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Docrew
I thought MU ok'd 14 days and Rambus wanted 30, so they asked Payne for 30.
No?
smd
Cal, you'll be back at 100% in no time.
regards,
smd
In this Motion would guess Rambus discloses its motion to enjoin filed in DE, and asks Payne for an extended time to File an Answer or Response to the MU Complaint
smd
============
U.S. District Court
Eastern District of Virginia (Richmond)
CIVIL DOCKET FOR CASE #: 3:06-cv-00132-REP
03/07/2006 11 MOTION for Extension of Time to File an Answer or Response to the Complaint by Rambus, Inc. (wtuc) (Entered: 03/08/2006)
what Micron's RICO case deserves!
By: smdgc
Date: 03/08/06 03:16 pm
Motion Denied Because You're An Idiot
Federal judge cites Adam Sandler's "Billy Madison" in order
MARCH 6--In what is surely a first for the federal judiciary, a Texas bankruptcy judge has quoted from the Adam Sandler film canon in a recent opinion. Dismissing a motion due to "incomprehensibility," Judge Leif Clark cited a scene from "Billy Madison," Sandler's 1995 comedy, in a footnote to a February 21 court order. "Deciphering motions like the one presented here wastes valuable chamber staff time, and invites this sort of footnote," wrote a miffed Clark. Lawyers practicing before the 58-year-old jurist, who presides over cases in San Antonio, should tread lightly or Clark might again dip into the Sandler oeuvre for another stinging rebuke. "Hey, old man river, zip it or I will break your hip," from "Big Daddy" might work. Or perhaps the classic "Happy Gilmore" line, delivered by Sandler as he pummeled TV game show host Bob Barker: "The price is wrong, bitch." (2 pages)
http://www.thesmokinggun.com/archive/0306061billy1.html
I am not in a position to evaluate this point, but many times I have seen statements such as yours prompt the following response:
"That is the way things are done in the valley" (Silicon Valley)
smd
============
It is an amazing number for a company of this size, revenue, earnings, etc. Granted, some was Eulau, Mooring, but still over time this management group and BOD has really taken its shareholders for a ride. The the big question is, how can you trust this management group and BOD to do something for its shareholders other than take advantage? Do you really want to get into bed with them. Sony is the only one that has stayed with RMBS over time. Almost everyone is in court with RMBS. There may be message in the insider sales.
LOOK AT THE CHG # FOR
De Shaw & Co Lp and for Fidelity! wow!
http://moneycentral.msn.com/investor/invsub/ownership/ownership.asp?Symbol=rmbs
Pro Hac Vice means "for this occasion" as in ...
"I am not licensed in this state but, hey judge, can I appear here and practice law for this one time (one case) only - w/o getting licensed in this state."
Req is routinely granted when a licensed atty asks for the permission on your behalf. Sometimes there are restrictions on what you can do.
smd
MU agreed to give Rambus an extra 14 days to respond to the complaint - thus 3/28/06 - although Rambus had asked for 30
smd
Anyone? Please confirm this or correct me:
When RMBS asked for an extension to respond to the RICO case filed in VA by MU (Rambus, I think wanted 30 days but MU would only agree to less - 14?), had RMBS already revealed that they were filing a motion to enjoin MU from continuing in VA?
smd
Pruf, I thought the motion to enjoin was first rate.
smd
========
. I like this lawyer Mary Graham. She is forceful and eloquent. I hope we hear from her again real soon.
Recognize what is at stake in the case going to trial this month - whether SDRAM, DDR-SDRAM products made by Hynix infringe Rambus patents. That is all. (But, obviously, having a determination that the Rambus patents-in-suit here are valid and enforceable WILL help later on.)
smd
OT - while we wait for 3/13, here are two small stocks worth a look
SAVVIS Inc. (SVVS) (4 million share day today vs. 400k normal) (shares up 20% to 92 cents)
BLUE HOLDINGS INC (BLHL.OB) up 45 cents to 5.60 on good volume ahead of earning tomorrow
Do your own DD
smd
Newcombe, I was not aware of this assertion by JMKel, so I will ask arno to run a poll on this.
smd
========
A lot of people think Nic works for Micron and tests the latest Micron propaganda on the threads to see what has traction.
Congrats to Cal, a/k/a the "Einstein" of EE, on his new "top dog" designation!
smd
===============
You lack the basic credentials of a first year EE student.
Your attempt to argue with the "Einstein" of EE (sic) is pure vanity without substance.
nic pls cross post at the fool, and maybe a brief version on ymb
smd
jeffreyscott - who won?
LOLO -
Do you know of a website I can visit where they will translate this:
The onry apploach I can see wourd be to move palt of the contlor roop off-chip; but then it wourdn't be compatibre with the regacy designs. rots of ruck with that thing...
smd
Cal -
"'99% positive already working on a design-around' bluff"
I'm 99% sure they've been at it for a looooong time - to no avail.
smd
Will,
Cotchett confirmed to me that the protective order entered 5-12-05 in the AT case is still in place and prevents use of the docs by the bus. They can "characterize" the docs in a filing to the FTC, but cannot attach them to a filing submitted to the FTC.
= Rambus can re-visit this again w/ Kramer.
= Rambus can give FTC a list of docs and ask FTC to subpoena them.
But that is as much as the bus can do now.
smd
==========================
I'm still trying to figure out what's protected and what's not in the AT case
Think about it - what is the downside for Jordan to go ahead & enjoin MU?
It's not as though he can be seen as unfairly punishing them. Rambus made a strong case for enjoining, and Jordan has the balls to do it.
jmho
smd
my best recollection is that was docrew, and the list came from the recent motion to tranfer from DE to CA
smd
=========
About 4 weeks ago someone listed the claims going to trial. If that list is correct, then stk_hawk's list is incorrect. It's extremely dangerous to conduct a patent search using 'rambus' and the last 3 digits of the patent. Some Rambus patents have the same last 3 digits. Looks like he has the wrong '916 patent listed. His conclusions are as well quit iffy.
I happen to like that quite a bit:
Cal Da Biker
Who are the agents of SPECTRE, LOL, I guess you mean
http://en.wikipedia.org/wiki/S.P.E.C.T.R.E.
and how did you find this out?
smd
Check Yahoo for the court info it is already posted there.
The new Ramboid thread has already been breeched by agents of SPECTRE. Essentially it is useless now as a private thread.
AWESOME - one suggestion is put a shorthand label in brackets behind each case #
e.g., [DDR2 case]
smd
MU decision makers are the lowest of the low - no argument from this quarter.
smd
lolo
Get real. A law firm does not decide one day to withdraw and file withdrawl papers with the court the next day.
smd
BOISE, Idaho, Feb. 21, 2006 – Micron Technology, Inc., (NYSE: MU) today announced that it has filed a new lawsuit against Rambus Inc. (NASDAQ: RMBS). The suit alleges that Rambus violated sections of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and Virginia conspiracy laws through a pattern of illegal conduct
I would rephrase:
deckhands leaving a sinking ship
The firm will work for reprehensible clients, but that doesn't make 'em rats; I think they simply want no part of a play that looks like "pulling a fast one"
JMHO
smd
==============
Rat leaving a sinking ship.
they also may have been fired to stall the Rambus motion in DE to enjoin MU
Bartlit Beck Herman Palanchar & Scott is likely very pissed about the Payne RICO filing.
Bartlit Beck Herman Palanchar & Scott cares about their reputation.
Cal,
I thought you were referring to an event, or decision, of recent vintage which increased the difficulty.
smd
Edelstone - he knows Rambus better than anyone. We'll need the analysts to get broader inst'l ownership. Right now we have just one major inst'l owner, Primecap.
smd
cAL - what leads you to this conclusion?????????
=========
to get a conviction is way more difficult than previously thought.
I was referring only to the invalidity ruling that came out Tues. a.m.
I think you have a reading comprehension problem.
smd
TJ - re: does Judge Jordan have the right stuff
the cool thing about this motion is that Payne is a mere bystander.
If Jordan goes Rambus' way, then MU will be forced to drop the case before Payne.
I won't claim to have done the research for cases weighing against the motion, but
= Rambus seems to play things straight, which means they take seriously the obligation to include and address in their motion papers all the important cases weighing against their request - but here I don't see any.
= If Jordan is a good Judge, which I think he is based on the transcript and decisions of his I've seen, he will very calmly and quietly drill MU a new one - if you catch my drift.
I got into this point a bit previously, and might have mentioned comments from Nic on TMF: MU's move to VA was a classic bonehead move - something you'd expect from a legal team that lacks coordination (or savvy) at the top.
smd
=====================
Question is, does Judge Jordan have the right stuff to square off against Judge Payne and the political power of Micron. Can you imagine His Nibs reading this motion and wondering about his own stuff? What a drama. : )
cal-
can you elaborate pls
smd
=========
Without on-chip DLL and dual edge clocking, DDR would have the same IP content as SDRAM. There's more IP in DDR2. But to get a conviction is way more difficult than previously thought.
but let's remember:
Patent claims enjoy a presumption of validity once issued. 35 U.S.C. § 282. A party seeking to invalidate a patent claim must provide a high degree of proof to overcome this presumption. The legal standard for this proof is “clear and convincing” evidence of invalidity, more stringent than the “preponderance” standard used by the examiner during prosecution. Eibel Process Co. v. Minnesota & Ontario Paper Co., 261 U.S. 45, 60 (1923); see also 1D.S. Chisum, CHISUM ON PATENTS, § 3.05 (2004). http://www.fenwick.com/docstore/477/Altering_Patent.pdf
and now for a different perspective
this poster makes a very good point, in general, but I am no EE
Re: Whyte denies Hynix Motion for SJ
by: internal_fire 02/28/06 05:25 pm
Msg: 911980 of 912139
I wonder if anyone cheering this decision actually read it carefully.
It appears that Hynix prevailed on about half of their arguments, and for the other half JW said that the evidence was not sufficient as a matter of law. In other words, half of the arguments are a slam dunk for Hynix, and the other half need to be argued before a jury.
A summary judgement is only granted when essentially all of the pieces fall into place with no need for a jury to decide facts.
This decision is better than a sharp stick in the eye, but it is no indication that a jury would go along.
Disclosure: I used to work in memory development with the now-famous Don Redwine. I am currently neither short nor long in RMBS.
Posted as a reply to: Msg 911685 by winocaroad
Just the right strategy!
35 U.S.C. 101
35 U.S.C. 102
35 U.S.C. 103
http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf
A patent is not valid (i.e., it is "invalid") if the invention was "obvious" due to methods/devices/stuff that is already known out in the world. That is "prior art." Actually, prior art is an even broader concept.
Here Whyte says the methods/devices/stuff put forward by Hynix in a motion for summary judgment is not manifestly sufficient to find that the Rambus patents (i.e., the ones attacked by that summary judgment motion) are invalid due to prior art.
So the issue of invalidity due to prior art must be decided by a jury.
see
http://www.iusmentis.com/patents/priorart/
http://en.wikipedia.org/wiki/Prior_art