Rambus (RMBS)

[Nicdagreek]

Note these remarks today from Whyte and answer your thoughts please - why can't the inventors address the DOE issue?

Its possible, but very unlikely. The parties are required to divulge their theories, facts, and witnesses in advance in extensive pre trial discovery. If you try to introduce some new "fact" from a witness that was not disclosed before, it will be invariably included. So, say if Farmwald wanted to say "well, from a practical perspective, N-1 is the same as N when you put it in a register" I can guarantee you Whyte will exclude unless Farmwald's testimony/evidence was identified before on this topic.

Moreover (and I haven't checked this in awhile..) it may be the case that one cannot introduce evidence on infringement outside of an expert report - at least in ND Cal. The rules are different everywhere, but you can't have the CEO come in for example and start talking about "equivalence." Plus, the witness has to be qualified as "ordinarily skilled in the art" and I don't think these guys qualify - I think they are way more qualified in fact.

Da Greek