Tuesday, April 11, 2006 1:40:05 PM
As long as Rambus gets a favorable verdict of validity and infringement on any one claim, that's it, game over. Damages do not depend on and are not a function of the number of claims that are infringed. Rambus is supposed to get the exact same "full" damages whether only 1 claims is infringed, all 10 in this trial or, in theory, all 50+ that were in the original filing of this case. Assuming that Rambus gets both validity and infringement on 1 claim, the only question left is the amount of the damages."
The actual amount may not be handled but can it be postulated that the more the number of claims of infringement the jury rules on in favor of RMBS MAY dictate how much appeal Hynix is willing to go for.
EX. If the Jury says only one count of infringement...then I would think Hynix says....gee..only one....take it to appeal and get one overturned and we are back in business....
BUT if jury says ALL counts of infringement then maybe Hynix says...holey sheet....we cant get them ALL overturned.....lets settle.....or delay delay delay and THEN settle.....
AM I RIGHT ON THIS ONE?
Its just a matter of "what are the odds they can overturn" if given one claim of infringment or all 10.
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