Rambus (RMBS)

[lizvestor]

News from the Court II from Infingeon at Yahoo:

Hynix essentially agrees with all of Rambus arguments in the bench trial motion but argues for a jury trial to recover litigation damages caused by "Rambus tortious conduct".

Hynix says it is just not fair to give Rambus an infingement trial and then give Hynix a bench trial.

Rambus argues that Hynix has already waived damages and it is too late for them to change
and that the evidence cutoff date for disclosure of damages has long since past. Rules 26 (a) and 37 bar the introduction of any damages evidence at this time. Such evidence would be lawyers bills.

This is a very weak argument in light of the Noerr Pennington ruling which says that Rambus had a right to sue Hynix. (2188)

Under the "American Rule" each side pays their own costs of litigation.

Gentlemen, it looks like we have a bench trial.

Prtrial Case management is August 3 and a final pretrial will be August 17, 2006.
The trial is on August 21, 2006.