Payne says 4 claims that weren't thrown out will be tried. I see 3 claims that weren't thrown out. 263 patent claims 1&2 and 918 claim 18. This is rocket docket so RMBS is not going to be able to reopen case to broaden the scope of claims.
I don't think Infineon will settle. 3 claims being tried if Payne has his way is like tying RMBS's hands again where they can't win.
Other claims went out with Infineon's Markman acceptance.
5/4/01 301 STIPULATION AND ORDER regarding Rambus patents, the parties hereby agree and stipulate that Infineon's declaratory counterclaims of noninfringement, invalidity and unenforceability with respect to the '263 (except claims 1-2), '804, '214 and '918 (except claim 18) patents are dismissed without prejudice as moot ( signed by Judge Robert E. Payne ) Copies Mailed: yes [EOD Date: 5/4/01]