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Monday, 03/15/2004 7:04:12 PM

Monday, March 15, 2004 7:04:12 PM

Post# of 17023
Great read - here's a link
http://media.corporate-ir.net/media_files/NSD/RMBS/custom/Signed_Rambus.pdf

A few tidbits...
"In spite of this Court's (CAFC) ruling that, as a matter of law, there was no evidence that what Infineon claimed was fraud was in fact fraud, the District Court has continued on remand to order Rambus to produce privileged documents on the theory that the crime-fraud exception to the attorney-client privilege still applies to this case."

"This Court's (CAFC) analysis with respect to whether and to what extent a duty of disclosure existed at JEDEC has now been strongly buttressed by the results of a 54-day administrative hearing conducted by the FTC last summer."

"On remand, the District Court has essentially ignored this Court's (CAFC) holding that Rambus has not breached any duty of disclosure to Infineon and therefore could not have committed any fraud."

It seems as if Payne played right into Stone's hands by his outlandish order. Payne gave Stone the "abuse of discretion" he needed to petition for a Writ. Interesting to see how this plays out.


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