Rambus (RMBS)

[Skeptic]

"SJ decisions pending in the Hynix trial"

What is taking Whyte so long? Is he trying to hold out until VA2 takes place or now holding out until the CAFC chimes in (or declines to)?

Someone, I think it was Danforth, talked about Whyte and how he was a very deliberate and thorough judge, but it's been 5 months by my count and still nothing out of California. With the following schedule, you would think that Whyte would have to rule on the JMOLs soon.

STIPULATION and ORDER by Judge Ronald M. Whyte :
Deadline to file motions to compel 10/5/04, Deadline for
all motion filings is 10/22/04 ; All motions will be heard
by 9:00 12/3/04 ; Discovery cutoff set for 10/15/04 ;
Pretrial conference set for 2:00 1/13/05 ; Jury trial will
be held 1:30 1/24/05 ; cutoff date for expert discovery is
10/15/04 ; pre-trial filings due by <date not set> ; (cc:
all counsel) [5:00-cv-20905] (dhm) [Entry date 06/25/04]



I'm near positive now that the Hynix trial will begin before the Virginia trial which I view as a positive. I think the chances of getting a jury verdict of guilty on infringement in CA is a lot better and I would think that that would be the trigger for Samsung and Elpida to pay full royalties. If however, VA2 took place first and Rambus didn't get an enforceable infringement verdict, it would muddy the waters even with a victory in CA.

If the En Banc review is denied, Infineon will request and be granted time to begin discovery of those 4000 documents. The trial will be delayed. If the review is granted and/or the second Writ is granted, Infineon will request and be granted time to change their strategy/defenses.

Erach Desai should be happy that Rambus is holding out - it makes his sentiment change to hold/sell from buy seem intelligent.