Saturday, January 22, 2005 12:39:02 PM
Kent,
I am no lawyer, but I will make a few observations.
The more patent claims found to infringe the better. That leaves room for some to be shed on appeal. Also, more claims, and more claims of higher value mean more justification for higher royalties.
Hyix doesn't really say much by claiming victory ove 9 out of 59 claims, so you are right that they don't make much of a point there. The point is that there remains counterclaims that will be tried this Summer, so this victory for Rambus does not end the litigation. Hynix will say what they can to support their side.
The truth is that a court has ruled for infringement of 29 claims. That is an obstacle which has been overcome. Progress has been made for Rambus and it includes 29 claims. Ten more will be decided in March per the schedule. I imagine Rambus has chosen ten of the remaining significant patents that they feel have the best chance for a finding of infringement.
Hynix originally sued for things similar to the counterclaims in the IFX case, not because Rambus infringes on something of theirs. Originally they sued for fraud at JEDEC, now overturned, and also for other things like monopolization or whatever. Hynix could sue as soon as Rambus sent something to them to discuss infringement. Rambus countersued for infringement.
JMHO
Paul
I am no lawyer, but I will make a few observations.
The more patent claims found to infringe the better. That leaves room for some to be shed on appeal. Also, more claims, and more claims of higher value mean more justification for higher royalties.
Hyix doesn't really say much by claiming victory ove 9 out of 59 claims, so you are right that they don't make much of a point there. The point is that there remains counterclaims that will be tried this Summer, so this victory for Rambus does not end the litigation. Hynix will say what they can to support their side.
The truth is that a court has ruled for infringement of 29 claims. That is an obstacle which has been overcome. Progress has been made for Rambus and it includes 29 claims. Ten more will be decided in March per the schedule. I imagine Rambus has chosen ten of the remaining significant patents that they feel have the best chance for a finding of infringement.
Hynix originally sued for things similar to the counterclaims in the IFX case, not because Rambus infringes on something of theirs. Originally they sued for fraud at JEDEC, now overturned, and also for other things like monopolization or whatever. Hynix could sue as soon as Rambus sent something to them to discuss infringement. Rambus countersued for infringement.
JMHO
Paul
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