Zeev's Turnips Patch-No Politics (ZEEV)

[TJ Parker]

"Rambus had one "master" application ... There was really nothing to disclose except the claiming strategy, which no one has ever disclosed at Jedec ..."

you're apparently agreeing here with the 2 judge majority in the recent decision, and that's cool. but that wasn't my point. i was pointing out that what happened or typically happens at jedec doesn't necessarily constrain the ftc in determining attempts to restrict fair trade.

in particular:

'The U.S. Court of Appeals for the Federal Circuit eliminated the fraud charge "because substantial evidence does not support the implicit jury finding that Rambus breached the relevant disclosure duty during its participation in the standards committee."'

okay, that's why it was overturned at this point.

but the previous decision, and the dissenting opinion in this case, are still noteworthy:

'In her dissenting opinion, Judge Prost found that Rambus had attended JEDEC meetings with the clear intention of incorporating JEDEC discussions into the company's own patent claims.

'"The record is replete with additional and specific instances of Rambus employees attending JEDEC meetings, taking notes of what was discussed, identifying instances where Rambus already had claims covering what was discussed, and then seeking claims to cover what they learned at the JEDEC meetings," Judge Prost wrote, citing testimony delivered by Richard Crisp, the Rambus representative to JEDEC.

'The company's actions meet the definition of fraud, Judge Prost found. Even after Rambus had pulled out of JEDEC, two anonymous sources, dubbed "Deep Throat" and "Secret Squirrel", continued to provide information, Judge Prost wrote. Rambus then tried to destroy or otherwise hide relevant evidence of its actions within JEDEC, providing false testimony, she wrote. '

http://www.extremetech.com/article2/0,3973,851965,00.asp