Tuesday, November 01, 2005 11:50:43 AM
A few thoughts.
Whyte might do same as Payne did - hopefully 180 degree diff in outcome though - to get settlement talks cookin'
Hynix probaly cannot appeal and won't try, except they might ask Whyte to certify the result so they can pursue the "advice of counsel" aspect to CAFC
Nic thinks spoliation is a for sure, and only the penalty is in question. I think his credibility is low on stuff like this.
Unclean hands? no way
Thanks for your reports
smd
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Looks like Dell will be pulling the Naz down today. Been waiting for an opportunity to add a few more shares (RMBS). Today might be the day.
I doubt that Whyte will issue a judgement from the bench. He seems to be a thorough judge who will take some time to issue a well thought out written ruling. How long will that take? From what we've seen of Judge Whyte in the past it could be a while. JMDO
Couple of possible outcomes that we could discuss:
1) Will Hynix appeal a favorable Rambus spoliation ruling? It seems likely to me that Hynix would appeal if for no other reason than to add to the delay game.
2) Will Hynix settle after a favorable Rambus spoliation ruling?
3) Will Rambus win the spoliation trial completly?
4) Or will Rambus be guilty of some sort of spoliation or unclean hands? What would be the penalty?
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