Friday, November 04, 2005 2:24:35 PM
An arbitrator has far less muscle in a proceeding than Whyte or Jordan
The arbitrator would need to get up to speed on an awful lot
Arbitrations are not appealable.
Costs in atty fees are very high in arbitration, altho less than in full blown jury trial
I see the cases all consolidated before Whyte, so he can do "mediation with a bark" if he wants
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Maybe they should try the arbitration rooute with Micron...but the arbitrator would need to be privy to all of the DOJ documents....AND....the FTC initial decision which spelled out that Rambus's request was acceptable under RAND and that even higher levels would be acceptable in the industry....and higher levels (punitive) would be OK for those that took the action to court.
Seems like a fair arbitrator would give Rambus a reasonable deal.
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