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Thursday, November 10, 2005 12:33:40 PM
Here's the post from yahoo I mentioned:
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Effect of Payne's Ruling
by: knowledgable_observer 11/10/05 11:19 am
Msg: 822712 of 822726
>>>
acknowledges that the declaratory judgement suit has been mooted and avoids collateral estoppel as to the validity and enforcability ot the patents.
He is keeping jurisdiction as to atty fees but is using the exceptional case determination in order to enter into record evidence that would of appeared in the unclean hands arguments of a judgement hearing.
He can't order the patents unenforceable due to unclean hands, that has been mooted, but he can award atty fees and say the reason for the fees are due to bad faith litigation and unclean hands.
And HE IS GOING TO DO THIS...
But it won't carry much weight with NO DISCOVERY and only using the IFX case...
<<<
But take this to the next logical step.
Payne now enters the 300 page judgement against Rambus that he had all prepared for IFX, complete with all of the one-sided accusations and innuendo - perjury, scheming, ... The whole Desmaris line.
The FTC picks this up and enters it into their record. Now they're off and running for another couple of years. Hynix takes it to Whyte to cause trouble. Micron goes to Delaware and gets their trial delayed until everything gets sorted out.
Micron stirs the pot with some other stooge like Holiday Matinee and gets the shareholder lawsuits started again.
No more new license deals will get signed/renewed. Existing licensees will balk at paying while everyone else gets off scott-free. Rambus can kiss IFX's $100M goodbye.
Whether or not Payne's actions have any legal basis is irrelevant. He is going to throw a monkey wrench into the works and dig Rambus a hole that they are going to need a couple of years to climb out of, just to get back to where they are today.
Posted as a reply to: Msg 822702 by sdhawgman
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