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Thursday, November 10, 2005 1:12:50 PM
Will, Rambus will have to file a regular appeal of Payne's decision. {That's not a bad thing} His decision will be a final order. But it flows in the pile labeled "slow boat."
Hynix will ask Whyte to allow an interlocutory appleal of his unclean hands decision once Payne's decision is issued. That is why Rambus must stall off Payne until the NDCA infringement case is underway.
(Obviously a settlement w/ Hynix makes my comment pointless - - but put yourself in Hynix's shoes; Whyte is telling you to settle but you see a long delay <based on Payne> if you hold off. Don't you think that will figure intop Hynix's calculus of "how willing ($$$-wise) should we be to settle")
Sorry to be pessimistic, but I calls it like I sees it.
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