Rambus (RMBS)

[smd1234]

the writ request would be as follows:

Request the CAFC direct the EDVA to dismiss with prejudice the proceedings pending in Sammy v Rambus, including the adjudication proceeding contemplated by Civil Order of 11/08/05 (etc, http://investor.rambus.com/downloads/2005-11-8%20Civil%20Order.pdf) on the following grounds:

=> history

=> Sammy has refused Rambus's offer of fees

=> 35 USC 285 only allows a proceeding to adjudicate atty fees under the statute where a prevailing party establishes exceptional case

=> Sammy was not a prevailing party

=> Rambus was not a prevailing party

=> Nothing left for the EDVA to decide.