Rambus (RMBS)

[smd1234]

AT judge (Kramer) will decide 2/23/06 whether to allow them to go to FTC, but there are reasons - WELL SEE NJ post below.

Not to worry, Rambus has the docs, but they ARE NOT PUBLIC.

=====================================
I WROTE:
NJ postulates a reason why Kramer pushed out the DOJ decision (i.e., whether to grant a Rambus motion to amend the existing protective order so as to allow Rambus to share w/ FTC copies of the DOJ docs it has in hand).

As I understand him, NJ suggests Kramer saw that if he granted wider access to the DOJ docs, the amigoes would appeal and slow the AT case down.
..................=============..................
NJ RESPONDS:
That's not exactly correct. Kramer postponed his hearing to lift the protective order on the documents that are under seal for several reasons IMO. One reason is to allow the parties time to reach an amicable settlement. His new hearing date on lifting the protective order is Feb. 23rd. First, he new back in late November that this would allow adequate time for Whyte's to issue his spoliation decision. Second, he knew that if the decision was favorable, it was not as important that the FTC had those documents to counteract the "testimony" of people like Appleton. The FTC has been hanging on to this case due to "spoliation"....well that dog won't hunt any more, so getting the protective order lifted is no longer as important to Rambus.

I did post on another board that Kramer is ready to get his trial moving...and he wants to rock and roll. He knew for certain that if he had ruled to lift the protective order, there would be appeals and it would take months. I think he wants to get his trial started ASAP, and now if he doesn't lift the protective order (and I feel pretty sure he won't), then there will be no more delays in the AT case.

JMHO,

NJ