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Re: smd1234 post# 7962

Monday, 02/13/2006 7:49:53 PM

Monday, February 13, 2006 7:49:53 PM

Post# of 17023
smd1234 - It's also important to note that Whyte asked Rambus to decide what claims of the original 54 (or 59) to take to trial, and to limit it to 10.

Rambus said they needed to know what claims Whyte would issue SJ's on. After Whyte picked 29 of them, Rambus picked 8 of the strongest claims from the remaining claims, plus two of those Whyte had already issued SJ's on.

Of course, Whyte then pulled back some of the SJ's because Hynix said they weren't prepared for certain arguments because the dog ate their homework.

So some of the claims with SJ's that were pulled back may have actually been better candidates for the trial than the 8/10 that are being tried. However, Whyte said Rambus could argue for SJ's again on those claims. I don't know what timeframe he allowed.

So the fact that Rambus' claims in the trial seem weak is more of a function of what claims were remaining after SJ's were issued and retracted.

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