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Wednesday, 02/22/2006 8:40:00 PM

Wednesday, February 22, 2006 8:40:00 PM

Post# of 17023
Through the looking Glass
by: slymmbo2 02/22/06 08:17 pm
Msg: 906341 of 906348
It was another Alice in Wonderland day in Payne's court. Samsung had a 55 slide presentation which I thought was completely demolished by Stone. Payne, however, seemed to be searching for a way to find that he didn't have juridiction, but still sanction Rambus. Samusng kept citing INF case and saying Whyte's ruling wasn't applicalble because the issues were different. As Stone pointed out Payne's original ruling for IFX expressly stated the ruling was limited to IFX. Samsung accused Rambus of gaming the ligation process by filing counterclaims against Samsung before the outcome of Whyte's ruling was known. Incredibly, Payne seemed to morph Rambus, the defendant in the case, into the plaintiff. The declaratory issues were already dropped. Payne posed question essentially asking ...suppose this court finds it has no juridiction, and the court is wrong, would that affect anything else the court does. So it looks like he trying to find a way to sanction Rambus, which Samsung says he has authority to do, even if he rules he has no jurisdiction. Samsung closes with "it is time to open the window blinds and let the sunshine in and clear these matters up once and for all"...bejesus, that was corny.

I left the courtroom convinced that Samsung wasn't going to get what they wanted because they had no case. I.e, there were two windows:
1. Court can find it doesn't have jurisdiction, hence Rambus offer to pay attorneys is moot.
2. Court can find it doesn't have jurisdiction but
still sanction Rambus.
I thought second window defied logic.

In our roundtable discussion after leaving the courthouse, however, everyone seemed to think that Payne will find a way to stick it to Rambus by way of a sanction. So I am now less sure it way a good day for Rambus,however, no one could make me understand what "sanction" means and what effect it would have.

In short, I don't know what the hell to think. Payne has defied
logic before, will he do it again...probably...but I don't know what it will mean. It is truly ironic that while Samsung was accusing Rambus of gaming the process, Micron was filing suit against Rambus in Va, pulling down their waiting number to get served in Payne's buffet.

Not sure any of this helps...will have to wait for ruling...clearly if Payne pulls some rabbit out of his hat, Rambus will appeal it....Joe.



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