my post on TMF:
I'd like to believe this move by Stone was brilliant - psychologically increasing the chance of getting a wilfullness ruling out of Whyte.
Who knows?
zonz
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Re: tardy report from San Jose
by: hollydump 02/24/06 03:04 am
Msg: 908589 of 909070
The essence of today's meeting was that 1) the trial is delayed until March 13 or 14th (opening arguments begin on weds 3/15) and 2) whether they continue to keep the infringement and damages together or bifurcate them. Hynix argued that they should be bifurcated and Rambus says its too hard to keep bringing back expert witnesses twice. Rambus offered to drop their willfullness charge as an offer to keep the other two together.They will make their arguments by next tuesday on this issue. My notes refer to the issue of "latches" thrown into this mix so I hope TDOX has explained that because I am sketchy on the disposition of the latches argument.
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Re: tardy report from San Jose
by: hollydump 02/24/06 04:15 am
Msg: 908603 of 909070
I believe it goes to how much damages they can collect, maybe willfullness triggers triple damages. The Hynix guy scoffed at the Rambus "bone" and said willfullness was going to be very hard to prove anyway...
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Re: tardy report from San Jose
by: nicdarealgreek 02/24/06 12:00 pm
Msg: 909041 of 909068
<Declining Rambus' offer to drop 3X damages in exchange for merging phase 2&3 either indicates Hynix plans to accept a settlement at the 11th hour or their lawyers are billing by the hour and taking Hynix for a ride in the country. Seems like an offer Hynix should have jumped at.>
Maybe Hynix believes the chance of treble damages is extremely remote, so the "offer" from Rambus is essentially worthless. If it were worth something, Rambus would never give it up so cheaply - says something about their confidence for that leg of the case.
Da Greek
PSsst, don't tell Watz and Infringeon about throwing out wilfulness, it will wreck their wacko damages model to hell.
