Rambus (RMBS)

[Threejack]

re: A great read


Hey anatural,

Thanks for the post. It was a great read. Especially like the straightforward language of Rambus's Counsel:

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Despite having long ago chosen Delaware to file its claims against the enforcement of Rambus’s patents, and having
secured priority from this Court for trial of its unclean hands defense and affirmative
claims, Micron now seeks to repackage and litigate the very same issues against Rambus
in the “Rocket Docket” Virginia court under the guise of purported claims under the
Racketeer Influenced and Corrupt Organization (“RICO”) act and similar statutory
conspiracy provisions of Virginia law. It has long been the rule in the Third Circuit that a
district court should enjoin a party from filing a subsequent action in another federal
court that involves the same issues and same parties. That rule applies a fortiori here to
prevent the gamesmanship in which Micron is engaging...

...There is no reason Micron could not have sought leave to amend its
complaint to assert a RICO theory in this Court. (There are reasons to believe that such a
theory would fail, however, given past rulings by an FTC administrative law judge and
by the Northern District of California.) The only conclusion that can be reached is that
Micron is engaged in blatant claim-splitting and forum-shopping...

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Question is, does Judge Jordan have the right stuff to square off against Judge Payne and the political power of Micron. Can you imagine His Nibs reading this motion and wondering about his own stuff? What a drama. : )

Threejack