Replies to post #3906 on Rambus (RMBS)

[pauls59]

Kent,

I am no lawyer, but I will make a few observations.

The more patent claims found to infringe the better. That leaves room for some to be shed on appeal. Also, more claims, and more claims of higher value mean more justification for higher royalties.

Hyix doesn't really say much by claiming victory ove 9 out of 59 claims, so you are right that they don't make much of a point there. The point is that there remains counterclaims that will be tried this Summer, so this victory for Rambus does not end the litigation. Hynix will say what they can to support their side.

The truth is that a court has ruled for infringement of 29 claims. That is an obstacle which has been overcome. Progress has been made for Rambus and it includes 29 claims. Ten more will be decided in March per the schedule. I imagine Rambus has chosen ten of the remaining significant patents that they feel have the best chance for a finding of infringement.

Hynix originally sued for things similar to the counterclaims in the IFX case, not because Rambus infringes on something of theirs. Originally they sued for fraud at JEDEC, now overturned, and also for other things like monopolization or whatever. Hynix could sue as soon as Rambus sent something to them to discuss infringement. Rambus countersued for infringement.

JMHO

Paul

[Threejack]

re: Hynix Responds


Hey Kent,

re: 1st puzzle. Hynix is sueing Rambus, over what?

When Hynix anticipated Rambus would sue them for infringement after licensing negotiations broke down, Hynix took preemptive legal action and sued Rambus in California for Non-infringement, Invalidity, Unenforceability, Breach of Contract, etc. Read the complaint here at Jeff's site. Start at page 4 of 11:

http://www.usjeff.com/HynixVsRambus/Docket01.htm

Think an error in the article created confusion, too. It read Hynix and should have read Rambus:

...Hynix originally filed 59 claims of which the judge allowed 50 to proceed. Rambus must now choose 10 claims to take to trial from the pool of 50, which includes the 29 claims in which the judge has already found patent infringement by the Korean chipmaker. The remaining claims will be tried at trials slated for March and June

http://www.investorshub.com/boards/read_msg.asp?message_id=5186741

re: 2nd puzzle. I thought that all that had to be shown or proven was if you infringe on one claim in the patent, you infringe on the whole patent. So, if Judge Whyte has made a SJ saying that Hynix has infringed on 29 claims in 4 patents, how can Hynix exonerate themselves by saying, 'so what, we got a SJ on 9 claims'. Are they talking 9 claims on Rambus patents or 9 claims on Hynix patents? Since Rambus does not produce anything, how can they infringe on anyones patent? It seems to me that since the SJ judgement says Hynix has indeed infringed, it does not amount to squat about what Hynix claims. If it is a numbers game, it is Rambus 29 Hynix 9, game over, Rambus wins

Just read Paul's response to your second puzzle. Couldn't have given you a better answer.

Just my opinion.

Threejack