Rambus Free Press, Jun 16, 2011,, part 2, -- Starduster
Back to the beginning of the day. We were in the courtroom 30 minutes before the jury pool was allowed in. Bloomberg and 3 other reporters were there also. I don’t know the others and some may have been for private funds.
The 2 Korean “suits” speak excellent English and Korean.
McBride came in and said he was ready for the Collateral Estoppel on the Priviledged document use. There was a couple of minutes of debate by Rambus that was rebutted by Micron and the Judge put down the hammer and said that ----I will rule. Judge Kramer did not give a final ruling and I will and it has nothing to do with what Judge Kramer has done. This is my ruling and I am making it on my own. Under California law the CE will not come in from any other case.
McBride --- This is my order. Opening statements will be in a single day. I propose that each has 90 minutes. If you want to meet and confer you are welcome to do so, but 90 minutes will be the absolute maximum of time for each.
For those of you that have been around this stock for a long time, Rambus has the same jury consultant that it used in the Judge Whyte conduct trial in San Jose. I recognized her right away. She is a mature, very elegant, Asian lady.
Rambus Free Press, Jun 16, 2011, part 3, ------ Starduster
I only got to sit in on the jury selection today. Yesterday it was absolutely packed but the same questions and issues were presented yesterday.
I have sat through hours and hours of court time going over the presentation of Hynix’s DOJ plea agreement in Kramer’s court. In fact as late as last Friday they were still preparing the Special Instruction #1 which dealt with it.
You can’t imagine how shocked I was today. Judge McBride told the jurors that Hynix had plead guilty to criminal price fixing and antitrust in Federal Court. McBride also said that there was some overlap into this trial on that conviction. He, as Judge would instruct them on how to apply it during the trial. He then told them that they would be hearing about large numbers that were mind boggling such as 15 Billion dollars. He said we will be talking about billions.He said that the numbers will be between zero and billions and they must listen and evaluate the evidence to come up with the final number.
The rest of the day went like this addressing the jury:
Micron/Hynix --- Are you bothered by Hynix’s guilty plea to antitrust in the Federal court? Do you realize that this is a different venue? Will you follow the instructions that Judge McBride gives you on the appropriate use of this guilty plea?
Micron --- You do realize that there are 2 defendants here. One is Micron and the other is Hynix. We are not the same, we just happen to be in this trial together.
Rambus --- Do you have any problem with giving large, very large numbers, in the billions to a party that has been harmed if they can prove the damages?
I am not kidding; they asked every single juror these questions. The sound of guilty and billions bounced off the walls all day long.
The attorneys are meeting McBride tomorrow morning at 9:30 to wrap up a few loose ends. I will be there.
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