Replies to post #14586 on Rambus (RMBS)

[eastunder]

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.

LOLOLOL! I'm very glad I wasn't sipping my coffee when I read that line!

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?

Our version of "Show me the Money"? ;)

[Threejack]

AT Trial RFP 6/17


From Starduster.

========================

Rambus Free Press, Jun 17, 2011 --- Starduster

Starting at 9am Monday morning the jury pool is coming back. We need to finalize the 6 alternates.

McBride has estimated 1hr 30 minutes for the completion of this task. We then take a break and

Opening arguments start. Because we lost time with the jury selection each parties opening arguments will be chopped down. Rambus and Hynix did not complain but Micron was politely strongly upset. McBride did not budge.

As for the Tucker expert report Rambus will refer to it in opening. Micron/Hynix wanted a ruling on how or if it can be used. McBride is just going to let it be a shoot out on opening. He said that if you don’t deliver what you tell the jury they will punish you later. Sometime later in trial McBride may rule on Tucker but I personally doubt it. He has looked over the briefs and Kramer’s previous rulings and has decided that it will be his decision. This means that any exhibit or any reference to later material will be allowed with the risk that if you can’t deliver it later, the jury will hold it against you.

More later, this what we have been waiting for.

Starduster

http://www.investorvillage.com/smbd.asp?mb=3666&mn=605319&pt=msg&mid=10619252

Rambus Free Press, Jun 17, 2011, part 2 --- Starduster

If you are planning on attending opening arguments here is the drill you will have to do.

No one will be allowed into the courtroom during the alternate jury selection. The courtroom was transformed today with the 3 tables set up and computers installed at the jury box and the court stations. The place is packed and only the principle parties and the jurors will be in the room.

This will start at 9am until finished. The courtroom will then be cleared for a break, how long I don’t know but I would guess about an hour.

No seats will be reserved for anyone. It will be first come first served. No reserved seats for attorneys, no reserved seats for the press, or the public. It will be a free for all.

Each party can have 1 and only 1 company representative at their table. They may change who it is from time to time, but they can’t change it everyday.

6 preemptory challenges total are left for the alternate jurors.

Hynix turned in the facebook people to the court and the facebook postings were on June 8th.

Rambus has brought an action before the court complaining about the racial makeup of the jury and who was excused. We spent 50 minutes this morning putting into the record the reasons for juror exclusions. The record will reflect that the jurors were excluded for other than race.

More later, Starduster

http://www.investorvillage.com/smbd.asp?mb=3666&mn=605322&pt=msg&mid=10619281

Rambus Free Press, Jun 17, 2011, part 3, Starduster

The witness exclusion order.

This is the order that no witness can be in the courtroom to observe until he or she is called.

Micron/Hynix wanted to have the witness watch a live feed. McBride said that the statue in the law was written in 1958 that excluded them but that was so long ago before electronic means became available. McBride ruled that electronic means are not allowed, just as in 1958. There will be no showing of transcripts or live electronic feed to the witness outside the courtroom. What is allowed is the witnesses attorney can go out of the room and tell him what is happening in the courtroom.

All the parties then requested exemptions for their economists and damages experts. It was granted so each party can have their experts in economy and damages sit in the court all they want. (If they can get in, see post #2 today).

It doesn’t appear that we will have live TV. McBride has not made a ruling but he spoke about it today and I am speculating that he is beginning to see that there will be problems that he doesn’t have time to address. He spoke of a few of the problems. Kill switches for sealed information was one, not showing the jury, not showing the judge, and others. He had not made up his mind but I don’t think we will get it.

Rambus’s case-in-chief will begin at 8:30 on Tuesday, Jun 21. The first witness will be Mr. Kim of Hynix. At that point Rambus wants to introduce the DOJ plea agreement. Hynix objects.

McBride rules that he will not give jury instructions on how to use the guilty plea. In each opportunity in the trial that it appears he will instruct the jury on what it can be used for.

Micron asserts that every time this happens then McBride must also say that the guilty plea does not apply to Micron.

There was a lot of discussion on this and the bottom line is that Rambus must link it to Micron under the evidence rules.

http://www.investorvillage.com/smbd.asp?mb=3666&mn=605330&pt=msg&mid=10619340

Rambus Free Press, Jun 17, 2011, part 4, Starduster

McBride – Opening arguments and exhibits are not presented for the truth. I will not restrict the opening. You have not given me any paperwork on what you want restricted so I cannot rule otherwise. We are running out of time. I have scheduled a trial and we will have a trial. If somehow you can get it to me before opening and I have time to look at it then I will. My usual practice is not to exclude or restrict anything in the opening. The jury will repay you if you don’t deliver what you say.

There was lots of discussion on Rambus entering spoliation by Micron. At this point it looks like Rambus has convinced McBride that they can if they tie it to the evidence rules as they do it.

McBride then asked Rambus when he was going to finish their case-in-chief. Perry replied that he thought Aug 4th. McBride said no way am I going to let you go that long. Then McBride told Hynix that they were going to be shortened also. Then he looked at Micron and asked – how is it that you did not plead guilty and you want more time than Hynix? How can that be?

McBride – OK folks, this is the bottom line. You will get one witness to prove a fact. That is all you need. You will not march forth any more than that for the same fact.

It looks like Kramer has just stiffed McBride. There are over 20 designations that are not completed as of now and the parties just informed McBride that they were going to give all of them to him. He replied that it was too late, the cutoff date for this was 10 day before opening arguments. All parties then informed McBride that Kramer was supposed to continue doing them during the trial but was notified last Friday that he didn’t have time and to give them to McBride. McBride said that we will get them done and that they will have to get a team together and we will work nights and weekends to finish them.

That is all for the week,

Starduster

http://www.investorvillage.com/smbd.asp?mb=3666&mn=605342&pt=msg&mid=10619404

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Nights and weekends. Got to love this guy.

Threejack