Replies to post #15737 on Rambus (RMBS)

[ciciagt]

Follow-up post from IV on the Hynix Petition:

Msg 648887 of 648893 at 11/1/2011 10:51:39 PM by
RCMac98
In response to msg 648864 by Grandeplease

Re: US Supreme Court - why did Hynix file? cert petition a non-event

To preserve its options. The petition had to filed within 90 days of the July 29 denial of rehearing. See Supreme Court Rule 13: http://www.law.cornell.edu/rules/supct/13.html

What is the likelihood the Court will grant certiorari (take the case)?

Extremely low. Overall (leaving aside :prisoner petitions") the rate is about 2%. http://www.investorvillage.com/smbd.asp?mb=3666&mn=505099&pt=msg&mid=8811375
("Virtually all of the Supreme Court's docket is discretionary, and they don't sit to correct error in trials below. They sit to decide issues of national importance.

The Court each year now takes maybe 75-80 cases out of 7500+. Even when you drop out the half or so that are "prisoner petitions" [most of which are filed pro se from behind bars, often handwritten, and which are granted less than 0.5% of the time], no more than about 2% of the cert petitions or "appeals" filed with the Court are granted.")


And the odds against the Hynix petition are even longer than average. The Court is very much less likely to take a case where the Court of Appeals decision remanded for further proceedings in the trial court, as the CAFC did here. No point in the Supreme Court spending its scarce time on a case that is still going below. There's no issue presented in this posture of the case -- and probably no issue in this case at all -- that the Supreme Court is likely to think important enough for review.

Like the large majority of cert petitions, this filing is a non-event.

http://www.investorvillage.com/smbd.asp?mb=3666&mn=648887&pt=msg&mid=11114130