Replies to post #5785 on Rambus (RMBS)

[smd1234]

Threejack,
Once Whyte rules on the Markman, the amigoes have, effectively, a piss poor hand of cards, and they'll know that. So the only time to get a decent deal outta Rambus is BEFORE Whyte makes that ruling, b/c I doubt Rambus will have high confidence in Whyte ruling their way (confidence yes, high confidence no).

My guess is that Rambus is willing to settle after the spoliation ruling. The Markman issue is very likely to protract out if Whyte rules against Rambus. Remember, Hughes, not Tate, is calling the shots, and that means "get back to biz asap."

(Spoliation ruling = lots of deference to Whyte from CAFC)
(Markman ruling = little deference to Whyte from CAFC, b/c Markman is reviewed "de novo" by CAFC {of course Whyte IS HIGHLY respected in contrast to the blowhard from VA})

smd