Replies to post #5898 on Rambus (RMBS)

[smd1234]

Skeptic-
I am confident Whyte will make no mistake in his decision on unclean hands; he knows the facts, he has latitude in the absence of binding precedent, he's smart, understands the context, etc

I am not a patent lawyer able to comment on the chances that Phillips will cause him to change his Markman, but I think it is worth asking around to some experts; maybe you could report back to us.

The reason I said Whyte could make a claim construction mistake is simply
1 - there is flux now after Phillips, which often takes a while to settle down after an appeals ct makes a change of direction;
2 - CAFC has a high rate of reversing on claim cosnstruction, altho I have not looked into the rate as to Whyte's decisions compared to the ave.; yet another area ripe for some research;
3 - Whyte MIGHT be inclined to do something here on claim construction that is designed to bring about a settlement, especially if he feels his post-Phillips decision is a close call when he reexamines the situation

THE ABOVE IS PURE SPECULATION
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SMD - I know Nic's raised the specter of the phillip's case - are you saying you expect Whyte to change his mind on the claims construction for "device"?