Replies to post #5990 on Rambus (RMBS)

[NukeJohn]

Rambus did not waive ACP on Johnson.

Nuke thinks Stone fooled Hynix into allowing the latter, giving them the right to depose DJ in advance, by waiving ACP.

Rambus' ACP was pierced in VA, but there was a time window for the piercing. Rambus was okay with Hynix asking questions from the time period in question, but was very careful to repeatedly tell Whyte that questions had to be from the time window in question. The game that IFX played (and Hynix was trying to play) was to try to expand the window, thereby trying to get Rambus to further waive their privilege. Obviously, this didn't work for the amigoes.


JMHO,

NJ

[calbiker]

Re. why wouldn't RMBS counter allegations of bad faith by using "advice of counsel"??? The only plausible theory I have is that DJ was "out of the loop" too early in the implementation to provide any meaningful help on RMBS's good faith in its DRP implementation.

That's correct. DJ was out of the loop. I believe Nissley even stated Rambus kept Johnson in the dark. Johnson's role is now limited to the attorney that presented the Doc Retention Policy to Rambus. Not much more.