Replies to post #7391 on Rambus (RMBS)

[pruf]

I don't think the appeal is a downside driver. The desperation obvious in it belies weakness on the part of hynix. The arguments are specious and callow. They are more a matter of petulence than law. I don't think Judge Whyte will grant the request because he knows Hynix had a fair hearing. Further, the proper time for an appeal is after the infringement portion of the trial. Further yet, Hynix is trying to plead that a broad complete and written verdict is contradicted by a narrow, incomplete, and unwritten verdict. It just won't wash.

All of this said, you are correct that any delay caused by this ludicrous ploy could be a negative. I'm just counting on Judge Whyte to not be taken in by such foolishness.

JMO

Pruf

[Skeptic]

2. Whyte grants appeal. P2 = 60%

Why would Whyte grant this appeal? Hynix is not presenting new information or pointing out flaws in Whyte's interpretation of the law - they are whining that Payne's view is different. What reasonable judge would agree to an appeal after having have allowed months of discovery, hearings, motions, and bullcrap in their court and then issuing a strong, well-reasoned opinion? Payne did none of the above. Whyte was well aware of Payne's opinon of Rambus before he issued his ruling - why should Hynix's hail mary change his opinon now?

Whyte had an opportunity to bow out and let Payne take over - before he did all this work. Why would he waste all that time only to change his mind now? I think the more reasonable probability is a 90% chance Whyte does not grant IA.

Payne didn't allow discovery into JRA, didn't allow new witnesses, didn't allow the DOJ evidence, only allowed Timony's biased FTC opinions. The biggest piece is that there was no written ruling from Payne. Hynix's IA holds no merit and has little chance of getting granted.

[smd1234]

Cal,

FWIW, I'm at 80% on this issue (80% chance Whyte turns down Hynix on new trial AND request for appeal).

Even as to the 20% remaining, I'd say there's a
50% chance Whyte allows the appeal and goes ahead w/ phase 2 while the appeal is pending.

If Whyte lets Hynix ask CAFC I'd say there's an 80% chance CAFC refuses to hear the appeal.

Any appeal like this is a 4 to 6 month process AT MAXIMUM, if CAFC agrees to hear it.

Good luck with the algebra!

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1. Whyte does not grant appeal, continues with 2nd phase of trial. Probability is P1 = 40%. This has zero selling pressure (S1=0). I'm using a selling pressure scale from zero (no sell) to 1 max sell (100% sell) .