Re. I don't think the appeal is a downside driver.
You don't believe this appeal places risk on rmbs? Though improbable, the worst case scenario for this appeal would be a devastating blow to the stock. All other scenarios place lesser sell pressure on the stock. Or don't you believe a 4 month trial delay will adversely affect rmbs?
I don't think Judge Whyte will grant the request because he knows Hynix had a fair hearing.
Well, that's what this brief is all about. Hynix says they didn't get a fair hearing. According to them, the standard for litigation should be "foreseeable", not "reasonably probable".
Further, the proper time for an appeal is after the infringement portion of the trial.
The second phase of the trial is dependent on the outcome of the first phase. If the "clean hands" ruling is over-ruled, then there won't be any second 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.
That is one of their arguments, but not their main one.
I'm just counting on Judge Whyte to not be taken in by such foolishness.
I'm with you, but not so sure it's all foolishness.