Replies to post #7956 on Rambus (RMBS)

[Nicdagreek]

SMD:

Y/N - The likelihood of admissibility of the Hynix agreement w/ Rambus is high

I don't even know if Rambus is trying to get this in.... also, there were two agreements as I recall. So I don't even know which one we are talking about. If Rambus tries to get an agreement which says 2.5% royalty, I'm not even sure Hynix cares if it is admitted.

Y/N - The likelihood of admissibility of the IFX settlement w/ Rambus is low

This is a tricky question because the answer is dependent on "what" you mean from the settlement. The FACT of the settlement agreement may very well be introduced for a variety of reasons. For the parts dealing with what IFX paid, I rate the odds at 50/50.

Y/N - The likelihood of Hynix ATTEMPTING TO ARGUE Rambus's financial size as a factor in the assessment of damages is low

Y/N - The likelihood of Rambus ATTEMPTING TO ARGUE Hynix's financial size as a factor in the assessment of damages is high

Both of these are (usually very) irrelevant to the reasonable royalty calculation for damages. So I don't see either coming in to play. For wilfulness, the infringer's size is also irrelevant: all that matters is their conduct. Now, of course, one can say a reputable company of certain size should do certain things, so there are ways of backdooring the info.

Again, it depends very much on the purpose of the information being offered.

Da Greek