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April 29, 2008

Rambus : What's Next?

This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Analysis By:
Douglas Lichtman, Professor of LawDouglas Lichtman
Professor of Law, University of California, Los Angeles
Implications: Rambus has scored two big legal victories over the last few weeks.  Now, all eyes turn to the summer, where three more big legal events could determine the firm's fate.

Analysis: Rambus has had enormous legal success the last few weeks.  First, in front of a jury in California, Rambus beat back allegations that its behavior in front of a standard-setting organization called JEDEC ought to deprive the firm of its patent portfolio.  Then, in front of an appellate court, Rambus succeeded in getting an adverse FTC decision thrown out, and thrown out on such terms that the FTC is unlikely to try again.

That sets the stage for a very interesting summer.  Up next: a hearing in Delaware where Rambus will have to (again) defend itself against allegations that firm employees knowingly destroyed information in anticipation of litigation.  Rambus has lost similar fights twice before, but it has defended that accusation successfully once.  Delaware could provide an important fourth data point.

After that, a next important event will be the hearings over whether Hynix will have to endure an injunction against further infringement.  Hynix has lost its patent defense in a previous round, but is now struggling to avoid an injunction that would all but force the firm to settle in a heartbeat. 

The third milestone would then come in September, when Samsung and Rambus directly litigation all of the above issues plus more in a bench trial (judge only) set for California.

There are other Rambus hearings and events this summer to be sure; and there is always the wildcard of when, if ever, the European Commission will next speak up about Rambus; but these three events look to be the highlights of what could be a tremendously good, or seriously disappointing, litigation calendar.


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