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From: Johnny Canuck2/21/2012 11:25:16 AM
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Rambus Conduct Before Board Won’t Get Review by Supreme Court
By Susan Decker - Feb 21, 2012 7:01 AM PT

Memory-chip designer Rambus Inc. (RMBS)’s conduct before an industry board won’t be reviewed by the U.S. Supreme Court, clearing an obstacle in the company’s decade-long pursuit of patent royalties from semiconductor makers.

The high court today declined to take an appeal of a lower- court decision clearing Rambus of accusations it improperly used knowledge gleaned from a standard-setting board to obtain patents so it could extract royalties from the computer-chip industry. The case was brought by Hynix Semiconductor Inc. (HYNX) as part of an effort to overturn a $397 million judgment.

Rambus contends that the semiconductor industry conspired to steal its technology and has filed patent-infringement lawsuits against companies that refuse to pay licensing fees. The litigation has defined Sunnyvale, California-based Rambus since the late 1990s, and its activities at the semiconductor industry’s standard-setting board form the basis of those disputes.

“There is enormous pressure on industry actors to reach global settlements whenever an industry is ensnared in the intellectual-property trap of a dishonest” participant in a standard-setting group, Hynix wrote in its Supreme Court petition.

The high court has declined to hear two previous appeals of rulings that favored Rambus on the issue of the company’s participation in the industry board.

No Broad Principles “The holding here is limited to a particular set of duties” for that industry group “and a particular member’s course of conduct nearly 20 years ago,” Rambus wrote. “This case presents no opportunity to fix broad equitable principles.”

A U.S. appeals court specializing in patent law said in May that Rambus didn’t breach its duty to disclose pending patent applications when it took part in the chip-industry group. The U.S. Court of Appeals for the Federal Circuit in Washington did say Rambus improperly destroyed documents related to its patent strategy, a separate issue that wasn’t part of the case brought by Hynix to the Supreme Court.

The case stems from Rambus’s participation in a group called the Joint Electron Device Engineering Council that in the early 1990s was developing the new generation of dynamic random access memory, or DRAM, which acts as the main memory in computers.

Without Fees Rambus has argued that it attended the group’s meetings until it realized that other industry members wanted to use the company’s inventions without crediting or paying fees.

Hynix (HYNX) is among chipmakers that have accused Rambus of attending the meetings and then quitting the organization to avoid complying with a policy to notify participants of relevant patents and patent applications.

After leaving JEDEC in 1996, Rambus had people with codenames “Secret Squirrel” and “Deep Throat” attend meetings to inform the company of discussions by the board so it could amend its patent applications to ensure the patents covered the standard, Hynix said.

Infineon Technologies AG (IFX) had won a fraud trial against Rambus, only to have it thrown out by the U.S. Court of Appeals for the Federal Circuit, the same court that ruled in the Hynix decision. The companies later settled their dispute.

The U.S. Federal Trade Commission accused Rambus of plotting to obtain patents on industrywide standards so it could demand high royalty rates. A different appeals court threw out that case, saying the agency had taken “an aggressive interpretation of rather weak evidence.”

The FTC held hearings last year to look at the policies of standard-setting organizations, particularly as it applied to patents.

Documents Destroyed Rambus destroyed more than 2.7 million documents, including many related to its JEDEC activities. Rambus contends it was part of a regular effort to reduce clutter, while Hynix has argued that it was part of a litigation strategy to hide its actions at the standard-setting board.

Micron Technology Inc. (MU), which also was challenging Rambus patents, had won a ruling that the Rambus patents were unenforceable as punishment for document destruction conducted on “shred days” at the company; the judge in the Hynix case rejected similar arguments.

The Federal Circuit, the patent appeals court, ruled that Rambus violated its duty to preserve documents. It said the Micron judge failed to determine whether Rambus acted to gain an advantage in its efforts to force chipmakers to pay patent royalties.

The court set aside the judgment against Hynix and returned both cases to determine the appropriate penalty. The Hynix judge heard arguments on that issue on Dec. 16 in San Jose, California. Arguments in the Micron case were heard on Jan. 26 in federal court in Wilmington, Delaware.

The case is Hynix Semiconductor Inc. (000660) v. Rambus Inc., 11-549, U.S. Supreme Court.

To contact the reporter on this story: Susan Decker in Washington at sdecker1@bloomberg.net

To contact the editor responsible for this story: Michael Shepard at mshepard7@bloomberg.net





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From: hdl2/27/2012 4:28:33 PM
   of 93597
 
howard hughes will be replaced

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To: hdl who wrote (93511)2/27/2012 4:43:07 PM
From: Don Green
   of 93597
 
hdl

What will it take to accept defeat?

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To: Don Green who wrote (93512)2/27/2012 4:51:05 PM
From: hdl
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i already am reconciled that rmbs will not get 5% worldwide royalties, will not have triple digit pps before 2018, is limited by eu deal, has licensed over half the market for peanuts, won't get AT judgment reversed and a positive judgment for at least 2 years, has ifx broke, has elpida broke.

question is whether it is worth more than $8/share. it has revenues, earnings based on its current licenses-settlements. it should get monies on hynix judgment. it should get paid by others after it wins in itc and cafc.

it may move forward with xdr2, mobile xdr, a deal with sammy pursuant to an mou.

it has a deal with a cell-tablet company. even if it is rimm, maybe they will make money.

maybe announcement hughes is stepping down even before we know his successor is a good sign.

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To: hdl who wrote (93513)2/27/2012 5:13:01 PM
From: Don Green
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hdl

Isn't the real question why bother any longer. Do you think there is no better investment out there than Rambus?

Time to move on?

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To: Don Green who wrote (93514)2/28/2012 10:26:10 AM
From: hdl
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Rambus Inc.( NASDAQ:RMBS): BWS Financial believes Elpida Memory’s bankruptcy filing yesterday could pose challenges for Rambus since Elpida is a 10% customer. BWS thinks the bankruptcy filing, coupled with the retirement of Rambus CEO Harold Hughes, adds to the uncertainty surrounding Rambus. However, the firm keeps a Buy rating on the stock with a $23 price target.

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To: hdl who wrote (93515)2/28/2012 12:03:49 PM
From: Don Green
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However, the firm keeps a Buy rating on the stock with a $23 price target


That firm is obviously clueless or have options or leaps expiring around that level.

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To: Don Green who wrote (93516)3/2/2012 5:17:47 PM
From: hdl
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after today it may have to lower that target.

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To: Don Green who wrote (93516)3/2/2012 5:36:11 PM
From: Don Green
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ITC Administrative Judge Issues Initial Determination in Rambus MatterFinds no violation by Respondents of Section 337

Press Release: Rambus Inc. – 10 minutes ago


Rambus Inc.




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SUNNYVALE, Calif.--(BUSINESS WIRE)--

Rambus Inc. (Nasdaq: RMBS - News), one of the world's premier technology licensing companies, today announced it received notice that the Administrative Law Judge (ALJ) for its U.S. International Trade Commission (ITC) action against LSI Logic, MediaTek, ST Microelectronics and other Respondents has issued an Initial Determination. According to the notice, ALJ Theodore R. Essex found there to be no violation of Section 337 of the Tariff Act of 1930 for the patents in question. The action is Investigation Number 337-TA-753.

Rambus may request a full Commission review of the ALJ’s Initial Determination. If the Commission grants a petition for review, it may affirm, modify, reverse, set aside, or remand all or part of the ALJ’s decision in developing the ITC’s final determination.

“We have yet to receive the decision, but are disappointed with the initial determination of no violation,” said Thomas Lavelle, senior vice president and general counsel at Rambus. “We believe in the strength of our portfolio and remain committed to protecting our patented inventions from unlicensed use.”

In an earlier investigation, 337-TA-661, this same ALJ found that three Rambus patents also asserted in this investigation were valid, enforceable, and infringed by NVIDIA Corp. That determination was affirmed by the full Commission before NVIDIA and Rambus signed a patent license agreement.

History of the case: On December 1, 2010, Rambus filed a complaint with the ITC requesting an investigation pertaining to certain Respondent products. The complaint sought an exclusion order barring the importation, sale for importation, and sale after importation of products that infringe a number of Rambus patents from the Dally and Barth families. For the Dally patents, the accused semiconductor products from the aforementioned companies include ones that incorporate PCI Express, certain Serial ATA, certain Serial Attached SCSI (SAS), and DisplayPort interfaces. In the case of the Barth patents, the accused semiconductor products include ones that incorporate DDR, DDR2, DDR3, mobile DDR, LPDDR, LPDDR2, and GDDR3 memory controllers. Accused semiconductor products in the complaint include graphics processors, media processors, communications processors, chip sets and other logic integrated circuits (ICs). Since the investigation was instituted, Rambus has signed patent license agreements with former Respondents Broadcom, Freescale, and NVIDIA.



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From: hdl3/5/2012 9:12:21 AM
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despite negative itc decision, rmbs licenses medi tek. but market doesn't care.

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