Tuesday, May 17, 2011

Ravicher on Rambus

From a piece by Dan Ravicher on seekingalpha:

The critical issue now is how badly Rambus will be punished by the California and Delaware courts for destroying documents. On that, it's interesting to note that two of the five Judges on the Court of Appeals dissented from the Hynix decision, saying they completely agree with the California Judge's finding that Rambus never did anything wrong (I personally agree with those two Judges). Regardless, the majority found Rambus did commit spoliation and that may result in the California court giving some type of punishment to Rambus, but it will not likely derail its ultimately receiving a favorable infringement decision. The Delaware court may still issue the death penalty against Rambus, but that's not certain, and the Judge will have to find a greater basis for doing so than she did before. So, again, the net news today wasn't all that bad for Rambus. The Court of Appeals could have agreed completely with the Delaware judge and said it was proper to dismiss Rambus' cases. It didn't say that, and so Rambus still will have its day in court.

The story ends:

Micron was wise to sue in Delaware. Rambus will be wise to do everything it can to make sure all of its future cases are in California, which-- quite notably-- is where the company's antitrust trial will soon be taking place.

Only one thing's for sure, this story isn't over yet and I'm staying long RMBS.


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