Rambus, Micron and Hynix Patent Suits: It Ain't Over Yet
Lost in the current panic selling of Rambus are the actual facts ably set forth in the latest Seeking Alpha article. These facts are very important.
Rambus has not been helped by the evident depression of its executives in the conference call on the subject, and their refusal to offer substantive responses to analyst questions, claiming they don't want to "speculate". Really quite weak.
Investors and analysts really have a difficult time understanding the implications of complex litigation, especially so in this case. What was good for Rambus in this result is that before, they had NO CASE in Delaware against Micron, since it had been dismissed by the District Judge. Her ruling was not only REVERSED, it was criticized for its outright dismissal without any adequate record to support such a finding.
More important, the standard to justify such a severe sanction was clarified and is now extremely high, most likely impossible to meet in these circumstances.
Even better, the Appellate Court had the opportunity to invalidate Rambus' patents, but instead essentially affirmed most of them.
What's bad for Rambus is the reversal and remand of the California case against Hynix, because at a minimum there will now be much more delay in receiving the $400m they were initially awarded there.
So far, both Hynix and Micron have gotten away with stealing, using, and profiting from Rambus technology for more than a decade, and those on this board who focus on "shredding" are simply attempting to obscure this fundamental aspect. Some will say "justice delayed is justice denied", but the day of reckoning will come for these defendants.
Based on this, it sounds like the ruling wasn't all that unfavorable to Rambus. Yes, the appeals court ruled that Rambus destroyed documents, but it also *reversed* a ruling throwing out one of their lawsuits, holding that the patent can't be ruled unenforceable without evidence that Rambus deliberately got rid of evidence that would have hurt its case, and so far neither defendant has even pointed out any reason why the shredded documents would have made a difference in the case. It sounds to me like the lawsuits are very much alive, while the market has reacted as if Rambus was thrown out of court and had the door slammed shut and padlocked.
I admit that I don't know a whole lot about this, I just bought some calls for a technical bounce due to an extremely oversold condition on what sounds to me like an overreaction, and this article supports that view. The Delaware lawsuit was given new life after previously being dismissed, and based on the ruling it doesn't seem likely that Rambus will wind up completely empty-handed. Does this really justify a 30% crash? If so, why??