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Rambus Inc. Message Board

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  • scaarb77 scaarb77 Sep 26, 2011 3:56 PM Flag

    Almost 2 full days with no verdict

    There are 12 people and they all have their opinions. Im sure not everyone is going to agree right away.
    Theory would have it, that the more time spend would be due to the warranted or actual damages.
    4b is what Rambus is asking and a reasonable amount the jury believes, is why there was a trail.

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    • As a former federal law clerk, who clerked for 2 separate federal judges I personally handled and oversaw at least 150 jury trials over 7 years......that is, I was the 'bailiff' who herded the jury back and forth every day, I helped the judges handle jury questions during deliberations, etc. In a word, I have personal and meaningful experience with jurors and their behavior.

      Some observations as this trial's deliberations continue to wear on. First, this trial took months, most juries are not going to come back with a quick verdict no matter what because they've been waiting x months to get into that room and play sherriff. I would expect at least 4 or 5 days at minium, and would not be shocked by up to 10 days or more.

      Second, sometimes the 'written jury questions' (if any) will speak volumes on where they are focusing. In this case for example, if they asked questions about liability vs. non-liability--look out RMBS. If they ask questions about computation of damages or if they ask for "readback of the transcripts" on testimony relating to damages: look out defendants. These questions are placed in writing, are usually hand written by the foreman, and 'sent out' to the judge. The judge then marshalls the counsel from both sides, agrees to how the judge will handle the question, and makes a record (outside the presence of the jury). Then, the judge has the jury out in open court with everyone presence and 'answers' their question, or the court reporter will verbally 'read back' the portion of the transcript(s) the jury inquired on. Jury questions are not mandatory. And not frequent. Case this size you might have 0 to 3 or maybe the most I've ever seen is 6 or 8. Keep an eye out for those questions--that could impact settlement(s) strategies for both sides.

      Third, being on an multi-billion dollar jury is something that doesnt happen every day. Some of these jurors might want to 'cash in' on their juror role after the verdict. E.G. go on the Today Show, or CNN or CNBC....write a book, who knows. That concept in and of itself favors a large verdict no matter how long it takes.

      Fourth-- whomever the moron who referenced a "Hung Jury"-- there are no hung juries in civil trials. Only criminal trials. Rambus either wins or they lose. Nothing in between.

      I have held this stock since 1999 through thick and thin because as a federal attorney who witness the Qualcomm EXPLOSION in November 1998 when they finally won their patent litigation-- the QCOM stock went up 29-fold in less than 18 months. click here to see the QCOM upside that occurred (all because of their litigation win):

      http://finance.yahoo.com/echarts?s=QCOM+Interactive#chart2:symbol=qcom;range=my;indicator=volume;charttype=line;crosshair=on;ohlcvalues=0;logscale=on;source=undefined


      While I'm not suggesting RMBS is QCOM-- RMBS current situation is substantially similar in some ways....and different in others. No, this is not a 'recurring revenue' potential win (like QCOM on their CDMA patents), but if we get any remote sort of QCOM like bounce, sky is the limit. Then, later in this decade, if RMBS 'wins' on their patents-in-suit--then we can complete the QCOM move to the upside.

      You see--after QCOM 'won' their patent case(s) (like RMBS, took over 10 years) the stock could finally be 'owned' by mutual fund managers and other mainstream buy side funds.

      Right now RMBS is not in that basket. If we can get over to that side of the world--this stock going much much higher. If RMBS loses, of course, game over, $4 per share or less, and then we wait again, for years, for the next verdict and hope we win.

      Cheers

    • I agree Damages will take longer to agree on.
      When even just 1 Juror does not agree, you have to go over the pros/cons or maybe even review back statements. Juror's may repeat this Several times and each time take another vote.

      This could be one of the BIGGEST money cases in CA to be decided on. I am sure when your talking Billions it makes one go over it like a fine tooth comb....

 
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