When RDRAM failed, Rambus decided to sue memory manufactuers for alleged patent infringement, but very carefully plotted when and where to do so.
Prior to and during the early stages of their planned litigation, they held several shred days where employees were specifically told to keep only records which proved ownership of patents. Email backups, hard drives, and literally tons of paper documents were destroyed, and to make light of the situation Rambus even gave one of these events a very cute name, they called it a "shred party". Who doesn't like parties?
The very fact that they had a legal right to these patents was in question, they attended JEDEC meetings where standards were set and then re-filed patents in order to broaden their scope to include new memory architectures which were discussed in these meetings.
Rambus signed an agreement which clearly stated that they would not attempt to patent the very same technology which they ensured would be included into the SDRAM standard.
Every bit of evidence which could have proven the defendants argument that Rambus acted improperly at JEDEC was destroyed. Not only that, but they had outside firms destroy draft versions of patent filings.
There is evidence of these findings of fact, read the appeals court ruling here:
You were so very wrong about the AT case, what makes you think you are right this time??
Rambus broke the law, and HJR busted them, you are just upset that they got caught and believe they deserve to be let off the hook because you have a lot of money invested in RMBS.
You are in for a rude awakening, again.. too bad you learned nothing from your past mistakes.
Idiot you have yet to post anything of value to add to the discussion.
Rambus is a company run by liars and thieves, and you are a hopeless loser who is going to regret not paying attention to my warnings.
You're missing some important points.
First, the CAFC said that redundant document
destruction was NOT prejudicial. Moreover,
the San Jose federal judge (Ronald M. Whyte)
said that the documents that Rambus destroyed
(and almost all companies destroy documents
consistent with their document retention policies)
were indeed redundant. Check here:
Here's the CAFC on May 13, 2011:
<<On the other hand, because it is not clear
what documents were destroyed, it may be, as
Rambus argues, that all the documents destroyed
were either redundant or irrelevant to the trial.>>
Judge Whyte has already said this in his original ruling:
<< As noted, which party bears the burden on the prejudice element of unclean
hands depends on whether bad faith is shown. Because the Court finds that Rambus did not act in
bad faith, Hynix properly bears the burden. But even if Rambus bore the burden to disprove
prejudice, it met that burden here. There are two fundamental problems with Hynix’s theories of
prejudice. The first is structural; the legal standards governing Hynix’s defenses make the
universe of internal Rambus documents that are relevant exceedingly narrow. This is true of
Hynix’s patent-related defenses, its abandoned inequitable conduct defense, and its JEDECrelated
defenses. Second, although Hynix has made a showing that Rambus destroyed some relevant documents,
the evidence demonstrated that Rambus has produced to Hynix a large volume of relevant and material
documents. According to the testimony of Hynix’s counsel, Rambus has produced approximately
1.2 million pages of documents responsive to Hynix’s discovery requests in this case. As to each
category of documents for which Hynix claimed material prejudice, Rambus established that
adequate similar and material documents or classes of documents were not destroyed. Hynix’s
substantial rights were not affected.>>
Prejudice is the second prong that's necessary for the "least onerous sanction."
How would HJW know what was destroyed, and if it was redundant or not?
Rambus did not keep a record of what was destroyed, in other words you literally would need to take their word for it, and we know that their word isn't worth much.
Also, a lot of evidence has been uncovered since HJW made his ruling, which was rejected by the CAFC.
HJR is going to rule as she sees fit, and she saw fit to rule that Rambus acted in bad faith previously, and could easily rule along the same lines again on 1/26/12. If she does you can rest assured she will be careful to be specific about what evidence on record proves bad faith and prejudice.
It is my understanding that HJW is now waiting for HJR to rule. If that is true, he may simply accept her ruling instead of ruling seperately.
And why is it that Ramboids always believe the least onerous sanction means that Rambus gets away free and clear??
I say let the punishment fit the crime, Rambus patents should be ruled unenforceable by HJR, again.
Mystik is going to get pwned, just like the other longs who used to pump here all day long, where did those guys go anyhow? Too ashamed to come back I suppose after pumping non-stop only to watch this POS drop like a rock from 18 after the verdict in the AT case.