Whyte is an impartial judge, one who has said he will be sanctioning Rambus for spoliation in his anticipated ruling. He must also take into account rulings of other honorable judges such as Robinson and Essex, and ensure the sanction helps ensure that in the future organizations in Rambus' position understand that it is not worth the risk to destroy evidence.
Ramboids were certain Essex would side with them, I warned them he isn't their friend and that he will have to weigh the evidence and rule accordingly, and when he did rule they were all surprised despite my warning. Don't be surprised when Whyte reduces the money awarded to Rambus to almost nothing or else impose a dispositive sanction.
If Whyte does not impose a dispositive sanction, he will be alone in his defiance of the CAFC, as they have already sided with Robinson in this matter. Essex relied heavily on the CAFC remands to Whyte and Robinson in his lengthy opinion.
Judge Robinson made it very clear that evidence proved Rambus' spoliation was done in bad faith and prejudiced not only Micron, but all litigation targets including Hynix.
So, will Whyte apply the same rule of law in his sanctioning of Rambus and declare Rambus patents in suit unenforceable against Hynix? Robinson has already laid out why this is the only punishment which accomplishes the goals set by the CAFC on remand.
That would be the final nail in the coffin for Rambus, which makes this stock extremely dangerous for investors!
Judge Whyte is not going to stick his neck out for lying Rambus execs. IMHO there is a good reason he waited for Robinson to rule first, he has surely been in contact with her all along and will be using her ruling as justification for changing his own findings of fact. He has already said he would be sanctioning Rambus, and Robinson has made it clear the only sanction which satisfies the CAFC's orders on remand is a dispositive sanction.