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Rambus Inc. Message Board

  • gregory.lynn@rocketmail.com gregory.lynn Feb 2, 2013 12:14 PM Flag

    Unclean hands doctrine

    This is going to keep Rambus from ever seeing a dime for SDRAM or DDR including DDR2 & DDR3.

    According to Judge Robinson, Rambus' destruction of evidence was done with prejudice to ALL DRAM manufacturers. As a direct result, Micron et al were unable to subpeona evidence for their inequitable conduct defense.

    According to the doctrine of unclean hands, a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had "unclean hands," the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment.

    Too bad for investors they acted so unethically toward the entire industry, now they can't enforce any patents. This also means nobody will be lining up to sign license agreements going forward, and those licensed today will have no incentive to renew.

    Sentiment: Strong Sell

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    • The other replies were from Rambus' attorney (Stone) to Judge Whyte - this is too:

      "In Hynix III, this Court acknowledged that “collateral estoppel may be appropriate

      even when both actions that have been fully litigated.” Hynix III at 48 (emphasis added). But in

      this situation, where other key factors already support the denial of estoppel, efficiency concerns

      confirm that this Court should not defer to the Delaware Court. As noted above, the preclusion

      issue in Hynix III was different in important ways: the Court addressed the collateral estoppel

      effect of the Federal Circuit’s spoliation ruling in Micron II, in light of the Federal Circuit’s

      reversal of this Court’s prior finding of no spoliation. Id. at 47-48. Now, Hynix is seeking

      preclusion on the sanction issue on the basis of the Delaware Court’s decision, even though that

      court’s sanction determination was reversed in Micron II, and even though the Delaware Court

      has on remand reached a decision flatly inconsistent with Hynix III. There is simply no principled

      basis to set aside this Court’s own decision in these circumstances."

    • "The Federal Circuit emphasized that “dismissal is a ‘harsh sanction,’ to be imposed only in particularly egregious situations where ‘a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings.’” Id. at 1328 (citation omitted). “The presence of bad faith and prejudice, without more, do not justify the imposition of dispositive sanctions.” Id. at 1329. This Court held that a dispositive sanction would be inappropriate “given that Rambus’s patents otherwise are valid,” and given that “Rambus’s spoliation, while meeting the standards articulated above with respect to bad faith and prejudice, did not involve intentional destruction of particular damaging documents.” Hynix III at 64 (emphasis added). The Delaware Court, however, concluded that the criteria for a dispositive sanction were met and that there was no appropriate lesser sanction available. Micron III, as noted, expressly distinguished Hynix III on the ground that the two courts relied on different findings: “Judge Whyte’s decision is not binding on this court and, in any case, his findings of fact were different from those in the instant case.” Micron III at 38 n.25. Indeed, because this Court’s conflicting determinations are informed by the experience of having tried the substantive claims and defenses, casting aside those findings in favor of Micron III would be inefficient, unfair to Rambus, and multiply the Delaware Court’s errors."

    • "The issues of prejudice and sanction in the two cases are not identical. While the Delaware Court based its prejudice ruling and therefore its determination of sanction in substantial part on Micron’s inequitable conduct defense, Micron III at 34-37, 40, inequitable conduct is simply not at issue in this case because Hynix abandoned that defense long ago."

      Sentiment: Buy

      • 1 Reply to twobyte_bus
      • gregory.lynn@rocketmail.com gregory.lynn Mar 1, 2013 8:49 PM Flag

        But Whyte did rule bad faith spoliation regarding participation at JEDEC. You can't brush this off as insignificant, Rambus allegedly took information learned about technology being implemented in the JEDEC SDRAM standard, then resubmitted claims so that they would cover those standards. There are so many reasons why JEDEC related emails and documents could have proved Hynix's counter claims, but Rambus destroyed everything!!

    • "According to Judge Robinson, Rambus' destruction of evidence was done with prejudice to ALL DRAM manufacturers."

      Yet she could not site a single actual example. She only said they might have been able to find something that could have, maybe, helped them.

      What you dont seem to realise is that the District Court is the LOWEST FEDERAL COURT. There is no doubt her decision does not follow the CAFC remand on sanctions and therefore will not stand. It will take more time, but technolgy theives like Micron will have to pay in the end.

    • You are the dumbest and most desperete short i have ever seen!!! Shut up fool your embarassing!! Have you looked at rmbs's golden cross on the chart? Since your still short your dumb #$%$ must not have ,please gweeeeggggooooowwwwwyyyyy say you hav'nt looked at the charts!!!!!!!!!!!

      Sentiment: Strong Buy

 
RMBS
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