Firstly, way back prior to October 2004, Rambus filed a motion for discovery of relevant documents which in my view would have included all the documents in IFX's possession, including the documents in question. More than that, the court has already been previously advised by Rambus counsel of the existence of ADT, which is reported to be the mother organization of the JRA group. In fact, the court reportedly warned IFX counsel on his representations on the issue, which is now proven to be MISREPRESENTATIONS! Instead of sanctioning IFX and counsel for this in order to preserve and protect the INTEGRITY of his court, Judge Payne now denies Rambus' motion.
Secondly and again, recall the 11th hour disclosures by IFX of documents at the early stage of the trial in VA1. Despite that unreasonable and unjust delay, Judge Payne allowed the introduction of those documents!
And thirdly, Judge Payne becomes time-conscious now as a nonsense excuse for denying Rambus' motion. Yet, he let IFX consume the time of his court and taxpayers' money by retrying matters that the CAFC already effectively disposed of AND allowing IFX, without sanction, to introduce such issues as spoliation, CA 17200, litigation misconduct, etc., .... matters that are, IMHO, more relevant elsewhere!
IMHO, Judge Payne's ruling is not only a slap on Rambus but also on retired Judge Read Ambler, and, most importantly, on JUSTICE itself!!! While his ruling may be considered "interlocutory" and, therefore, not immediately appealable ... unless Judge Payne specifically indicated otherwise... it tends to defeat Rambus' own argument of "unclean hands" on the part of IFX and IFX's accusation of Rambus monopolization. This makes Rambus' motion relevant in this regard.
Secondly and again, recall the 11th hour disclosures by IFX of documents at the early stage of the trial in VA1. Despite that unreasonable and unjust delay, Judge Payne allowed the introduction of those documents!
And thirdly, Judge Payne becomes time-conscious now as a nonsense excuse for denying Rambus' motion. Yet, he let IFX consume the time of his court and taxpayers' money by retrying matters that the CAFC already effectively disposed of AND allowing IFX, without sanction, to introduce such issues as spoliation, CA 17200, litigation misconduct, etc., .... matters that are, IMHO, more relevant elsewhere!
IMHO, Judge Payne's ruling is not only a slap on Rambus but also on retired Judge Read Ambler, and, most importantly, on JUSTICE itself!!! While his ruling may be considered "interlocutory" and, therefore, not immediately appealable ... unless Judge Payne specifically indicated otherwise... it tends to defeat Rambus' own argument of "unclean hands" on the part of IFX and IFX's accusation of Rambus monopolization. This makes Rambus' motion relevant in this regard.
What happened to the legal principles of stare decisis, collateral estoppel and the constitutional guarantee of "full faith and credit" on court judgments? Has Judge Payne forgotten, wittingly or unwittingly, all these principles?!!
In summation, today's reported news development in VA highlights the unwholesome and undesirable result that comes when different courts adjudicate the same issues and stresses further my arguments that all these cases should have been consolidated from the very start.
JMHO . . . . .
Again, thank you all for coming to my Banquet. I trust that that seemingly elusive day when we will all be toasting and singing "Hallelujah" will come... soon!
Have a nice day, everyone.
Empiricum
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