Sunday, March 20, 2005

Empiricum's guest editorial - Back to the future

When Rambus was making a sales pitch in China last year, I discussed on the AOL Rambus board the pros and cons of Rambus doing business in the Chinese mainland. Also at that time, I offered the opinion that Rambus should also explore the possibilities of setting up camp in India amid intelligence reports that China and India are emerging super powers due to their emerging economies. [The Role of Emerging Markets in a Retirement Savings Plan.] Last week Rambus announced the establishment of its design center in Bangalore, India. Why Bangalore? Perhaps the reason is that Intel is already inside Bangalore [Jobs at Intel, India, Working and Living in Bangalore.] This further illustrates the strength of the business ties between Intel and Rambus that the Tabrizis of the world can only salivate.

Also last week, I mentioned in passing the word "pervasive" that I read elsewhere which truly made my jaw dropped. Here is the post in question:

*** 11 = RMBS's alleged SPOLIATION EFFORTS are so pervasive – although found to apply to other litigants – that they AFFECT RMBS's assertion of patent rights here = (MY EMPHASIS)*** [Yahoo! RMBS ]

That post prompted me to revisit and reexamine Judge Whyte's Order in question and this is what he said:

*** "...It is CONCEIVABLE that Rambus's (sic) alleged spoliation efforts, although found to apply to other litigants, are in fact so pervasive that they also affect Rambus's (sic) assertion of patent rights against Hynix to the extent Hynix contends that Rambus's (sic) misconduct constitutes spoliation efforts so pervasive that Hynix's equitable rights in the present litigation are affected, Hynix may properly allege the DISPUTED conduct in support of its unclean hands THEORY." (underscoring supplied)

The underscored words above clearly show that Judge Whyte did NOT categorically and unequivocally make a finding of "pervasiveness" contrary to the impressions made by the above-cited post in Yahoo!. Judge Whyte was simply supplying a reason for granting Hynix's motion to amend its complaint to include the unclean hands defense.

As regards the appointment of Bentley to the Board of Directors, certainly his credentials tend to prove that he is a good choice and fine addition to the governing body. However, I would have preferred receiving news from corporate headquarters regarding the hiring of a good PR person who can better attend to the needs of the shareholders and put all matters in their proper perspective for our guidance.

Have a nice weekend, everyone.

Empiricum

Note: ". . . the Tabrizis of the world can only salivate . . ." Farhad Tabrizi was a former Hynix executive who became infamous in the DRAM world for his call to end the INTEL / Rambus "domination." [Rambus.org - Independent site dedicated to delivering information about Rambus inc. - ARLTR ].

[DISCLAIMER and DISCLOSURES: The discussions contained above are NOT intended as investment and/or legal advice. Rather, they are for the evaluation and analysis of self-confessed Rambus, Inc., shareholders. The reader is strongly advised to conduct his / her own "due diligence" and / or consult a financial or legal advisor before acting on matters herein discussed. I am a Rambus shareholder since the year 2000 with a long term view on the company. This Forum is created solely on my own initiative and discretion and is NOT being pursued on behalf of Rambus, Inc., or any of its officers or directors, or for anyone for that matter.]

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