Empiricum's Post Sunday Brunch Comments - Guest Editorial

During our Brunch yesterday, I made the following observations:

*** In the matter of the DOJ Motion To Intervene, it must be stressed at the outset that as of this very moment the motion and its supporting documents are not yet published. Thus, I must warn everyone that my discussion on this issue is based on speculation. Having due regard to the sensitive nature of the DOJ's DRAM Cartel investigations and respect for the presumption of innocence of people who may be the targets of these investigations, I must, therefore, proceed with caution on this issue. Be that as it may, I think it is safe to assume that the DOJ filed its motion in the Hynix case to discover the membership and purposes of the JRA group and the scope and details of its common defense documents. It may also be that, in the aftermath of Judge Payne's finding of "spoliation" on Rambus' part, the DOJ might also be interested in knowing what exactly are the specific, material and relevant acts of Rambus and the documents that it allegedly destroyed to see if they are relevant to their investigations, including, but not limited to obstruction of justice. I should note that Hynix also raised the "spoliation" issue before Judge Whyte.

***IF, and that's a BIG IF, the common defense documents contain in detail their litigation strategy against Rambus, and IF, again that's a BIG IF, that litigation strategy includes the hiring by the FTC a litigation specialist well-versed in the intellectual property field, particularly patent law, to specifically handle the prosecution of Rambus before the FTC, then dark clouds loom in the horizon for some people! Aside from its obvious implications, such act, IF that in fact is the case, is a manipulation of the judicial process and must be dealt with the full force of the law!

***It should also be noted that the DOJ filed a related motion to shorten the period of dealing with its motion to intervene. It seems like the DOJ wants the court to expedite the production of the documents being sought. After which, is the DOJ ready to present the matter to the grand jury sitting in San Francisco where the Cartel case is pending? Will the DOJ soon hand down its indictments which MAY include a "big fish"? Stay tuned.***

Late last night, I found the following which was posted at 8:51 p.m. Eastern on the Yahoo! Rambus message board. Note that my email was sent out around noon yesterday, Eastern time.

Yahoo!

After reading all the links provided in that post, shocking as they are, I did a quick research and analysis and this is what I found in the Hynix Docket:

*** 3/3/05 858 DECLARATION by Nathanael M. Cousins on behalf of United States in support of motion for protective order under Fed. R. Civ. P. 26(c) Limiting the Scope of Discovery [856-1], and motion to intervene [854-1] [5:00-cv-20905] (DOCUMENT PLACED UNDER SEAL) (dhm) [Edit date 03/03/05] ***

I do not need to make any inferences and present a conclusion to any of you regarding the above information as I am sure that you can draw your own conclusion(s).

Therefore, and the basis of the above information, I regret that I may be in error in my premises and conclusions on the matter. FOR JUSTICE'S SAKE, I WISH I WAS RIGHT! I urge each and everyone of you to disregard any statement I made concerning the DOJ in light of the information I furnish to you today.

I also urge TREOWTH to make this known in his Blogsite.

Thanks to all of you and when the proper time comes, I will make a follow up on this developing story.

Have a nice day, everyone.

Sincerely yours,

EMPIRICUM

[DISCLAIMER and DISCLOSURES: The discussions contained hereunder 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.]