Hynix v Rambus (San Jose, CA) Update

A very brief and incomplete history:

Hynix did not want to pay Rambus royalties. Striking first, Hynix filed a complaint (lawsuit) against Rambus alleging that Rambus had:

Committed anti-trust violations;

Violated California Business & Professions Code §17200;

Was in breach of contract;

Committed fraud; and

Requested a declaratory judgment of noninfringement, invalidity and unenforceability as to 11 of Rambus’s patents. (A declaratory judgment is a method of determining legal rights. Rambus had not sued Hynix. Hynix was not willing to wait around for Rambus to sue, so it asked the court to make the aforementioned declaratory judgments in its favor.)

Somewhere along the timeline, Hynix amended its complaint.

Rambus answered Hynix’s complaint and amended complaint and counterclaimed against Hynix alleging that Hynix had infringed on 11 of Rambus’s patents.

Now Hynix wants to add more to its complaint and more to its reply to Rambus’s counterclaim.

The end result of Judge Whyte’s order of 3/7/05 is that Hynix can add to its complaint a request for declaratory judgment that Rambus has unclean hands.

Further, Hynix can add to its reply to Rambus’s counterclaim of infringement the defense that Rambus has unclean hands as to the 11 patents-in-suit.

Judge Whyte stated that Rambus’s request that the defense claim of “unclean hands be limited to the patent trial appeared appropriate, but a final ruling on this request is deferred pending further proceedings on the spoliation issue before the court.”

In Donkey Speak . . . Hynix can add “unclean hands” to its declaratory portion of its lawsuit. If unclean hands are proven, the sanction against Rambus has not been determined. Hynix can add “unclean hands” as a defense (get out of jail free or cheap card) to the patent trial. If unclean hands are proven, the sanction against Rambus has not been determined. Hynix may be allowed to add “unclean hands” to the conduct trial - this is up in the air.

Stay tuned.

Hat tip to usjeff.com for the Hynix docket with document links.

Hat tip to rambus.org for the link to usjeff.com.