Delays may cost Rambus Judge Whyte

Ramboids, disillusioned for years by Judge Payne have been hanging their hopes on the skills (some also add "integrity") of Judge Ronald M. Whyte. They believe that at the end of the day, Rambus' vindication (and payday) will be ushered in by Judge Whyte in his courtroom in San Jose, California.

Now that hope is less certain. Not because the legal or factual issues have turned against Rambus. Rather, the very reason Rambus wants (needs) Judge Whyte is the reason they may not have him - at least for long.

There is a move afoot by the patent bar to have Judge Whyte appointed to the Federal Circuit U.S. Court of Appeals (CAFC) in Washington D.C. Although there is not currently an opening on the CAFC bench, rumor has it that one or more judges on that bench will be moving to senior status later this year. Also, Bush may select a member of the CAFC to fill the vacancy on the U.S. Supreme Court created by the retirement of Sandra Day O'Connor.

Reportedly joining the patent bar in lobbying for Judge Whyte are the technology companies Apple Computer Inc., Genentech Inc., Intel Corp. and Oracle Corp.

If the campaign to have Judge Whyte appointed to CAFC gains momentum and is successful, delays in Rambus' litigation currently being heard in Judge Whyte's courtroom could result in another judge ultimately banging down her or his gavel.

William E. Gladstone opined "Justice delayed is justice denied".

Ramboids fear that delays may truly result in justice being denied.

It is time for the Rambus legal team to fear the calendar . . .

Photo credit- Lewis and Clark College.