Payne-free zone ahead

Rambus to Samsung . . . Our lawyers are smarter than your lawyers . . . so take that!

I am guessing that Samsung lawyers are still whimpering from the day of failed negotiations where John Danforth, Rambus General Counsel, whipped out his cell phone, phoned a friend and asked him to file a complaint against Samsung in the near holy land of California, home of the Honorable Judge Whyte.

Now add this to Samsung's woes - today, Rambus lawyers pulled a moose out of a hat (noose from around Rambus' neck?) by filing a Covenant Not To Sue Samsung on the two remaining patents in suit on Judge Payne's docket.

Say goodbye to Virginia, we are going to California!

Okay, it is a little premature to celebrate. Samsung will likely amend its complaint and this time attempt to bring patents in suit in California to the Honorable Judge Payne's lair** reserved for all things Rambus.

I am going to go out on a limb here, but I don't believe that Samsung is Lazarus, nor do I believe that the Honorable Judge Payne is JC. If Samsung requests a resurrection in Virginia, it is high time, in this blogger's opinion, for Judge Payne to recuse himself.

Public perception of the availability of justice for Rambus in the Honorable Judge Payne's court is near nonexistent in many quarters.

Let me get the ball rolling . . . (Yes, it is Virginia State law and not federal law, but this is the manner in which the fine citizens of Virginia believe things should be handled.)

Whether a trial judge should recuse himself or herself involves the exercise of discretion. Motley, 260 Va. at 262.

In exercising his discretion in this regard, the judge must be guided not only by the true state of his impartiality, but also by the public perception of his fairness, in order that public confidence in the integrity of the judiciary may be maintained. Stamper, 228 Va. at 714.

[I]t is the public's perception of bias, not a litigant's personal perception, that a judge must consider when determining whether recusal is necessary to preserve the integrity of the judicial system. Scott v. Rutherford, 30 Va. App. 176, 190.

Hat tip to the current batch of legal eagles serving Rambus who are earning mountains of cash and giving Ramboids hope.

**Lair: a portion of a burying ground affording space sufficient for one or more graves.