Trick or Treat

Crumb!

Halloween is over and the market is swamped with smoke machines and mirrors - Samsung is grabbing them by the truck load.

The Amigos, hiding under the skirts of Samsung, have received an invitation from the Honorable Robert E. Payne to set up a fun house in his court room.

Samsung, thinly disguised as a request for fees and costs, is really on a quest for something in writing from Judge Payne that it might be able to morph into a prevailing party and collateral estoppel.

Please check your candy carefully.

His Honor orders:

1) No more discovery on the issue of spoliation and unclean hands.

2) Rambus v. Infineon record of February - 21 through February 25, 2005, including all testimony and exhibits introduced shall be part of Samsung v. Rambus record.

3) All exhibits offered in Rambus v. Infineon (whether accepted or not), the Final Pretrial Conference transcript shall be part of the Samsung v. Rambus record.

4) Parties to brief on whether this is an "exceptional" case as follows:

11/11/05 Samsung

12/5/05 Rambus

12/9/05 Samsung reply

12/15/05 Rambus reply


On November 22, 2005, Samsung to file its petition for attorney's fees and cost with supporting documentation and its why it is a "prevailing party" and the reasonableness of its fees and costs.

On December 5, 2005, Rambus to file its objections.

By December 9, 2005, Samsung to file its reply.

Read Judge Payne's order at Rambus.com linked here.