Yesterday's case developments and arguments made by counsel in Richmond, VA, and San Jose, CA, further illustrate the waiting game being played right before the eyes of seemingly unsuspecting presiding judges.
Obviously, Rambus wants Judge Whyte to adjudicate all remaining issues and render his final judgment well ahead of Judge Payne's. But Hynix keeps filing dilatory motions and objections to forestall Rambus' objectives. Unfortunately, Judge Whyte grants and hears Hynix's motions and objections. Rambus SHOULD unequivocally manifest to Judge Whyte that Hynix's strategy is simply to wait out for the predictably anti-Rambus ruling of Judge Payne in order to contaminate the case in San Jose. Ordinarily, a court will not act and rule on its own motion in such situation. Therefore, counsel Stone should advise the court on the matter.
On the other hand, Samsung seems to have put the VA case on a fast track with the tacit approval of Judge Payne. Luckily for Rambus, Judge Payne forgot yesterday to don his Zeus outfit and left his thunderbolt at home. This gives Rambus the much-needed break and also gives Judge Whyte enough time to practice and perfect his culinary art and come up with his "omelet II" -- to the delight of Rambus 'banqueters" -- and feast to the tune of "Whyte Christmas" by Vic Damone !
It has, therefore, become obvious (at least to this writer) that the litigants have simply been playing chess match during the past months. But Rambus' Roy Lopez' opening seems to be ineffective to the cartel's Sicilian Defense encrypted in their JRA documents. Counsel Gregory Stone needs to be even more aggressive with his game. Perhaps he needs a few gambits! And the cartel might take the bait.
Friday, December 16, 2005
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As a footnote to my preceding post, and in light of reports that the clerk's office of Judge Ronald Whyte is getting swamped with unncessary and sometimes obnoxious telephone calls by fanatical Rambus "investors" eager to make a fast buck by trying to get ahead of the news of the anticipated court ruling, I would like to weigh in and reiterate the judge's request to Rambus counsel and my fellow investors to cease and desist from making such phone calls. If anything, such "over-eagernes" will only infuriate the judge! Have we not learned our lessons yet with Judge Payne whose clerk experienced the same thing a few years back? Please let us all use our common sense here: the clerk will not give any tip to anyone, including counsel. When the ruling is made, the Order or Judgment will be entered by the Clerk and it will be only at that time will counsel be notified. Thank you for listening.
By the same token, and in the interest of justice, I would like to urge Judge Ronald Whyte and his Clerk to recognize the possibility that there may be some "saboteurs" who may be falsely claiming themselves as "Rambus investors" and acting obnoxiously only to irritate him so that he will rule negatively against Rambus. Be that as it may, I am confident that the honorable judge will rule according to the merits of the case and not be influenced by outside forces.
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