Thursday, January 05, 2006

Rambus marches on - Empiricum

In the wake of the thunderous and resounding Rambus victory yesterday, the courtrooms in Virginia, Delaware and Washington, D.C., were jolted upon formal receipt of Notice of the the decision by Judge Whyte. (Samsung v. Rambus update. and Micron v. Rambus update.)

In the case of Judge Payne, perhaps he is pondering on how, upon advice of counsel for Samsung, he might go around Judge Whyte's preemptive ruling --- in the same manner he did with respect to the CAFC's monumental ruling.

It is difficult to read Judge Kent Jordan's mind. Does he have any mixed feelings on the Whyte ruling? As he is also preempted by Judge Whyte's ruling, is Judge Jordan sending a thank you note for making his job easier?

In the case of the FTC complaint counsel, perhaps he had a good drink last night as his case is practically rendered moot and academic. Yes, indeed, the decisions of the district federal courts do have a binding, or in the minimum, a persuasive effect. CC might argue that the causes of action are different in the different venues. But that argument is a stretch! He should remember that Chief Judge Stephen McGuire himself has clearly ruled that there was no actionable or wrongful spoliation by Rambus --- a finding that Judge Whyte in essence just affirmed.

In sum, all the defenses forwarded and litigated by the 4 Amigos have crumbled like a house of cards and now we should see the domino effect. Yes, it is time for the Amigos to fold 'em.

Undoubtedly, Rambus cleared a major hurdle yesterday and will continue to march on to total victory, vindication and as Tabrizi feared "domination".

(n.b.: consistent with its bureaucratic manner of dealing with important matters, the FTC website contains no info on any Rambus filing yesterday or today: Docket No. 9302 - In the Matter of Rambus Incorporated)

One last note: it should emphasized that Whyte's Findings & Conclusions entered yesterday do not become final until after the 30th day.

***
Any Donkey adds: "Smells like . . . victory" - Thank you Mr. Duvall.

3 comments:

Empiricum said...

And I thank Any Donkey for his wonderful editing including his inclusion of images and sound effects on my articles. I salute you, Sir.

Now I am being tempted to do my long overdue Tarzan-like yell while pounding my chest. But humility and decency overcome me and my emotions. So I will reserve that for another day.

Yes, we, the Ramboids, have stood firm and hand in hand through thick and thin during the past 5 arduous and roller coaster years.

For my part, I am just happy that I was able to contribute in any small way possible to hold the fort, so to speak.

Now the coast is clear and time to say: FULL SPEED AHEAD!

Anonymous said...

Empiricum: Thank you for the kinds words and thank you for your valuable contribution to Treowth.

Long live the Ramboids.

Any Donkey

Empiricum said...

You are welcome, Any Donkey.
And I thank you for your appreciation of my pro bono contributions to Treowth. Did I say someone say that such contributions are tax deductible? ... So as to leave no doubt, let me just take this opportunity to advise our readership that I have unilaterally granted Treowth EXCLUSIVE rights to all my articles. (No, this is not equivalent to selling my soul to Dr. Donkey because Any Donkey is not just any donkey! The fact of the matter is that he is the only donkey I have met in person whom I have the good fortune of acquainting with in the internet.)

Next topic: The relevance of the Book of Revelation to present times. This is my millennium special. Come and join my Lecture Series. It's free and it's available exclusively here on Treowth. See you then.

 
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