Tuesday, August 22, 2006

Rambus Inc., Justice delayed, yet again


In the year 2000 Hynix challenged Rambus to a fight. Six years later, Rambus has won two rounds of a three round match. On the eve of the third round the fighters have been sent back to their locker rooms, not to return to the ring for round three in Judge Whyte's courtroom for maybe six months.

Justice delayed is justice denied. The system of justice is broken.

Perhaps, come February 2007, maybe sooner if the Federal Trade Commission can get off its collective backside and fashion a remedy earlier, Hynix and Rambus will appear in Judge Whyte's courtroom and receive a trial date - weeks, months in the future. Maybe . . . .

Maybe, the FTC will concoct a remedy that is entirely unsatisfactory to Rambus? Maybe? Is this the same FTC which commenced its action against Rambus at the behest of Micron, an admitted price-fixing DRAM conspirator? Is this the same FTC that took two and one half years to ignore a 348 page (public version) initial decision of an Administrative Law Judge?

An unsatisfactory remedy leaves Rambus with little choice but to appeal the Commission's reversal of the ALJ to a "real court" with "real judges".

Then what? Does Rambus ask the Honorable Judge Whyte to stay round three until its appeal has been heard, providing Rambus with the opportunity to avoid tainting round three with Commissioner Harbour's opinion In the Matter of Rambus, Inc. Docket No. 9302?

Yes? Add two years. The inevitable appeal to the U.S. Supreme Court? Add ten months.

In the year 2010, maybe, the fighters return to the courtroom of the Honorable Judge Whyte for the third round.

But then, justice delayed is justice denied.

The system is broken, let me count the ways . . . .

1 comment:

Threejack said...

Amen, my brother.

Is Justice delayed because the court is overburdened and looks for any legal excuse to achieve scheduling relief, or is Justice delayed because the Rambus case is sufficiently thorny and holds complex implications, some well understood but some yet defined, for a myriad of vested parties? I think the latter.

Hope you are wrong about the timeline.

Threejack

 
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