Thursday, August 03, 2006

Rambus Inc.'s tough week continues

The Honorable Judge Whyte denied Rambus's motion to withdraw its request for a jury trial in Phase III of its litigation with Hynix.

In short, Rambus asked for a jury trial when it filed its counterclaims. Hynix asserted that Rambus may not now unilaterally dump the jury. Hynix wants a jury.

Rambus claims that Hynix does not have a valid claim for damages and as such, all that remains is equitable relief which is the sole domain of the judge.

Judge Whyte disagreed with Rambus and found that Hynix's claim for damages in the form of attorneys' fees and costs are a question of fact for a jury.

Also, any further discovery regarding Hynix's legal fees and costs will be at Rambus's convenience and any deposition and copying costs (not attorney's fees) at Hynix's expense.

In his usual thorough manner, Judge Whyte analyzed and ordered. Read His Honor's ten pager linked here.

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