Tuesday, March 20, 2007

Rambus Inc. - "sufficient chance"

The ConsortiumInfo.org (Standard Blog) which is not a fan boy of Rambus Inc., weighs in on the FTC's partial stay of its remedy regarding Rambus Inc. (emphasis added):

While the Commissioners called their decision "a difficult one" in the Conclusion of the Order, in fact the partial stay was not contested by the FTC's own Complaint Counsel, presumably because he believed the relief sought by Rambus to be reasonable under the FTC's own Rules of Practice and Procedure (16 C.F.R. Section 3.56(c)). Under that rule, the party asking for relief must address the following four factors:

1. The likelihood that the applicant will succeed on appeal

2. That it would suffer "irreparable harm" if the stay is not granted

3. The degree of injury that other parties would suffer if the stay is granted

4. Why the stay is in the public interest.
As it happens, the first factor is rather easily addressed, given that there is precedent that the mere fact that "a complex factual record" is involved is sufficient to give rise to a sufficient chance that another court may come out differently.
The balance of the post is an interesting read at ConsortiumInfo.org.

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