Hager / Currin on Rambus

I found the latest Hager/Currin report in my box - subscribing garners you insight on things other than Rambus too . . .

A comment by a dear friend followed mention in the report regarding Hager/Currin's thoughts regarding Rambus that "we are encouraged . . . " 

The comment was "they've been encouraged for awhile now . . ." Is that an understatement?

Yup, decade marker on the horizon. Seriously now would that be forward looking or in the rear view mirror?

There was a time when I said "baby needs new shoes". At this rate, it will be "grand baby needs new shoes". 

Rambus Inc., may I see your license, please

It is troubling to this shareholder of Rambus Inc. that despite a much ballyhooed patent portfolio and enough initiatives (Mobile Memory & Terabyte Bandwidth) to make a California ballot check its genealogy, that the licensing team at Rambus has failed to deliver.

At what point does the Board of Directors at Rambus require a change? 

Justice sailed on the Titanic

The long suffering Rambus Inc. shareholders would agree, but my thoughts this moment aren't on Rambus, they are on Senator Ted Stevens - more accurately, the former Senator from Alaska. 

The U.S. Justice Department has asked the federal court to dismiss its case against Ted Stevens - who was convicted of seven felony counts of corruption last fall. 

Grave prosecutorial misconduct led to the late term abortion by the U.S. Justice Department. It is too little and too late for Ted Stevens who lost his bid last fall for re-election by less than one percent . . . 

Judge Sullivan's refusal to merely accept things and the integrity of Attorney General Eric Holder rescued Ted Steven's, 85, from potential death in prison. Sadly, Senator Steven's Lady Justice died on election eve, November 2008.

Is Starbucks cheapening the brand?

Come January, the Subway sandwich chain will be testing Starbucks coffee at 1,900 locations.

Is this a sound long term strategy for Starbucks? Does Starbucks really want to be ubiquitous? What is next, partnering with Exxon or Shell?

What is Starbucks? Merely coffee? An experience? An attitude?

Is Starbucks diluting, cheapening, or simply redefining its brand?

I remember Krispy Kreme arriving in the Sacramento region. A media event. (Please, no snarky remarks about Sacramento.) Krispy Kreme donuts were The Thing to bring to work, meetings and parties. Fast forward and Krispy Kreme donuts could be found near the door at the grocery store and at the gas station. And then . . . Krispy Kreme disappeared from the Sacramento region.

Peter Schiff was right

No question about it, Mr. Schiff called the current economic crisis and was dished total disrespect for doing so. Amazing the buy recommendations made is this video by the experts who laugh at full volume at Mr. Schiff . . .

Competitive disadvantage

Hynix Semiconductors is on the ropes and Rambus Inc. investors want Judge Whyte to float like a butterfly and sting like a bee - a very big and nasty bee.

It has been months (June '08) since Judge Whyte heard oral arguments regarding Rambus's request that His Honor enjoin Hynix - the loser to Rambus of three phase trial - from selling infringing memory chips in the United States. 

There is no time like today for bringing out an early Thanksgiving feast for Rambus Inc.

Some pundits opine that Hynix would be at a competitive disadvantage if only its products were stopped at the border. Too bad. In the end, the rest of the cartel will face a similar fate.

Just yesterday, Judge Whyte found that Hynix, Micron and Samsung infringed on one claim of a Rambus patent in yet another pending trial. This trial is scheduled for January 2009 and relates to more recent generations of memory products. While Judge Whyte left Rambus's remaining claims in the January trial in the hands of the yet selected jury, one infringing claim is enough to seal the manufacturer's fates. 

Donkey's mail bag

8 Amazing Holes!

These holes are not only amazing, but some of them are really terrifying - especially #8!

The sheer scale of these holes reminds you of just how tiny you are. 

1. Kimberley Big Hole - South Africa

 

Apparently the largest ever hand-dug excavation in the world, this 1097 meter deep mine yielded

over 3 tons of diamonds before being closed in 1914.

2. Glory Hole - Monticello Dam, California

A glory hole is used when a dam is at full capacity and water needs to be drained from the reservoir

 

This is the 'Glory Hole' at Monticello dam, and it's the largest in the world of this type of spillway,

its size enabling it to consume 14,400 cubic feet of water every second.

3. Bingham Canyon Mine, Utah

 

This is supposedly the largest man-made excavation on earth.  Extraction began in 1863 and still continues today, the pit increasing in size constantly.  In its current state the hole is miles deep and 2.5 miles wide.

4. Great Blue Hole , Belize

 

This incredible geographical phenomenon known as a blue hole is situated 60 miles off the mainland of Belize . There are numerous blue holes around the world, but none as stunning as this one.

5. Mirny Diamond Mine , Serbia

 

This one is an absolute beast and holds the title of largest open diamond mine in the world. At 525 meters deep, with a top diameter of 1200 meters, there's even a no-fly zone above the hole due to a few helicopters having been sucked in.

6. Diavik Mine , Canada

 

The mine is so huge and the area so remote that it has its own airport with a runway large enough to accommodate a Boeing 737.  It looks equally cool when the surrounding water is frozen.

7. Sinkhole in Guatemala

 

These photos are of a sinkhole that occurred early this year in Guatemala .

The hole swallowed dozen homes and killed at least 3 people.

8. And the most terrifying one of all

  

This is the famous 'Rat Hole' that you have heard about.

It is capable of swallowing trillions and trillions of U.S. Dollars... Annually!

Never to be heard from again.

Populated with some of the world’s biggest A-holes  

I didn't see that coming. Did You?

The doctor is waiting

Simply written, the Republicans choked. W had the country behind him following 9/11. The Republicans had six years to make it happen. The list of wasted opportunity is mind-numbing. They failed. That is reality. Denying the illness only delays the cure.

Who is expected to suffer under the Obama administration? Those in the professional class and businesses just above struggling. Reality check - this same group is suffering now - their portfolios have taken a beating and their businesses have slipped to struggling or worse.

A thought provoking (long) opinion piece by George Packer at The New Yorker:

The New Liberalism: How the Economic Crisis Can Help Obama Redefine the Democrats, by George Packer

Concludes . . .

But November 4, 2008, is one of those infrequent dates when one historical age and one generation, with a distinct political and economic and cultural character, gave way to another age, another generation. The new era that is about to begin under President Obama will be more about public good than about private goods. The meal will be smaller, and have less interesting flavors, but it will be shared more fairly. The great American improvisation called democracy still bends along the curve of history. It has not yet finished astounding the world.

Verizon Wireless, service with a smile

After several calls to customer service, trips to the local Sprint store and more hours and frustration than I care to remember, I dumped Sprint. Why? Month after month I was charged for services I did not order and I was told were blocked from my account - per my request. Repeatedly, promises by Sprint employees were made that were not kept. I was a four phone account for more than six years. 

Fast forward. Now with Verizon, I am generally a happy customer. In less than a year, my daughter has had her phone replaced twice without a fuss or even a raised eyebrow. Yes, I pay for insurance. I did while with Sprint and suffered scorn when attempting to obtain simple repair service - not replacement.

I am only "generally a happy customer" because Verizon doesn't offer the iPhone and I would love to try it out . . . 

Investor Village boards

Have gone to the dogs, aka, politics.

The site is unable or unwilling to reign in the political posters. I will vote with my mouse and take leave of Investor Village for the remainder of the week in protest.

I have already voted (via mailed absentee ballot) and even if I hadn't, I would not be reading an investor board for political information.

There is hope for Rambus Inc. investors?

As evidenced by OJ Simpson.

Justice can be slow in arriving, but in the end, it arrived for OJ. More than fourteen years after the brutal deaths of Nicole Brown & Ronald Goldman, "The Juice" was convicted in Las Vegas on other charges and faces up to 60 years in prison.

Is justice for Rambus Inc. within a calendar page or two?

America needs a hero

Paging Warren Buffett.  

Paging Warren Buffett. 

Mr. Buffett, please pick up the red phone in the basement.

The US financial crisis is viral and may soon become pandemic. No nation is immune.

Warren Buffett is a revered investor and household name in America. Politics aside, no leader in America has the ability to instill confidence in the financial arena like Mr. Buffett - he has earned his credibility and literally, has capital to burn.

America, yes the world, desperately needs Mr. Buffett to make a financial statement. Not for profit, but for stability.

Mr. Buffett, please call Arnold Schwarzenegger, Governor of California. 

Tell Governor Schwarzenegger, that you believe in the honest, hardworking American people - even those in California. Invite Mr. Schwarzenegger to drop by and pick up a check for $7,000,000,000 - as a six month loan, at say 2.99%.

Mr. Buffett, here is an opportunity to make a statement - not just a profit. 

You can't take it with you, but you could be the hero that turns the financial markets face up again.

Main Street to Wall Street

My apologies . . . but it is what it is.

Working in the Historic District in Folsom, California, places my office near residences. As I walked out the door last evening I saw a neighbor in his garage, skill saw in hand. After pleasantries, he volunteered that his employer had laid off 1/2 of the workforce. He was still working, but about 75% time.

I asked him what he thought of the Bailout. I got an ear full. In short, the sign below summarizes his thoughts.

There is a serious disconnect in the minds of Main Street America and what Congress and President Bush et al. believe needs to be done for Wall Street. When Congress needs Pork to pass the Bailout bill, it isn't difficult to understand why.

Either Congress is selfish, stupid or economic Pearl Harbor really wasn't just across the reef. Perhaps, the three are not mutually exclusive?


 

Congress is squealing with delight!

They passed the Bailout Bill + Pork.

Piglet's heart grows warm as it is reaffirmed that looking out for #1 remains a priority in Washington D.C. . . and pork is a winner.

Stop the "Bailout"

Yesterday, I faxed my Congressman, Dan Lungren, who voted in favor of the initial Bailout. I asked him to not vote for the Bailout + Pork. If the Bailout is critical, why the Pork? 

This morning blogan called it like it is: 

I’m not an economist nor do I play one on TV. I offer no expert opinion on the credit crunch. All I know is what I see in congress.

In times of true national crisis, congress puts aside party politics and does what’s right for the country. In times of crisis, congress is filled with patriots, not politicians.

And congress, with economic advisers on staff who know stuff, is not acting as if we’re in a national crisis. Rather than pass the bailout bill last Friday, the House or Representatives postured and pontificated and pointed fingers and ultimately voted no. Pundits claimed the bill was unpopular. Popular opinion be damned — in serious times congress acts serious, and yet it didn’t. These must not be serious times.

This week, I see more political posturing. I see piles of pork. I see tons of tax cuts.

If a bill’s not worth passing without “incentives,” it’s not worth passing at all. Vote it down!

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Who impacted the direction of your life?

As I headed out the door this evening, I challenged my Peeps via Twitter to list three individuals not related to them who had made an impact in their life. Then I wondered who I would list and why?

Only three - that is too limiting. At the risk of offending all those not listed:

Elementary School:

Miss Achenson - taught me to read (not to spell, likely slaughtered her name).

Mr. Bobst - made learning fun.

Junior High:

Kevin Wasson - friend.

High school:

Fred Miller - provided opportunity.

Walt Pontynen - challenged me to challenge assumptions.

Frank K. Richardson - affirmed my education & career goals.

Undergraduate:

Wayne Judd - so many reasons. 

Wayne's Niece - made a couple years of school fun.

Rick Galer - friend.

Russ Squier - friend.

Wayne Koval - showed compassion and worthy of listing twice.

Graduate:

Wil Kramer - provided opportunity.

Bob Liston - provided opportunity.

Ordell Calkins - showed me an alternate path.

Francis Carr - showed me door number 2.

Robert K. Puglia - so many reasons.

John Latini - friend.

Don Fowler - friend.

The last 20 years are for another time.

Where are they now:

A couple I see regularly.

An email friend.

A friend who calls when it is an emergency.

A friend I'd like to see more often.

A friend who sends Christmas cards with photographs.

A friend who has drifted away.

Four deceased.

The rest have drifted out of my life without a trace.

 

Constitution Day

Pause, remember and celebrate citizenship. Some suggestions:

1) Observe a moment of silence for those serving in the armed forces. 

2) Register to vote. Help somebody else register. More information here.

3) Read the Constitution. Find a copy of the Constitution here.

4) Have a spot of tea with a friend or co-worker. Conserve in an English accent.

William Randolph Hearst advocated the creation of a day to celebrate citizenship in 1939. More about Constitution Day here.

Resisted snarky post about the current administration's apparent view of the Constitution. If that is what you are wanting to read today, visit The Progressive here.

ANWR is it time?

ANWR won't solve the problem and it will make some people mighty rich. Should that blind us to the very real benefit of the US being less dependent on foreign oil?

Judge Whyte to Samsung "See you September 22"

In a desperate attempt to escape the inevitable - now that the "Steinberg Defense" is no more, Samsung sought to dismiss claims against Rambus in one court and move them to another perhaps friendlier court or at a minimum, to delay.

The eternally patient Judge Ronald M. Whyte, denied Samsung's motion, stating that to grant Samsung's motion would be "enormously prejudicial to Rambus."

In determining whether to permit a plaintiff leave to amend under Rule 15, [p]rejudice to the opposing party is the most important factor." Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990). Such prejudice exists here. Samsung's motion comes with less than a month until trial. It is enormously prejudicial to Rambus to allow Samsung to dismiss its claims now and permit it to move this trial to state court and without the existing record already developed in the almost eight weeks of trial that occurred before this court in January. This will impose both an undue delay and substantial additional costs on Rambus. Accord AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 951 (9th Cir. 2006). Because the ample prejudice to Rambus justifies denying Samsung's motion to amend its complaint, the court does not reach the close questions of whether Samsung's motion is made in bad faith or with dilatory motive, which would provide separate grounds for denying a motion to amend a complaint. See, e.g., Moore v. Kayport Package Exp., Inc., 885 F.2d 531, 538 (9th Cir. 1989).

DATED: 9/5/2008
RONALD M. WHYTE
United States District Judge

Rambus Inc., knock, knock

Is the Public Relations Department on holiday?

That is the question shareholders have been asking with the continuing silence in Los Altos following the en blanc denial of rehearing the US Court of Appeals handed the FTC this week. The FTC and their persecution of Rambus Inc. that commenced in the summer of 2002 with the filing of an Administrative Complaint.

Rest assured, the PR gang lives and works:

Rambus Donates Computers to Palo Alto schools (8/28/08)

And earlier in the week Qimonda Volume Production of Rambus XDR™ DRAM (8/26/08)

The FTC denial? It's on the Rambus Inc. site -found on the litigation update page under the FTC tab. No press release. No public dancing in the streets. Maybe bargain pizza and Costco beer for the remaining troops following the announced downsizing? Judge Whyte, you read about that didn't you?

Perhaps somebody is telling Harold Hughes to gloat quietly and maybe the whole mess will just go away . . . lost in the presidential election and subsequent shaking.

Yup, it is time for change in Washington.