Vises and Anvils

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By japruf
December 2, 2005

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Some observations:

If today was some sort of manipulation or aberration, and not bad news, then I believe we will continue upward next week.

1. The date that many of us have dreaded, Dec. 15th, may turn out to be a day for GOOD NEWS because we may "officially" see the end of Payne and the Va/Samsung affair. If so, we may simultaneously see further evisceration of the FTC appeal. After all, what can they pin on Rambus without a corrupt judge to help them out. If they don't get help from Payne (or judge Whyte's ruling on spoliation) they are out of ammo just like their cohorts Hynix and Micron. There has been some confusion about whether Payne is neutered or not, but we will know for certain in less than two weeks. I think he's history when it comes to the Samsung matter. JMO

2. Judge Whyte is an expert on patents. He lives and breathes in the world of patent litigation. There is no way that he went into this case not knowing what has happened. He knows that Hynix stole Rambus's IP (Judge Ambler helped with the SJs), and he knows that the Amigos are confessed felons. He knows that the spoliation ploy is the last refuge of a drowning duck (ie. Hynix). He knows that the Arthur Anderson case reveals how much contempt the Supreme Court has for idiotic document destruction cases. He knows that Judge Payne is a crook. He knows that Rambus got screwed in Payne's court, and that felonious Samsung attempted to get a slice of that same pie. He also knows that politics is behind the FTC case and that the ALJ got it right, and that the appointed (ie. political) commission is trying to overcome his comprehensive ID. He also knows that judge Rader got it right in the Va 1 appeal. Judge Whyte knows all these things because he is interested in patent litigation and is up on all the goings on in the world of IP cases.

3. He also knows that these cases are stacking up in the courts and that the end results will be "insanely expensive". Why would he bring Micron lawyers in to discuss a settlement if he meant to negate Rambus patents? He wants true judicial economy. I believe he knew how this case was going to play out from the beginning. I believe he was out in front of this whole mess from the getgo. He knows that his courtroom is in the crosshairs of the battle for intellectual property rights in this country. His opinion could be under the judicial microscope for years to come.

4. Judge Whyte stated that he would get his opinion out as soon as possible after the FoFs were in. He's an honest man. Why haven't we heard from him? It's been several weeks. Some believe he is writing a bulletproof opinion and is being careful like McGuire. I agree, but also I think he has tipped his hand to Hynix and Rambus (and maybe the other infringers). I think he is trying to wrap this matter up without ratcheting up the litigation (ie. courtroom confrontation ad nauseum). As soon as the Amigos learn that every delay will cost them much more money they will be forced to capitulate.

5. There are vises in Whyte's courtroom, Kramer's courtroom, and in Delaware. The amigos heads are in those vises. As soon as Whyte disallows the spoliation defense the vises will tighten a notch. I believe that Whyte knows well the power he wields, and that he will ameliorate the pain that he must dispense, if the offending party will "see the light". Meanwhile, if Payne is gone ....another little twist. On Jan. 12th Judge Kramer could raise the stakes significantly if he releases those documents...that could be a full rotation. The amigos are in a world of hurt literally and figuratively. At six weeks out the vises will begin crushing the skulls of the amigos. I don't think they will be able to stand the pain.

6. When they look out into the future they will see the AT judge holding an anvil and barristor Crochett holding the judge's gavel. They will imagine the cranial pummeling they will receive there and in the press. They will imagine the shareholder lawsuits, and triple damages. And they will be afraid.

7. This week we saw another point of "inflection". It occurred in the publishing of the WSJ article and subsequent pieces by Reuters, Bloomberg, et al. Never underestimate the power of the media. Recent articles by TMF and today by Alexei in The Street.Com reveals how easy it is to screw up this complex tale, especially if you are a simpleton who refuses to do your homework. Ramboids can be of service by confronting misinformation at every turn. When this story is truthfully written, and one day it will be fully written, we should applaud as loudly as possible.


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