Court Decision Favors Rambus 129
RoscoeP writes "This story from News.com: "A federal judge has overturned two counts of fraud against chip designer Rambus...". At least Rambus can't pursue litigation against Infineon for SDRAM though." See our previous stories about Rambus for far-too-much background.
The court favors Rambus... (Score:4, Funny)
Re:The court favors Rambus... (Score:2)
Re:The court favors Rambus... (Score:2)
(None of this even gets into comp.sys.ibm.pc.hardware.chips as a technical newsgroup for discussing the merits of different processors, chipsets, etc., as opposed to a stock board...)
OK I'll bite. As a long-time "AMDroid"... (Score:1)
I have, on several occasions, detailed how AMD has licensed, cloned, or otherwise second-sourced every chip Intel's ever built, usually with better yields - which means better speed, better reliability, and LOWER PRICES for what are essentially the same chips.
That's not just the CPUs, either. That's UVEPROM, EEPROM, peripheral chips, and Intel's entire line.
But Intel has extravagant multimedia ads which lie out their ass, as well as, of course, dancers in bunny suits, so they get brand recognition (sorta like Micro$oft) and AMD must suck, right?
WRONG! AMD has people in bunny suits, too, only they're busy burning silicon instead of dancing on your TV. This savings allows them to bring you their product at lower prices.
And RamBus? RamBus should just cash it in, retire, and get out of the market before someone else sues the remaining snot out of them.
Re:OK I'll bite. As a long-time "AMDroid"... (Score:1)
I'm on a tbird right now with ddr and I agree that RDRAM bites, but there is a via chipset that allows you to use ddr with a pentium 3. DDR rocks but it isn't amds only.
Re:OK I'll bite. As a long-time "AMDroid"... (Score:1)
Re:OK I'll bite. As a long-time "AMDroid"... (Score:1)
Re:OK I'll bite. As a long-time "AMDroid"... (Score:1)
Oh, no way! My comment was aimed towards the described induhvidual, and mostly at the general "Intel Inside" mentality. While I can't track him down and flame him directly, this is as good a forum as any to rant in. I hope _you_ don't get the impression that I'm less than proud to be an AMD customer.
I guess I _did_ kinda go off, didn't I. It's not as if anybody blasted you or the others who were calling the RDRAM fans zealots. I should probably go over to the fool and foam at the mouth there for a while...
Re:The court favors Rambus... (Score:2)
Re:The court favors Rambus... (Score:2)
Re:The court favors Rambus... (Score:1)
Dancin Santa
HOT! The Shareholder Suit Against Rambus (Score:3, Interesting)
Just up on Yahoo news: Shareholder suit [yahoo.com] filed in US District Court of Northern California on charges of fraud in representing their patents on SDRAM.
There's some serious blood in the water here. Could this be the beginning of the end?
Re:Great! (Score:4, Interesting)
More Information (Score:2, Informative)
Check out The Inquirer [theinquirer.net] for more information. They said the court makes no difference to the patent infringement case.
This isn't a surprise. (Score:2)
Re:This isn't a surprise. Um... (Score:2, Interesting)
Re:This isn't a surprise. Um... (Score:2)
So it is quite likely that, upon reading the EU judge's decision, that Robert E. Payne applied similar logic to the case over here.
Re:This isn't a surprise. Um... (Score:1)
Re:This isn't a surprise. Um... (Score:2)
Re:This isn't a surprise. Um... (Score:1)
Re:This isn't a surprise. Um... (Score:1)
Re:This isn't a surprise. Um... (Score:1)
Judge's Angle (Score:1)
Maskirovka
Call me a cynic, and I'll take it as a complement.
wait for the appeal of the appeal... (Score:1)
Greater than, less than (Score:3, Insightful)
Re:Greater than, less than (Score:2, Informative)
Typically, punitive damages are greater than legal fees (Think McDonald's being forced to pay $5M for serving hot coffee), but in very high profile/technical cases like this, this kind of reversal isn't that uncommon.
Re:Greater than, less than (Score:1)
The way I read it, RAMBUS owes 10.6 million. Which means that if their funding has become limited and their now out $10 million, I suspect that even its royalties would keep it in business for very long, especially when they're not selling their principle product.
So the rest of the world continues to enjoy dirt cheap SDRAM while RAMBUS pays for trying to rip off the little guys.
tim
Re:Greater than, less than (Score:3, Insightful)
Re:Greater than, less than (Score:2)
Let's assume for the sake of arguement that Rambus does get royalties from DDR, one could easily assume that the entire memory industry would get togethor, kick Rambus out of their commities, and form a new royalty free standard and refuse to allow Rambus to make it.
It's still a "short term" move. After DDR RAM is no longer viable (and I'm willing to bet that won't be long), Rambus is screwed. It's not good business sense to piss off an entire industry that has no reason to listen to you anymore.
Re:Greater than, less than (Score:2)
in the first year alone,plus royalties for anything sold to date, would make the executives at rambus very wealthy, and thats what its all about to those people.
Re:Greater than, less than (Score:2)
Oh, to be an Infineon lawyer for a day...
Haha (Score:1)
"Court Decision Flavors Rambus"
mmmm, Rambus
This is awful. (Score:4, Interesting)
Aside - if it had been a DMCA violation, we would have been executing^H^H^H^H^H^H^H^H^Hprosecuting employees by now.
In my mind, at least, it's going to be very hard to maintain that their patents are bogus if they are not fraudulent. I don't know much about how our appeals system works (never had to use it, thank gods) but I expect that the higher court to whom they appeal cannot effectively re-open the investigation of fraud without Infineon also appealing.
That means the next case is (probably) going to go like this:
These your patents? Yup. This their RAM? Yup. Pay 'em. Case closed.
AFAIK there is no viable way for the court to assert anything else without a _major_ break from precedent.
Remember, though. IANAL. I really hope I'm wrong.
Re:This is awful. (Score:2)
Doesn't work that way, thankfully. Their patents can still be held illegitimate. Only the fraud charge was overturned, and fraud is a much more serious issue (and much harder to prove) than simple filing of an invalid patent. Fraud requires knowledge that the patent was false, as well as intent to obtain money thereby, as well as goodness knows how many other additional legal hurdles, whereas patent invalidity simply requires that the court determines that the patents were granted erroneously, with no question of intent or motive.
As an analogy to the courtroom scenario you describe, suppose I am in posession of some stolen property. They can't prove I stole it. Do I therefore get to keep it? No. Regardless of whether I actually comitted a crime in obtaining it, it still doesn't legitimately belong to me, and must be returned to the owner.
Well, from Rambus' point of view... (Score:3, Interesting)
Re:Well, from Rambus' point of view... (Score:2)
Every idiot they can convince that their company isn't a complete failure is someone who may buy stock, upping the price, and making their options worthwhile.
Face it, they have NOTHING. What part of "*ALL* their claims were thrown out." don't you understand? All this fraud thing means is that less of them will be going to jail when the company tanks.
There is something about RMBD having loyal fans that makes me warm and happy inside... Just think, the random investor and other stockholders dumped the stock when the company started to tank, other less-loyal fans dumped when the stock plumetted. But the loyal types, they're hanging on to their religious belief that their stock isn't worthless... The good thing about this is that they'll get NOTHING when the company finally folds. This... the fact that greedy assholes will lose BIG, comforts me.
To me, anyone who would buy RMBS stock, supporting the company that tried to steal money from the rightful inventors and implementors of these products can go to hell in a hand basket. Fuck, Rambus didn't even make a product. (Nor, for the reality impared, did they invent one.)
Re:Well, from Rambus' point of view... (Score:2)
Re:Well, from Rambus' point of view... (Score:1)
Re:Well, from Rambus' point of view... (Score:2)
Re:Well, from Rambus' point of view... (Score:1)
Quick look at PriceWatch (Score:5, Interesting)
512 MB 800 mhz Rambus RDRAM - $380
256 MB PC133 Micron SDRAM - $25
512 MB PC133 Micron SDRAM - $77
Remind me why I need this stuff? If you want to see the future of RAMBUS, reference "microchannel" expansion slots. It seems you can only strongarm an entire marketplace if you make software....
Re:Quick look at PriceWatch (Score:2)
Case in point: I run simulations of microprocessors for a living. For this application, we had about a 3x speedup moving from P3/SDRAM to P4/RDRAM, since the application's bottleneck is memory bandwith. A typical job moved from 10 hours to 3 hours, and the cost of the speedup ($52 for a 256MB system) is absolutely peanuts compared to the productivity increase.
Re:Quick look at PriceWatch (Score:2, Funny)
Re:Quick look at PriceWatch (Score:2)
Licensing for DDR? (Score:1)
its more about getting liscensing for DDR
Licensing for Dance Dance Revolution? They'll have to ask Konami [konami-arcade.com] about that.
Oh, you meant "Deutsche Democratic Republic [fortunecity.com]"? Sorry, West Germany bought them out way back in October 1990, even before the Internet had a World Wide Web.
Oh, you meant "double pumped SDRAM".
Re:Quick look at PriceWatch (Score:1)
Remind me why I need this stuff
What you mean a 5% increase in performance isn't worth a 500% increase in cost ? Rambus and Intel for whatever reason thought so, but in the end we voted with our money and in another 6 months to a year RDRAM will be a bad memory (no pun intended). Now if we could just get the same thing to happen with Windows XP, the world would be safe for God, Democracy and Linux.
Re:Quick look at PriceWatch (Score:2)
Correct me if I'm wrong, but if you have a chipset (and for that matter, a CPU) specially designed around the RDRAM, you get something like double the effective memory speed.
Of course, that's assuming you can get the chipset and CPU working right, which isn't easy. I think this is one of the reasons Intel is backing out of their support for RDRAM.
Re:Quick look at PriceWatch (Score:2)
Re:Quick look at PriceWatch (Score:3, Informative)
256MB PC2100 Micron DDR - $36
512MB PC2100 Micron DDR - $189
The 512MB sticks are still expensive (only 1/2 of RDRAM), but still a much better value. With SDRAM and DDR chipsets appearing for P4 soon, Rambus' days are numbered.
Re:Quick look at PriceWatch (Score:2)
Yeah, I remember when my 40MB hard drive was... how much? I can't even recally. A lot. My VGA card cost as much as a gforce3. Sure.
But who cares? The fact is that $200 for 512MB of ram is expensive _NOW_, and who gives a crap what it used to be? We're not _building_ a system for 1996, we're building it for 2001, and 128MB of Ram is bare minumum. So get over it.
Link to Rambus v Infineon Docket (Score:4, Informative)
It probably would be nice to have someone comment on what was exactly denied in the ruling.
RAMBUS? (Score:1)
Only one fraud count overturned. (Score:2, Informative)
How does this affect the consumer? (Score:1, Interesting)
Re:How does this affect the consumer? (Score:1)
Not having to pay RamBus 3.5% will make the prices fall that much faster.
Like ripping out a single coffin nail (Score:5, Insightful)
Now it's just sit back and wait for more bad news for Rambus.
Unfortunatley... (Score:3, Insightful)
Every time you purchase memory, you put a little cash back in Rambus' pocket. Or am I completly off my rocker?
Re:Unfortunatley... (Score:2)
Re:Unfortunatley... (Score:1)
If I were Micron, I'd tell RamBus to go fsck themselves. I doubt that they'll get any more manufacturers to cave in to their claims. At best, they'll win hard-fought court battles for any royalties at all, battles which will leave them financailly drained. MUCH more likely is that they'll fight another fraud suit and _lose_, at which point the RAM industry will laugh at them even harder than they are now.
Re:Unfortunatley... (Score:2, Insightful)
Paltry sums?!?!?
They're trying to claim 3.5% and .075% of a market that was anticipated to be $40 BILLION annually! Although most recent estimates are around $20 BILLION, that's not life support money, that's what sent their stock skyrocketing to around $125/share after splitting!
Paltry sums? Oh, wait, you're Bill Gates, aren't you?
Re:Unfortunatley... (Score:1)
Oops. It should read 3.5% and .75%, NOT .075%.
The previous poster made the error, and I didn't catch it. Sorry.
Re:You meant to say (Score:2)
I always thought it was more of an "I'm a geek and like girls in general." I think we can all follow the logic from there and most of us can relate to it somewhere back there.
Now back to your regularly scheduled RAMBUS-related-discussion. Sorry to have wasted your time.
Totally Expected (Score:1)
Re:Totally Expected (Score:1)
Re:Totally Expected (Score:2)
Please, be a joke! (Score:1)
Right?
(panic attack sets in)
Home (Score:1)
Re:Home (Score:2)
Considering their aim is to be an Intellectual Property innovator and owner, they'd better be. Las time I looked they were pumping 50% of their revenues into legal wrangling. This must be the reality of being and IP company, beg, buy or steal then defend or bluster, and hope like heck your oppenents aren't A) Many B) Richer C) Smart
Confusing/conflicted stories (Score:4, Funny)
http://biz.yahoo.com/st/010810/28625.html
Seems pretty much pro-Rambus.
Now look at this one:
http://biz.yahoo.com/bw/010810/100178.html
Basically a reprint of Infineon's press release. Boy, and you thought the patent system was confusing! So what's the real analysis?
Spin from both sides.. (Score:4, Informative)
All in all, it's still a really bad thing for Rambus, as they've got to be running so low on revenues, from slumping sales in the IT market, that they should be considering out of court settlement with the manufacturers. Although such a concession might be too late.
Yet there's still the matter of Rambus vs Infineon in a german court, where a technology expert was appointed recently, and the italian procedings which looked like a win for Rambus, but the judge put on hold. Wait and see.
Re:Confusing/conflicted stories (Score:1)
Pretty ludicrous (Score:1)
Seems a little extreme, eh? What a waste of time patents can be...
What fun patents, IP and crap can be! (Score:5, Funny)
Geoff Tate would leap from the bushes, run down the street and fax the design to the US patent office, then sue unless he was paid a stipend.
Lucent would attempt to make the cans and string and lose a large fortune, requiring massive layoffs at their lemonade stand.
Steve Case would be adamant that the string have a huge granny knot in it to be more effective
Bill Gates would say it has to be 4 inch braided nylon rope with a detour through his house
Larry Ellison would hold his breath and turn purple unless the cans were imported from Japan
Thomas Penfield Jackson would call Gates a big stupid jerk and get dragged home by his mother and grounded for a week
One word (Score:2, Interesting)
OUT
It's nice to see a judge standing up against large companies, to stop them from throwing lawsuits around against smaller companies who cant afford great legal defenses. Maybe this will (*cough ADOBE cough*) stop (*cough ADOBE cough*) from suing smaller groups over trivial (or perhaps nonsense) items.
Re:One word (Score:2, Informative)
I'm not positive...but I believe Infineon is a larger company than Rambus.
Re:One word (Score:1)
Need INPUT Stephanie (Score:1)
Re:Intellectual Property laws are getting out of h (Score:1, Offtopic)
How do you know you haven't introduced much bigger bug somewhere down the line ?
Are you kernel developer?
Are you suggesting all companies hire part-time kernel developers for occasions like that?
Re:Intellectual Property laws are getting out of h (Score:2)
His tools consist of whatever software is provided by his employer, whatever tools he brings to the job, and his wits and skills.
If chasing down a kernel bug is what it takes to keep the network running, then that's what it takes. I would hope and expect that he didn't do this in a vacuum, and consulted with kernel developers somewhere in the process.
Being able to say, "I tweaked the kernel and fixed the problem." isn't the point. Nor is saying, "It's Microsoft's problem, and a fix is due tomorrow/next week/next month."
The point is that the network is up, and because the Source was available, he could apply all of his wits and skills to the task. Without the Source, he's working with fewer resources.
Re:Intellectual Property laws are getting out of h (Score:1)
BTW.
Is it really efficient to pay networking people for debugging kernels (which is a big job on its own)?
Why do you think there is a market for precompiled and packaged OS in the first place?
Re:Intellectual Property laws are getting out of h (Score:3, Interesting)
You got a patch for known problem and you applied it.
The only difference from commercial products is that it was source patch as opposed to binary one.
I fail to see any advantages here. I mean what is so superior about performing recompile instead of simply downloading patched kernel?
Re:Intellectual Property laws are getting out of h (Score:1)
unless you're compiling on a VERY slow machine..
Microsoft and others (including Redhat) are ALWAYS slow to bring out patches.. why? Well first, they have to find and apply the patches themselves (and in Microsoft's case, they have to find the problem first, whereas Linux-based companies can just apply the patch that someone else has created).. but what takes more time, these companies have to be relatively sure that applying the patch wont accidentally break anything else! Applying the patch may well fix a bug, but if 90% of the 3rd party software for whom this particular bug was a problem all created various workarounds, you may end up breaking all that extra software (again, this tends to hit Microsoft harder, since a Linux vendor would probably have just submitted a patch themselves if they happened to run across the bug)..
I've heard similar reasoning to excuse at least a large number (probably not all) of the reported 65,000 bugs in Win2k when it was released. Sure it gives us geeks with our open source a bit of a chuckle, but it does make at least a little business sense to not screw over your 3rd party developers, especially in a world where a good number of your sales are driven by the fact that most 3rd parties still develop exclusively for your OS.
Re:Intellectual Property laws are getting out of h (Score:1)
That is a problem with Linux.
Nobody gives a damn about end users, and I don't only mean real end users but also developers.
Half of binary software that came with RH 6.0 will not work with 7.0..
What kind of bullshit is that? It almost seems like RH is bend on pissing off commercial developers ( who end up protecting themselves using static links, which results in tons of duplicated static code
Re:Intellectual Property laws are getting out of h (Score:1)
99% of Win32 software created 5 years ago will work on Windows ME.
You are the one who doesn't know what he is taking about.
Re:Intellectual Property laws are getting out of h (Score:1)
99% of Win32 software created 5 years ago will work on Windows ME. You are the one who doesn't know what he is taking about.
And when Microsoft tells you that your software, which won't run on windows ME, is too obscure to bother with, you will understand the power of Open Source.
Re:Intellectual Property laws are getting out of h (Score:1)
However the many linux servers I have only get rebooted when I do a hardware upgrade or replace the UPS.
Re:Intellectual Property laws are getting out of h (Score:1)
three weeks from now?"
He doesn't but then again he wouldn't know that if he was installing a binary only patch from MS either. You need to do testing with any patch from any vendor and you allways need to know what you're going to do if there are unforseen problems. At least this way he knows exactly what was done and can put things back if necessary very quickly.
Re:Intellectual Property laws are getting out of h (Score:2)
Ya, getting the source is such a pain in the ass. Do any of you know of any warez sites where I can download the source?