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The Courts Government News Technology

Rambus Wins Case Against Infineon 383

rednoise writes "Yahoo is running a story about how a Federal Circuit Court in California (I think) has (unbelievably) ruled that RAMBUS did NOT intentionally mislead members of JEDEC when the committee was developing the SDRAM specification. RAMBUS' stock skyrocketed something like 57% on the news. This is very bad news for owners of computers."
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Rambus Wins Case Against Infineon

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  • by Anonymous Coward on Wednesday January 29, 2003 @06:10PM (#5185275)
    Thank goodness that the Microsofts and the Rambuses in the world are protecting the freedom to innovate. Why, if they ewre taken down, people would be forced to buy things from smaller companies which as we all know are totally incapable of innovation.

    Now I'm going to McDonalds for a delicious cheeseburger.
    • Um, I'll have a Fillet O' Fish.

      some Irish guy is rolling over in his grave with that product name...

    • Now I'm going to McDonalds for a delicious cheeseburger.
      Totally unfair. Why just last night I saw a Jack-in-the-Box ad with their latest innovation. Something called a "Philly Cheesesteak."
    • by foonf ( 447461 ) on Wednesday January 29, 2003 @07:26PM (#5185861) Homepage
      Thank goodness that the Microsofts and the Rambuses in the world are protecting the freedom to innovate...we all know (smaller companies) are totally incapable of innovation.

      This is funny, but there is a problem with the (implied) argument. Rambus is not a very large company as they come, in fact it is basically a small fabless company which is totally dependent for revenue on licensing its intellectual property. It is nowhere near as large as Infineon (formerly the semiconductor division of Siemens AG), not to speak of Microsoft. Second, Rambus actually has designed technology...RDRAM is basically an original technology, and much more of a departure from conventional memory architecture than DDR or any of its competitors. Whether it is a better technology right now, in practice, is another matter, and there are apparently major problems producing RDRAM modules at the moment. Furthermore, no one disputes that the SDRAM patents that were at issue in this case were valid, and concerned technologies that Rambus actually did develop themselves.

      There are basically two things about Rambus that are reprehensible, though -- neither of them have anything to do with innovation. First, they didn't disclose their patents at the time they were on a committee that was designing the SDRAM technology (which they are now suing manufacturers of), and second, their current attempts to support themselves through royalties relating to this undisclosed patent. And the second, while disturbing, is not illegal.
      • In Europe and also Asia Rambus claims won't be accepted. This might become an interesting precedent, where the US thinks it can rule the (economic) world by setting "standards" w.r.t. protecting IP, and the rest may get fed up with this selfcentered protectionist interpretation and implementation of IP laws.
  • by Salden ( 571264 ) on Wednesday January 29, 2003 @06:10PM (#5185279)
    Wow, I'm going to start a company and my goal will be to win as many court cases as possible. That'll pump up my stock price!
  • fuzzy math (Score:5, Funny)

    by Anonymous Coward on Wednesday January 29, 2003 @06:13PM (#5185307)

    The company's stock soared on the news, rising $54.75, or 57 percent, to close at $11.69 on Nasdaq.

    Ah, Yahoo.

    • Re:fuzzy math (Score:5, Informative)

      by generic-man ( 33649 ) on Wednesday January 29, 2003 @06:20PM (#5185378) Homepage Journal
      That was published by Reuters. Yahoo doesn't make news; they just rebroadcast feeds.
    • by Kallahar ( 227430 ) <kallahar@quickwired.com> on Wednesday January 29, 2003 @06:51PM (#5185622) Homepage
      Whew, thank goodness I bought their stock when it was worth -$40 a share! :)

      Perhaps the sentence was misleading on Yahoo's part. They should have said "initially rising to $54".

      But then again, look it up at it's stock today [yahoo.com] and you'll see that it started the day at $7.50, then rose to $12 on the news. I have no idea where yahoo got $54 from, but the 57% part was right.

      Travis
      • Re:fuzzy math (Score:3, Informative)

        by ender81b ( 520454 )
        I imagine they missed a decimal point. Should've been 5.40$ I am guessing.
    • No, that's right. Their shares really fell when the legal system started to move against them.
    • by JLyle ( 267134 )
      Ah, Yahoo.
      Hey, don't mock Yahoo just because their proofreading skills aren't as good as the Slashdot editors'.
  • That's all fine and good, but I _still_ don't know which motherboards take what RAM ...
  • by Anonymous Coward on Wednesday January 29, 2003 @06:16PM (#5185327)
    You might consider reading the article a little more carefully. It's being sent back for "reconsideration." Nor did the article say that the court found they did NOT perpetrate a fraud... it just said that it wasn't proven that they did.

    So, it's neither good news nor bad news for anyone but Rambus, since they're not dead in the water. Infeneon will have to keep going.
    • by Xtifr ( 1323 ) on Wednesday January 29, 2003 @07:27PM (#5185863) Homepage
      The really strange thing (to me) is that back when I first met ChrisD (back when he was involved with SVLUG), he was as intelligent and insightful as the next fellow. Now he joins the /. editorial staff, and he suddenly seems to have lost the ability to read or comprehend. Is it possible that working as a slashdot editor can actually cause physical brain damage? :)

      Indeed, the jury is still out (as it were) on Rambus. They have won a decision, but not the case. The case is going back to the lower court.
      • That brings up a very good question. I remember trolls imbedding wronchy stuff in otherwise informative posts just to laugh when moderators modded them up. Its not difficult, when we have 100+ comments a story, its rare that one will be completely read.

        What does having to choose from 100+ submissions a day do? I've had submissions get canned, half an hour before someone else's link to the same story goes up. I'm not complaining, but how do they decide and what does that do to a brain?

        Doing some moderation on K5, I can tell you that its gruelling after a while. I don't know how they keep up like they do. And now they are in the buisness of multi thousand word stories. A boon to sci-fi for sure, but a drain on editors.

        That might be one of the reasons I started my own site, I like the small-town atmosphere of a personal website. I like going out and finding my own content. Doing what these guys do has to be hazardous to the brain.

        I hope that by continuing this thread I will not be tempting the fate of these god-like but fallible figures.

        -----------------
        OnRoad [onlawn.net]: It gets you there and back again.
  • by ajakk ( 29927 ) on Wednesday January 29, 2003 @06:16PM (#5185332) Homepage
    The Court of Appeals for the Federal Circuit is based in Washington D.C. They hear appeals from all Patent cases, and almost all of the judges are former patent attorneys. Because Patent cases are so rarely litigated, many district court judges make poor decisions on the law (especially in constructing claims) when they actually have to handle a case. The court overturning the appeal does not necessarily mean that Rambus wins the patent case. The court ruled that, in construing the claims, the judge defined 5 terms wrong. It is still possible to find that Infineon does not infringe the patents. The court also overturned the fraud charges because they felt that the JEDEC did not uniformly enforce their patent policy. This decision shows why it is important that these standards groups be very strict in composing and enforcing their patent policies so crap like this doesn't happen.
  • Prevention? (Score:2, Interesting)

    by gtada ( 191158 )
    If there are any lawyers, can you tell us what can be done in the future to prevent a RAMBUS type of deception?
    • Re:Prevention? (Score:3, Interesting)

      by Anonymous Coward
      You just add clauses to the contract which, in this case, demand that RAMBUS has to state truthfully that they don't own any patents to the technology shared with JEDEC, and a subclause, that if they do or claim in the future, the patent rights will be transferred to JEDEC in case RAMBUS wants to claim IP (using a patent they shouldn't rightfully have, according to the above hypothetical clauses...)

      IANAL, but something like that.
    • Re:Prevention? (Score:3, Informative)

      by Adam9 ( 93947 )
      Sorry, not a lawyer, but keep in mind RAMBUS hasn't "won" anything. As one of the previous posters explained, the case was sent back because the earlier judge misdefined 5 terms.

      To answer your question, I think the legal process will solve this. (IOW, the threat of a lawsuit would prevent this kind of deception)
    • Re:Prevention? (Score:4, Informative)

      by Jeremy Erwin ( 2054 ) on Wednesday January 29, 2003 @08:10PM (#5186166) Journal
      RAMBUS had pending patents on this technology. The standards commiteee required disclosure of issued patents, but did not require disclosure of pending patents.
  • not a done deal... (Score:5, Insightful)

    by AlphaSys ( 613947 ) on Wednesday January 29, 2003 @06:20PM (#5185377)
    Remember, the appeals court is just handing this back to the lower court for reconsideration. All the appeals court has said is the prosecution hasn't made a clear enough case. Also, remember the FTC is hard against RAMBUS in this:
    The FTC has asked an administrative law judge to rule immediately against Rambus, saying the company engaged in a campaign of "massive" document destruction at least partly out of concern that some internal documents could be used to press antitrust charges against the company and invalidate its valuable patents.


    Rambus maintains the document destruction was part of the company's regular document retention policy...
    Which leads one to wonder... what is that policy? Destroy it before the prosecution gets ahold of it? Sure they started shredding before the investigation, but then again, wouldn't you if you knew what you had done? I imagine the shredding began on the eve of the first injunction they (RAMBUS) filed!


    • > > Rambus maintains the document destruction was part of the company's regular document retention policy...

      > Which leads one to wonder... what is that policy? Destroy it before the prosecution gets ahold of it?

      Most corporations (other than the ill-informed Pa & Ma shop) have "record retention policies" that are primarily designed to prevent documents from coming up in lawsuits. The should more properly be called "record destruction policies"; you catch holy hell if an audit shows that you've been keeping stuff you should have destroyed.

      Your government probably has laws that specify the minimum amount of time certain types of records must be maintained.

    • All the appeals court has said is the prosecution hasn't made a clear enough case.

      *And* that the lower court judge needs to bone up on patent law. I'd have to read more detail (like I understand the legalese, narf!) but it's possible that the appeals court would have let the decision stand if it wasn't for the mistakes of the lower court judge.

  • by Anonymous Coward on Wednesday January 29, 2003 @06:24PM (#5185417)
    It's incredibly scarey when the company that actually owns the patent to the technology that is the future of RAM can't play fair with the other children.

    Not intending to mislead the JEDEC is no excuse to doing it. They either did or didn't. Try telling a traffic cop you didn't intend to speed.

  • What this means (Score:2, Informative)

    This is very bad news for owners of computers

    Hehe...but not if you own some Rambus stock :)

    Anyways, this might lead to lots of other pending lawsuits and cases against Rambus getting settled. The district court judge is taking a lot of flack now for how this case was handled - jury persuassion, etc. Expect to hear more about this in the coming days.

  • by morcheeba ( 260908 ) on Wednesday January 29, 2003 @06:45PM (#5185581) Journal
    The EETimes article on this story [eetimes.com] has (besides a lot more meat) a bit of an insight:

    "Having framed the duty of disclosure in the above terms, the court concluded that Rambus did not breach its duty as to the SDRAM standard because none of the claims in its patents and pending patent applications reads on that standard," [legal analyst] Balto added.
  • by evil_roy ( 241455 ) on Wednesday January 29, 2003 @06:51PM (#5185626)
    Surely this whole case represents incompetency of the standards body & their lawyers. Are patents discoverable? Is this not part of due diligence? I would expect more than a quick question in determining these things. I expect that proper checks are made and binding agreements reached before progressing. It sounds like RAMBUS did the wrong thing...but why were they allowed to get away with it. They should have been caught way back and these issues sorted out. To stand up in court and plead both ignorance and trust as a case will never work.
    • by Edgewize ( 262271 ) on Wednesday January 29, 2003 @08:02PM (#5186108)
      Patents are only public when they are finally approved. During the interim between filing and approval, they are not visible. These so-called "submarine patents" can be kept invisible for years, if you know the appropriate paperwork tricks. That whole aspect of the patent process is under close scrutiny and it is already much harder to pull off than it was a few years ago.

      But the point is that RAMBUS filed for a patent, then pushed their idea as part of the SDRAM standard so that when their patent was finally granted, everyone would owe them money.

      There is no amount of diligence or research that could have unearthed those patents during the approval process, short of torturing the RAMBUS representatives.
  • RDRAM vs. DDR (Score:5, Interesting)

    by netdemonboberb ( 314045 ) <netdemonz@y[ ]o.com ['aho' in gap]> on Wednesday January 29, 2003 @06:51PM (#5185627) Homepage
    Why is RDRAM a bad thing for computer users? I think promoting better technology is a good thing for users. If people promoted the better technology instead of the cheaper one, companies couldn't dump their obsolete products on the market in order to decrease sales of the better technology. If people bought a product based on its quality, we would have things like organic LED displays [ammagazine.com] instead of truly obsolete LCD screens and CRT monitors.

    I don't know where to stand on the issue of who had prior art, but I have talked to people on both sides and they seem to both have valid arguments. I don't believe any of the companies involved are boyscouts. What I am interseted in is which is the better technology. Obviously, if you look at the specs [rambus.com] of Rambus, you will see that although DDR 266 is just a lower stepping of PC133 Ram and the bus is double-pumped. Rambus, on the other hand, has a lot more going for it. Its bus has less traces and allows you to more easily have more than one channel. It is also capable of shutting off portions of itself not in use.

    If you look at a Tom's Hardware article [tomshardware.com] It mentions that there is a limitation with using parallel designs due to uncontrolled impedence.

    Not to mention that memory benchmarks [anandtech.com] available on many sites show that DDR can't continiously maintian its bandwidth like Rambus can. Instead, its bandwidth is spurty.

    Also, Rambus has many new things [rambus.com] on the backburner.

    Rambus memory has also become much cheaper. I believe in leaving the decision of whether or not
    Rambus infringed on patents to the courts and going for what is the best technology so you can give it a boost. What holds back RDRAM in terms of price is that there isn't enough being sold.
    • Re:RDRAM vs. DDR (Score:3, Insightful)

      by leerpm ( 570963 )
      "What holds back RDRAM in terms of price is that there isn't enough being sold." Exactly. Because the price is too HIGH for the average consumer. If there was a clear benefit to using RDRAM over DDR that *JUSTIFIIED* the price difference then consumers would choose to buy RDRAM. We have a free enterprise system. People will buy a product only when there is a net benefit to them. I suggest you read up on some elementary economics if you would like to understand a little bit more about why people don't buy overpriced products.
    • Re:RDRAM vs. DDR (Score:4, Interesting)

      by PCBman! ( 605303 ) on Wednesday January 29, 2003 @07:13PM (#5185785)
      This was about Rambus' underhanded tactics with JEDEC which required all members to put patents related to what they were pushing as far as SDR and DDR SDRAM on the table BEFORE they made the specs final. Rambus, however, didn't do that. Instead, they held onto their patents while helping all the ram manufacturers settle on the SDRAM and DDR SDRAM specifications. Later, when the market wasn't adopting RDRAM fast enough--and the memory manufacturers saw no need to get RDRAM licenses (only samsung was making them at the time), Rambus went out and started telling the same ram manufacturers they worked with that they had to pay licensing fees.

      Technologically RDRAM's fine with some weaknesses early on as far as the desktop platform (embedded was another matter). Had Rambus acted honestly from the start, this whole matter could have been avoided.
    • Re:RDRAM vs. DDR (Score:5, Informative)

      by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Wednesday January 29, 2003 @07:41PM (#5185962) Homepage Journal
      On the other hand, interleaved RDRAM has the same peak theoretical bandwidth of interleaved DDR SDRAM one quarter its clock rate because RDRAM chips have one quarter the bus width of SDRAM chips. 800 MHz RDRAM would be the same speed as 200MHz SDRAM assuming both (or neither) are interleaved. Many if not most modern SDRAM controllers support memory interleaving, including my old abit board which isn't even new enough to run an athlon XP.

      In addition SDRAM has ~10ns latency, RDRAM adds 2-20ns (do I have my units right? it is ns yes?) because it is a serial infrastructure, meaning some chips on a RIMM are farther from the memory controller than other chips on a RIMM. Every chip on a DIMM is the same distance from a memory controller; In theory this makes boards more expensive and raises system prices, but the licensing fees (and higher expense of manufacturing RIMMs over DIMMs, though that is secondary) raise the prices considerably.

      The belief that RDRAM is a superior technology to SDRAM is at best a matter of opinion and at worst an absurd myth. It COULD be a more cost-effective technology, and for systems which involve a minimum number of RAM chips like game consoles, it is effective because you are paying a minimal amount for licensing in exchange for the company playing up the fact that you're using it in their console even though that has NOTHING WHATSOEVER to do with its suitability in a PC, coupled with the fact that you are using very little of it making it a small portion of your total cost... RDRAM makes great sense when you're not using very much of it (down in the ~16 MB range, where you only need two to four chips) but when you start putting it in PCs it has little to offer over DDR SDRAM; When it has an additional licensing cost to pay over an already inflated price for more expensive modules, it has none.

      The benchmark you cite shows better performance for DDR SDRAM on intel's solutions than on the athlon system, which leads me to believe that it is possibly cpu-dependent.

      • The benchmark you cite shows better performance for DDR SDRAM on intel's solutions than on the athlon system, which leads me to believe that it is possibly cpu-dependent.

        That would be because the FSB on the Athlon system is only 266(133 x2) [333 (166 x 2) on the new Athlons]whereas the FSB on the P4 is 533(133 x 4). The P4 simply has more available bandwidth 4.2 GB/s versus 2.1 Gb/s [2.6 for the newer Athlons]. Read here for how RAM bandwidth is calculated http://www.ocsystem.com/calmemban.html also http://www.upgradingandrepairingpcs.com/articles/u pgrade12_02_02.asp .

      • Re:RDRAM vs. DDR (Score:5, Interesting)

        by netdemonboberb ( 314045 ) <netdemonz@y[ ]o.com ['aho' in gap]> on Wednesday January 29, 2003 @09:23PM (#5186566) Homepage
        >On the other hand, interleaved RDRAM has the same >peak theoretical bandwidth of interleaved DDR >SDRAM one quarter its clock rate because RDRAM >chips have one quarter the bus width of SDRAM >chips. 800 MHz RDRAM would be the same speed as >200MHz SDRAM assuming both (or neither) are >interleaved. Many if not most modern SDRAM >controllers support memory interleaving, >including my old abit board which isn't even new >enough to run an athlon XP.
        Theoretical performance doesn't hold up in practical applications. That is why there is SPEC [specbench.org]. Besides, RDRAM is designed so that you can easily make it a multi-channel architecture:
        Quote: "By moving the core logic to the CPU and thus incorporating the Rambus Memory Controller as a part of the CPU itself, much of the current latency problems plaguing the technology will disappear. Both Sun's upcoming MAJC and the Playstation 2 are examples of embedded solutions with ondie RMCs. Another example is Compaq's upcoming EV7 (Alpha 21364), which also uses 8 channels to support massive bandwidth requirements and to keep latencies down (instead of accessing large volumes of DRDRAM in serial from a single channel, which would increase latencies)."

        DDR SDRAM is more complicated to design in a multi-channel layout because of timing and motherboard design complexity issues. Besides, DDR SDRAM can't sustain its peak bandwidth even close to as well as RDRAM. Bursting isn't sustained bandwidth.(Remember, to transfer a byte, you have to transfer a QWORD. To transfer the next byte, you have to wait an entire clock cycle). Therefore, it only really allows 1/4 the peak bandwidth in this case.

        [aceshardware.com]
        A very old article from Ace's Hardware says: "The Rambus channel sends out the data twice as fast as the SDRAM, but the SDRAM can send out the first 8 byte without waiting, while Rambus has to transfer 16 bytes. As Rambus can send 2 bytes every cycle, it takes 4 cycles of 2.5 ns to transfer 16 bytes or 10 ns."

        Of course, this is regarding 800Mhz RDRAM, and 1066Mhz RDRAM is currently out.

        Also, not many applications only send 16 bytes at a time. For random access bursting applications, like servers, this is common. On the other hand, for 3d games, you want a sustained bandwidth to send all that data to the graphics card.

        The aforementioned site speaks of examples where DDR SDRAM would be better because of its lower latency. In those cases, though, RDRAM will still be adequate.

        Also, I'm curious to see any mentions of RDRAM versus DDR performance on newer chipsets.

        > The benchmark you cite shows better performance > for DDR SDRAM on intel's solutions than on the
        > athlon system, which leads me to believe that
        > it is possibly cpu-dependent.

        Since memory bandwidth depends on FSB, Intel systems should have an advantage.

        >The belief that RDRAM is a superior technology to >SDRAM is at best a matter of opinion and at worst >an absurd myth.

        Didn't see you try to refute the fact that unused cores shut down (great for power management).

        > RDRAM makes great sense when you're not using >very much of it (down in the ~16 MB range...

        Comparison: 1GB system.(Picking anything more would severely skew things in RDRAM's favor).

        PC3700 DDR vs PC1066 RDRAM
        source of prices: pricewatch.com

        Generally RDRAM comes with two channels, while DDR generally comes with one.

        PC1066 RDRAM theoretical peak bandwidth (2 channels)= 1066*2*2 = 4.3 GB/s

        DDR3700 DDR theoretical peak bandwidth (1 channel)= 466 * 8 = 2.98 GB/s

        Price:
        DDR (512MB modules * 2) = $145 * 2 = $290
        RIMM (256MB modules * 4) = $80 * 4 = $320

        Yes, the motherboards for RDRAM based sets are more expensive, but the memory appears to be bearly more expensive in this case for twice the theoretical bandwidth. The RDRAM 512MB is more expensive than DDR 512MB, but since you usually find RDRAM in higher-channel configurations, this isn't an issue. Comparing prices is difficult since you have to pair RDRAM up.

    • Re:RDRAM vs. DDR (Score:4, Insightful)

      by Have Blue ( 616 ) on Wednesday January 29, 2003 @10:42PM (#5186936) Homepage
      Too bad RAMBUS doesn't share your faith in their own technology. They didn't care which RAM was better, their plan was to hit DDR suppliers with ever-increasing licensing fees, forcing them to raise prices until RDRAM was cheaper than DDR, and take over the market that way.
  • Decent Judges? (Score:2, Interesting)

    Does anyone know if it's standard policy to give these highly technical cases to judges have tried similar cases before or have some background in the area? It is unfair to the Judges and the litigants give these cases to Judges who have a weak technical background.
  • Comp.sys.ibm.pc.hardware.chips must be freakin' out about now. Take a look at the google groups archive of discussions relating to one John Course re: Rambus in early spring to mid summer 2000. I believe we may soon see the resurrection of one of the most rabid Usenet trolls in recent memory. Should be entertaining.

    -dameron
  • get over it (Score:2, Insightful)

    by Anonymous Coward
    Everything's fucked. Cant people move on?

    Yes we're all going to be enslaved and humanity's probably screwed for another millenium. Geeks need to figure out how to obey the corporations and morons. Just live mediocre lives. It's not that hard, millions of people do it everyday. Maybe freedom and liberty is overrated. After all the Russians survived communism didnt they? (though it's true that communists werent well funded).

    Sorry. I'm not just getting depressed. I really think this is a losing battle. Is it that "geeks" cant connect with the general public? All over the world the fundamental concepts of freedom are being squashed and there's nothing we can do but observe it and say "damn, that sucks". Why bother?
  • Rambus is in California, the court is in Washington, D.C., at least according to ABCNews [go.com].

    Not that the appeals court in San Francisco isn't screwed up, but let's get our facts straight, eh?

  • why is it so bad? SDRAM is old news, and most new computers use DDR which will not be affected by this ruling. so who cares if SDRAM doubles in price?

    • by Anonymous Coward
      It's so bad because you forgot the five letters that follow DDR. And those are S, D, R, A, and M. Double-Data Rate Synchronous DRAM. It's nothing more than faster SDRAM.
  • by kien ( 571074 ) <kien.member@fsf@org> on Wednesday January 29, 2003 @07:13PM (#5185783) Journal
    From the article:

    "In sum, substantial evidence does not support the jury's verdict that Rambus breached its duties" to disclose patents, the judges wrote in the ruling. "No reasonable jury could find otherwise."

    I didn't read the full decision of the court (and I probably wouldn't understand much of it if I did...I speak Perl, not legalese) but something seems wrong when a 3-judge federal circuit court can overturn the ruling of a jury with language like that. I mean, if the administration of the case was mis-handled or the judge screwed up...I could perhaps understand. Maybe someone more familiar or more enlightened could explain this further.

    --K.
    • The 9-judge supreme court can overturn a jury. I think the argument before the appeal court was about the law, not the facts. Juries weigh the facts, judges handle the law.
    • by capologist ( 310783 ) on Wednesday January 29, 2003 @08:43PM (#5186380)
      From the article:


      "In sum, substantial evidence does not support the jury's verdict that Rambus breached its duties" to disclose patents, the judges wrote in the ruling. "No reasonable jury could find otherwise."
      ...something seems wrong when a 3-judge federal circuit court can overturn the ruling of a jury with language like that.


      It's not at all unusual for an appellate court to reverse a jury's verdict. However, the standards for doing so are very high; it's not sufficient that the appellate court strongly disagree with the verdict, but rather that no reasonable jury could reach the verdict based on the evidence before it.

      In a sense, it is a procedural review, because a jury's finding that can not reasonably be based on the evidence generally means that the finding is on a question that should not have been submitted to the jury in the first place.
  • *shrug*

    'Nother dot-bomb trying to make money via suits versus innovation.
    If their technology is so good, then why should be protest paying for it. If it's so bad, why would we buy it?

    *Shrug*

  • Is it just me... (Score:5, Interesting)

    by bob670 ( 645306 ) on Wednesday January 29, 2003 @07:29PM (#5185879)
    and I'm sure it is, but has the past 5-8 years of massively faster development slowly sucked the joy out of computing. The mega-corporations and scumbags like Rambus who deal in little white lies and gray areas are making this a joyless industry and hobby.

    Maybe if we would have slowed the pace, not tried to jump start the PC industry with clock speed wars and bus bandwidth statistics, and as an industry concentrated on elegant solutions, innovative design and bringing something truly new to the consumer the market for PCs and software would not have stagnated so brutally? It's more than obvious that the current approach failed.

    The massive interest in the first wave of iMacs proves that consumers are hungry for something new, but marketing clockspeed and Apple's insane need to keep prices high killed that movement. Maybe a glimmer of hope from Small Form Factor or Mini-ITX (which I sit and type from at the moment)?

    What the hell does this have to do with Rambus? Rambus is part of the brute force/clockspeed eccentric computing industry. They have zero interest in the customer or industry partners, just in money (I know, I'm a capitalist pig at heart too, but there's more to it then that). When their product doesn't sell, they sue their partners, partners gained under false pretense.

    So would the industry be better off if we were just getting to 2gHz? If DDR was just taking off in the market place? If Microsoft concentrated on fixing Windows 95 instead of pushing out incremental upgrades every 18-24 months? Would processor upgrades feel really substantial if the architecture were more elegant and devs more concious of performance? If Linux devs stopped trying to emulate the Windows desktop and feature creep and tried to break away from the desktop metaphor? Would it be a better industry (and would the consumer still be interested) if Apple had 30% market share and users really had alternatives?

    Yes, the market would be more fragmented and support would be more challenging. Yes, 3gHz is cool, but who needs it? Yes, XP is better than 95, but could we have gotten there in 2 upgrades instead of 5, and caught the security holes along the way. How cool would the Linux desktop be if KDE was built from the ground up not to be like Windows (flame retardent boxers activate!)?

    We would certainly have fewer 800lb gorillas, and a more interesting landscape. I think so...

  • This is the most overturned court in the United States, ever! This court loves government control of things and this ruling will serve to that end by strengthening some of our absurd patent laws.
  • Full Story (Score:5, Informative)

    by doogieh ( 37062 ) on Wednesday January 29, 2003 @07:33PM (#5185902) Homepage
    The decision was by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. It is a special federal appeals court that hears patent cases and special federal issues such as takings, veterans affairs, and federal contract disputes.

    The outcome is surprising on its facts, as the documentation shows that Infineon had actual intent to deceive other members of the memory industry.

    However, the Federal Circuit now has a twenty year history of ignoring the law and creating its own jurisprudence in favor of strong patent rights. In the process, economic efficiency, fairness, and consumer protection have been lost.

    Although the court is limited to patents, it frequently rewrites antitrust law to exclude liability for patent misuse. It frequently revises claim constructions on an ad-hoc, nonsensical basis that is impossible to predict, often ignoring the patent itself, and almost always in favor of the patent holder.

    It has made invalidity harder to prove, requiring printed documentation of all elements of a claimed invention, and has limited obviousness to a very narrow set of circumstances where documents actually state that a patented combination is in the prior art. This is somewhat of an oversimplification, but it is unfortunately almnost accurate.

    It has expanded the realm of patents to include business methods (harming free enterprise by making the mere right to enter an industry subject to patent rights), genomes (which, while they already exist, are always useful for growing hair--by using this claim they can cover all uses for the genome), and algorithms.

    It frequently ignores federal procedural law, and has been reversed a few times by the supreme court on these grounds in recent years.

    While many on slashdot frequently cite the "Microsoft Patents 1 and 0" story from the Onion, the Federal Circuit has actually gone that far in real life. In a patent case brought by Excel Corp., the Federal Circuit affirmed the validity of a patent over a one bit flag used to determine whether two parties on a phone were using the same phone provider.

    Yes, Excel has a patent on a one bit flag (ones and zeros) when applied to phone networks!

    There is much more to say about this, but that is for another day.

    • However, the Federal Circuit now has a twenty year history of ignoring the law and creating its own jurisprudence in favor of strong patent rights.

      Perhaps, although my experience with this court led to a competitor's patent being invalidated.

      This court was established for a pretty good reason - prior to its existance patent appeals were tried in a wide variety of courts with little or no patent experience all over the country, with a mish-mash of quite inconsistant results. Stuff like venue shopping was quite common. The result was chaos in the extreme, and something like 90% of challenged patents were being invalidated by judges with little or no patent law experience. This meant that any company with deep enough pockets could run over the actual inventor almost at will, with little regard to the actual value of the patent.

      While this court may have gone too far in the other direction (in particlar in the area of business methods), the concept of a court of this nature, and the need to have more uniform interpretation of patent law was obvious at the time, and in fact this court has probably done more good than harm in the aggregate.

  • by ScottForbes ( 528679 ) on Wednesday January 29, 2003 @07:54PM (#5186049) Homepage
    U.S. Court of Appeals for the Federal Circuit, Rambus v. Infineon Technologies [corrected] [fedcir.gov]. If the site asks for a password, hit "Cancel" and the document (a 60-page MS Word file) should appear.
  • by TheWanderingHermit ( 513872 ) on Wednesday January 29, 2003 @08:12PM (#5186188)
    I was working as a videographer when Rambus went after Infineon in the 4th circuit court (Richmond, VA). I sat in on a LOT of depositions, both from Rambus witnesses, and from Infineon witnesses. I have to say the Rambus lawyers were always polite and wonderful to work with. The Infineon lawyers were always blowhards and bastards. If a Rambus lawyer had to delay a deposition, s/he would make sure the clerk and I were notified as soon as possible and, if we were already on site, would make sure we could get a meal if the delay would make us miss lunch or dinner. The Infineon lawyers went beyond ignoring us to being just downright rude.

    I have to say, compared to the legal issues, this is neither here nor there. I just found it interesting.

    On the other hand, after listening to deposition after deposition, I heard more than I'll ever want to know about JEDEC, Rambus, and anything related. Even to me, who works with computers but hasn't brushed up on electronics in years, it was clear, after several weeks, Rambus was hanging onto a thin thread and was basically bluffing.

    I remember one lawyer going on and on with an expert witness. He kept asking if a flip-flop was switch and if it could be considered memory. The lawyer kept badgering him for a yes or no answer. It got even more fun when the witness finally asked if he was talking about an RS or JK flip-flop. It was clear, at least to me (and I'm sure to the witness) that this lawyer had not even read the most basic info on electronics and memory.
  • by vandan ( 151516 ) on Wednesday January 29, 2003 @08:46PM (#5186394) Homepage
    Glad they can afford to pay off the judges.
    The US justice system stinks.
    And don't even get me started on their foreign policy.
  • Rader's opinion (Score:3, Interesting)

    by doogieh ( 37062 ) on Wednesday January 29, 2003 @10:36PM (#5186905) Homepage
    Judge Rader's opinion, in a nutshell, is that because the organization's rules were ambiguous then Rambus' conduct can't be said to be fraud.

    Unfortunately, Rambus' internal smoking gun documents show that they knew what the rules meant, and intentionally tried to flout them.

    This decision, which reversed a jury verdict on the basis of lack of evidence really is "beyond the pale."
  • by MarkRH ( 629597 ) on Thursday January 30, 2003 @12:10AM (#5187383) Homepage
    I'm rather surprised that the actual text of the ruling [fedcir.gov] hasn't been examined and IANAL'd to death, but there it is. Check it out.

    If you do, you'll see that the court felt JEDEC was to blame, in that it didn't actually require, in the legal sense of the word, that its members disclose its patents. Fun fact: Infineon withheld a patent claim from JEDEC, too.

    You might also want to read the subsequent news story [extremetech.com] over at ExtremeTech, which summarizes the decision without the gloating by Rambus's Tobak.

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