Rambus Wins Patent Case 146
Blowfishie writes "Rambus has won a major case they've been fighting since the late 90's. Rambus worked its technology into the standards for SDRAM and DDR data transfer, then waited for the major players (Hynix, Micron and Nanya) to be heavily committed before revealing that it had patents on the technology. 'At issue is whether the developer of a speedy new memory technology deserved to be paid for its inventions, or whether the company misled memory chip makers. "I think they (the jurors) misapprehended what the standards-setting organizations are about and the absolute need for good faith," said Jared Bobrow, an outside attorney for Micron. Wednesday's verdict comes after a judgment against Hynix in 2006 that resulted in a $133 million award to Rambus, Lavelle said, and potentially clears the way for Rambus to collect on that verdict.'"
April Fool's Day... (Score:5, Funny)
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If I were working for one of those companies, the first thing I'd do is declare bankruptcy. If all of the three manufacturers being sued all declared bankruptcy, the industry would plunge into chaos and the legislature would suddenly be getting tens of thousands of phone calls from everybody from Dell to Apple calling for patent reform, a huge government bailout, and a law invalidating Rambus's patents.
As for me, I will never, as long as I live, purchase any product manufactured by Rambus or any of its s
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It can be done.
I haven't bought any new RAM since 2002 (512 megabyte upgrade). It was hard but I feel proud of myself for staying strong & avoiding the temptation. Over two-thousand "junk free" days. Woot! As long as I "just say no" to my pimp, Mr Gates, I should be okay, but if I buy his Vista crak then I'll have no choice. I'll have to buy more RAM.
Stay strong brother.
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If you won't buy directly, then industry will partner with government and raise your taxes to buy the RAM.
IOW, you can get the RAM up front, or from the rear.
This is the ugly side-effect of centralized power.
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But I'm not sure why the government is going to force me to fork over dollars to buy a product I don't want. I'm happy with the 512M RAM I have now. What kinda politician would possibly do that???
Oh wait.
I forgot about Hillary. She wants me to pay premiums ($$$) for a product that I do not want (health insurance). Just great. Thanks. I wish the government would bugger off and let me decide *for myself* whether or not I want health insurance (I don't).
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I'd like to deny the government, by invoking the 10 Amendment to the Constitution, the right to sodomize my liberty, even under the aegis of "it's for my own good".
Re:April Fool's Day... (Score:4, Informative)
"I will never, as long as I live, purchase any product manufactured by Rambus or any of its subsidiaries" You won't because Rambus doesn't produce products that are sold on the market --- they do not produce.
"as soon as the dust settles and the industry has time to move to a Rambus-patent-free memory technology" The industry has been moving towards a Rambus-patent-heavier status, since SDRAM, DDR, DDR2 and DDR3. I hope given more time they will move even faster.
"that permanent blacklisting will be expanded to any products that license any technology from Rambus or any of its subsidiaries." You better giving up owning any product that uses DRAM legally and buying those product that infringing, given the outcome of the recent lawsuit --- really a nerd.
"I strongly urge everyone else on Slashdot to do the same." Doing what? sitting here LMAO about your posts?
Re:April Fool's Day... (Score:4, Informative)
You can't declare bankruptcy unless you're actually bankrupt.
As for me, I will never, as long as I live, purchase any product manufactured by Rambus or any of its subsidiaries,
You won't, since Rambus is just a patent troll company; they don't make products.
All it would take would be the wrath of geeks burying a single company to ensure that other companies think twice before adopting such sleazy, deplorable tactics.
Well, if you figure out how to destroy Rambus as a business, lots of people would like to know. Unfortunately, that's easier said than done.
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I'm pretty sure they do make products (Score:2)
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No, it isn't "every IP company", it's every IP company that abuses the patent system, which Rambus appears to have done.
instead of actually creating some new technology, which Rambus has done. Or have you forgotten products like PS3, which use RDRAM?
RDRAM was a failure, both commercially and in terms of performance.
Sorry, I don't see any ground breaking innovation from Rambus, just tinkering with fairly straightforward design tradeoffs,
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I think that information proposals to a standards committee should be assumed to be non-proprietary unless explicitly stated.
The correct action for the companies affected by this troll should simply to withdraw sale of any infringing
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As for me, I will never, as long as I live, purchase any product manufactured by Rambus or any of its subsidiaries, and as soon as the dust settles and the industry has time to move to a Rambus-patent-free memory technology, that permanent blacklisting will be expanded to any products that license any technology from Rambus or any of its subsidiaries.
Lets hope this is April fools day joke.
In any case, pretty easy to avoid Rambus memory products, too expensive and incompatible with the systems I like. Wi
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Might not be as easy as you think. SDRAM, for example, uses at least one patent held by Rambus. This, however, was known at the time and Rambus agreed to relatively light patent terms during the standard setting process. It still brings in millions though.
The issue here was Rambus, despite being a member of the standards body didn't disclose their patent as required by the terms to be part of
Re:April Fool's Day... (Score:4, Informative)
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Re:April Fool's Day... (Score:5, Insightful)
oh. right. carry on then.
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There's no possible way that Rambus could have been screwed over by what the government described as the largest illegal cartel in recent history. After all, their RAM boards were more expensive for the enthusiast!!
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Gerry
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You mean, like the US intelligence agencies and the white house?
Look at the date. Look at what is being discussed. You have a 5-digit id: you should know better than to look for serious social commentary in a Slashdot post slathered with sarcasm.
The ridiculousness of the situations we find ourselves seem endemic and pervasive. I don't mean to sound like a gibberish-spouting anarchist, but I can't help feeling like
Re:April Fool's Day... Well if it IS true, then (Score:2)
("UP BEHIND" IS a valid US Navy command to deck hands working lines or involved in Underway Replenishment operations.... I know, because it was used as late as 1984-86 when I was in the Deck force)
http://www.history.navy.mil/library/online/commands_order.htm [navy.mil]\
I just wonder if those companies will be able to "Walk Back Handsomely", hehehe
Eternity (Score:1)
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Re:The big joke (Score:5, Funny)
2. Don't deliver.
3. Let the
4. at about 12 noon... 5. OMGPONIES!!!
6. ???
7. OMGPONIES!!!
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bad.. (Score:1)
Re:bad.. (Score:5, Interesting)
Not quite. First of all, this is a hardware patent. Second, Rambus was an actual technology developer [slashdot.org]. Turns out that Rambus' competitors did price fixing [slashdot.org] to prevent Rambus memory tech from entering the market.
Now, I'm not saying the Rambus guys are poor victims [slashdot.org], IMO they're as guilty as the other companies, but I'm thinking that Intel and the others might be getting what they deserve. It's as if Rambus told them: you know the rules, and so do I [youtube.com]
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The problem was the major manufactures colluding to increase the price of DRAM and DDR DRAM.
RDRAM failed because it really didn't meet the needs of the time. Even with the DRAM price increases, RDRAM was too expensive and had too much latency.
Re:bad.. (Score:5, Informative)
From Wikipedia:
So, yes, this is a massive litigation war.
(April Fools: How about adding a little twist [youtube.com] to the current RickRolling tendency?
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Okay, We have price fixing to both increase the price of DDR SDRAM, and price fixing to kill RDRAM? They seem mutually exclusive to me.
From my memory, I think what killed RDRAM was that it cost substantially more than standard RAM, and benchmarking showed it was no better or worse on most tasks than SDRAM/DDR. Not to mention having uneven heat loads requiring heat spreaders to ensure you don't cook a portion of the memory chip.
Another point would be that Rambus killed itself by making licens
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RDRAM produced it's heat unevenly, whereas SDRAM and it's DDX equivalents produce it much more evenly. This resulted in a case where a single chip or even portion of a chip could be producing the majority of the heat in the RDRAM. The metal was to spread the heat out for dissipation.
I'm not 100% up on the market, but the spreaders/sinks on many memory sticks today are more for marketing gimmicks than for performance purposes. They look neat, so they make it onto sticks indended
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Comparable to firewire in some ways... (Score:2)
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While I agree that FireWire has more expensive licensing than USB, that's not the only reason USB is more popular. FireWire simply requires more expensive and physically/electrically larger hardware to implement, making it the wrong choice for low-performance devices (like consumer flash drives, your cell phone, etc.) regardless of licensing issues.
Not really (Score:5, Informative)
It's called a submarine patent. They call it that because it lurks there and lets you get all confident before it surfaces and torpedos your business.
Another company did this with .gif, and another with .jpg. In fact I doubt there are many accepted standards that lack these traps. The companies that participate in standards do their best to ensure their patented technologies are included in their standards.
The standards bodies have a term for this. They require not that the standards contain no patented content, but rather that licensing is available under terms that are "RAND": Reasonable and non discriminatory.
There can be no better example than the current hot topic, OOXML. MS has offered their "promise" that they won't sue people for using their specification for non commercial use under certain (unlikely) conditions. They won't even call it a license.
It's all a lie, of course. A corporation does not buy something so expensive as a submarine unless they have a plan to use it.
That's not the same thing as patent troll. A patent troll has no other business than patenting the obvious and suing people who follow the simplest path. While these patents are one clear answer to certain technical problems they are not the only obvious answer. Also, Rambus does have a legitimate business (or did).
Therefore it's not a patent troll, it's a submarine patent. I'll agree that it's despicable though.
At least submarining has now been sunk (Score:2)
Submarine patents were possible in the US due to, frankly, stupid rules where, IIRC, the patentor could continually tweak the patent to stop it being granted until they felt the time was right. It then had a life of (again, IIRC) 17 years from the date of grant.
Thankfully, the US caught up with the rest of the world a few years ago and changed their rules to m
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Actually, a submarine patent is one during the first 18 months of the approval process. During that time, the records are not publicized (for valid reasons including the ability to make a second attempt if you FUBAR your patent and national defense: not showing China how to make the nurse-shark mountable laser). Hence, during that time, you can actually man
Fool me once... (Score:5, Insightful)
Re:Fool me once... (Score:5, Insightful)
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To bad the ISO folks aren't reading this Slashdot artical.
M$XML is designed to do exactly this.
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Re:Fool me once... (Score:5, Interesting)
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Furthermore the OEM industry as a whole moved away from Rambus technology towards less patent-encumbered alternatives once the extent of the clusterfuck came to light.
And that is why I don't care whether or not OOXML gets adopted as an ISO standard, and skip the daily Slashdot stories about it, because it WILL get found out sooner or later that Microsoft's offering is useless garbage.
Bad faith, but good tech (Score:5, Interesting)
They totally fucked themselves by becoming a pariah in the standards push, but their technology is real and substantial. Their big problem (aside from the obvious bad choice to torpedo the standards committee) was that they didn't actually produce their own RAM for a long time. This gave the impression that they were just another patent bottom feeder when in actuality they were bringing good technology to the table.
Re:Bad faith, but good tech (Score:4, Informative)
Now the issue begins.
During the time that those two patents were hidden away in the patent office, Rambus attended the JEDEC committee meetings for standardizing SDRAM and DDR. They essentially sat there, silent, making the actively participating representatives nervous. Eventually there was a "put up or talk up" request issued to the Rambus people, and they walked out of the committee meetings.
Also during that time, they began writing continuations of the second in-office application, which was a continuation of the first application. With these continuations the examined the descriptive section of the first application (which isn't allowed to change on a continuation) and began extracting new claims which were precisely written against the emerging SDRAM and DDR standards.
Even though those features may have only been mentioned in passing, not taught in the original art.
Even though to one skilled in the art they were rather obvious.
The applications were granted, and that's the basis of the current mess.
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Re:Bad faith, but good tech (Score:4, Insightful)
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What next? (Score:2)
The only products listed on their website are:
# XDR [rambus.com]
# DDR
# RDRAM
# Custom Solutions
From their press releases, XDR seems like the only thing they're really selling.
What is next (Score:2)
I hear there's a new rambus memory tech in development for servers. It would be incredible except that rambus is a spinout of Intel. Read up on the Rambus history if you want to understand this.
Several companies do this. Executives from a group spin out in an entrepeneurial venture. Then they build their businesses on technologies they worked on in their parent companies.
Eventually the spinout gets bought back in for huge profits for the executives involved.
For HP this has evolved into an unofficial
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Well.... (Score:1)
Looks like it's time for a new tag (Score:2)
As in, surely it's an April Fool's joke! Except it's not!
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Thanks for the reminder. Looks like it actually took, too.
Ok ponies or not (Score:1)
It's after 2 AM EDT.... (Score:1)
Sue the standards committee next (Score:5, Insightful)
Hynix, Micron, and Nanya should sue the standards committee over this. Maybe that would force all standards committees to proactively get every participant to sign over all patent rights to participate in the standards process. Those companies that want to not do that would have to sit out.
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Honestly, I'd like to see those patents surrendered to JEDEC or the IEEE a
Subverting standards organizations.... (Score:5, Funny)
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Amazing a real story on april fools day (Score:1)
Sad but true.
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A poor portent (Score:2)
This is a poor portent for standards bodies generally. Microsoft (like Rambus) perfectly understood what these bodies are about and have sought to subvert ISO for their benefit. Unlike Rambus, they aren't seeking to collect extortion payments, merely to cement their monopoly. Both distasteful though.
juries (Score:5, Insightful)
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1) Was Rambus involved in the standards process?
If not, then while there's an issue of if the patents should have been granted in the first place (and I don't agree with this, but think it's the case), I think they'd be in the clear as far as this particular jury would be concerned.... with the exception being if the patents were submitted AFTER the standard was publis
Gee, thanks, Rambus! (Score:2)
April Fool's? (Score:2)
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I am getting old (Score:2)
Go Los Altos Eagles!
outrageous (Score:2)
Thanks heavens you could not get away with it these days!
Is anybody realized surprised that a panel of jurors could not understand the purpose and nature of a standards body? - if you treated it as a straight patent dispute Rambus were always going to win all the way. In fact I find it hard to see exactly what laws they were alleged to of bro
So people will cheat (Score:2)
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Try: using the patents they mendaciously pursued while helpfully making them a standard. Refuse to pay royalties. Refuse after they file suit. Refuse to pay damages after a court awards them your money. Refuse to go to jail. Refuse the armed and armored cops entry to your house. Resist arrest. Be shot. Die. You see, rich white men CAN kill you as dead as the scary poor negroes
I predict hasty work arounds (Score:2)
RAM, Bus, hot oil... (Score:2, Funny)
Scum (Score:2)
A joke or not and all other things aside (Score:5, Insightful)
The fact is that modern DDR/DDR2 DRAM uses much of RAMBUS' original design elements. Hynix, Micron, Samsung... they all colluded together in an illegal fashion to keep RAMBUS scarce (and thus more expensive) and to steal the technology to implement the next DRAM standard. They were all convicted on criminal charges related to this and DRAM price fixing and most of the companies not only pled guilty, but paid huge fines for it. I think most of the ill-will for RAMBUS comes from the Intel agreement, which was rightfully maligned as a bad thing but has nothing to do with the patent infringement case.
Let's say you are a small inventor who has come up with a new RAM technology. Now let's say you join the standards committee and offer up your new technology for the next standard under RAND (Reasonable and Non-Discriminatory licensing) terms. Instead of accepting your tech for the standard, the big players all rip it off and tell you to go get a lawyer if you don't like it. What would you do? Sit back and take it? You don't have the resources to open up a fab and make it yourself. You did all the research and hard work, you own the patents, but the big boys don't care - they're using your tech anyway. Not a good situation to be in and I don't blame RAMBUS one bit for doing what they can to get some justice.
That's not how it happened (Score:2)
JEDEC has strict rules that everyone involved must disclose any patents that may be relevent to the standards they are working toward so that those issues can be dealt with before a standard is decided on. Rambus had some memory patents that had been filed but not issued. Rambus disclosed none of those. Then, as they attended and gathered information abo
Fine, I'll put my links where your mouth is. (Score:2)
There ya go, links, information, etc.
gee I couldn't be happier (Score:2)
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Re:Sigh (Score:4, Insightful)
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That will never fly with investors. Economics has no use of logical thinking, what matters is the black number on the bottom of the sheet.
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