Sorry. I gotta take this one on point by point. The average person's hate for Rambus is often VERY misplaced (and in some cases flat out wrong).
Keep one thing in mind when reading this. I've been following the Rambus v. JEDEC trials/legal proceedings VERY closely for YEARS now. I have read just about every document there is to read on the subject. I can provide you with links to just about anything I state in any of my posts.
Most of all, try to understand that I support Rambus because I truly believe they are the REAL innovative force behind the memory industry, and they should be recognized as such. They've proven themselves to be the smallest, MOST EFFICIENT memory technology developer of our time. If you refuse to recognize that, then just give up reading anything I post.
Now, on with the show:
Yes, I realize that they're an intellectual property company. OTHER PEOPLE'S intellectual property, in some cases.
Not according to the CAFC.
The vast majority of companies do things that are reprehensible, but what I dislike so much about Rambus is that they did it so plainly and everyone coudl see what they did--which is why I draw attention to it now. They sat in on the JEDEC meetings, listened to the proposed specs for next generation RAM that other people developed, then they went and patented those technologies.
Again, wrong.
This isn't what happened at all. Read the entire court text. I've been following these cases for years.
What happened was:
1. Rambus was INVITED to JEDEC. They didn't seek membership.
2. JEDEC sat in on committee meetings. This made several JEDEC members nervous, particularly Micron.
3. They realized that they ALREADY owned the patents to the signaling technologies they were discussing (FACT: These meetings happened in 1992, Rambus filed for these patents in 1990.)
4. Realizing that they had a potential gold mine, they quietly left JEDEC... and this is an important point:
THEY LEFT JEDEC BEFORE ANY SDRAM TECHNOLOGIES WERE RATIFIED AS A STANDARD. Hey, if it were MY standard, and I did the engineering and research into it, I'd have done the same thing. I'm in business to make money, not satisfy an open standards committee with free engineering.
Now, fast forward to the initial Rambus vs. Infineon trial...
Rambus' entire case hinged on one thing: The definition of a bus, since this is what was in dispute with regards to SDRAM's signaling technology. Rambus had filed for the patent in 1990, well before this lawsuit (or even JEDEC itself) was relevant. The initial "Markman ruling" ruled in Rambus' favor, but SOMEHOW, infineon's lawyers managed to get Judge Payne to THROW OUT the markman rulilng that defined Rambus' definition of a bus.
This means that Rambus had no way to define their technology at trial. The fact that they innovated this bus technology back in 1990 had no bearing, and the jury couldn't hear it because the judge ordered the Markman ruling as inadmissible. In effect, Rambus was ROBBED.
Watch a few Legal dramas on TV. You'll realize that a Lawyer's biggest job when defending a guilty client is to SUPPRESS VALID EVIDENCE, and KEEP IT FROM THE JURY. This is EXACTLY what Infineon's lawyers did to Rambus when they got Judge Payne to overturn the markman ruling that defined Rambus' own definition of a bus back in 1990.
So here's the BS reasons why Rambus lost their trial and were convicted of fraud:
1. Rambus couldn't use their definition of a bus (which was established in 1990 via a patent application)
2. Because they couldn't use their idea of a "bus", they had no way to defend against Infineon's claim of sitting in JEDEC meetings and patenting technologies (technologies it *ALREADY OWNED!*)
3. All the jury could hear was that Rambus sat in JEDEC meetings and wrote up patents to that effect.
The trial all boiled down to who had the better lawyers. Hell, infineon had Ken Starr. Remember him? The guy who investigated Clinton when he took that BJ from ole Monica?
I'm personally HAPPY that the CAFC recognized this gross error and overturned the ruling 100%. Again, this was NO small ruling. It was a 100 percent reversal of the lower court's ruling. Not a partial reversal. A full 100% reversal.
They abused their position on the board that establishes standards.
No, they LEFT JEDEC so they WOULDN'T do so, on the advice of their own lawyers. Rambus had NO WAY of knowing what JEDEC would ultimate ratify since that didn't happen until well AFTER rambus left JEDEC. But hey. Since Rambus is loaded with engineers, they were certainly capable of making a VERY educated guess. This made Rambus the SMARTER company.
What would you think if a company that sits in on the World Wide Web Consortium went and patented a technology that they had no position in developing, just that they were the first one to do it? Any web browser that wanted to render the new standard would be forced to pay royalties somehow.
Then the W3 consortium would have to PROVE in COURT that the patents weren't pre-existing, possibly involving some legal maneuver of the markman ruling I outlined before.
Better question: Would the w3 consortium be STUPID enough to invite an intellectual property firm to an open standards committee? JEDEC was
The LAW isn't always right. I don't want to get into a legal debate, but they exploited a loophole in the system and won.
Hmmmm. Filed for patent in 1990. SDRAM standards ratified years later. Does this loophole involve Time Travel?
They got off on a technicality, essentially.
What technicality is this?
They're the business equivalent of the murderer who gets off because the police didn't collect the weapon properly or didn't fully read him his rights.
SILLY!
That's shady and underhanded, and I refuse to buy products designed by them. That's my choice and I don't understand why I'm getting ragged on so much.
Becaue your assumption is wrong, that's all.
Oh, one other thing that you probably won't like one bit: If you purchase memory made by anyone other than Infineon, Micron or Hynix, then you're ALREADY paying Rambus royalties. Samsung, Elpida, Toshiba, Hitachi and the rest of the big memory manufacturers ALREADY recognize Rambus as the legitimate owners of SDRAM and DDR and pay them a 3% royalty on every chip manufactured. Sorry!
If you want to support DDR and NOT support Rambus, then you will have to limit your memory purchases to one of those 3 failing memory manufacturers :0