So Rambus gets away with it. Read the dissenting opinion, it will make you sick. Here:
About 2/3 of the way down
Rambus did not, in fact, inform anyone at JEDEC about its pending patent applications by the end of 1992. Instead, Rambus continued to attend JEDEC meetings for three more years, watching the SDRAM standard evolve and then amending its patent applications to try to cover features of the standard. Richard Crisp, Rambus?s JEDEC representative, testified at trial about how ?Rambus was intentionally drafting claims to intentionally cover the JEDEC SDRAMs?:
[Y]ou?ll agree as an initial matter, right, that over the years ?92, ?93, ?94 and ?95 while you were attending meetings, JEDEC meetings for Rambus, at least during a portion of that time you were also working with the Rambus patent lawyers to change the claims in these applications? Right?
A. Yes.
Q. And you?ll agree, won?t you, sir, that at least on some occasions you went to a JEDEC meeting and then met with the Rambus patent lawyer? Right?
A. Yes. That?s right.
Q. And you?ll agree, won?t you, that in the meetings you had with Rambus patent lawyers after a JEDEC meeting, that one source of the information for changing the Rambus patent claims was what you had seen at JEDEC with respect to the SDRAM standardization? Right?
A. Yes. That?s right.
* * *
Q. And what you did in those meetings was work on new claims for the Rambus pending patent applications, and your intent was to make them broad enough that they would cover an SDRAM using the features that you had seen at the prior meetings. Isn?t that a fact?
A. In some cases that was true.
The record is replete with additional and specific instances of Rambus employees attending JEDEC meetings, taking notes of what was discussed, identifying instances where Rambus already had claims covering what was discussed, and then seeking claims to cover what they learned at the JEDEC meetings. Yet Rambus ?did not tell the people at JEDEC that what they were proposing for standardization infringed [its] patents.? Instead, after considering whether to ?walk into the next JEDEC meeting and simply provide a list of patent numbers which have issued,? Rambus concluded that it was better to remain silent because ?we may not want to make it easy for all to figure out what we have, especially if nothing looks really strong.? Rambus was even advised by its patent attorneys ?to stop attending JEDEC? and that ?if you go to the JEDEC meetings and stay silent and don?t do anything else, you still have a risk that your patents will be unenforceable if you let the standard go forward and you don?t tell them you have patents.? Rambus was explicitly warned in 1992 that ?you cannot mislead JEDEC into thinking that Rambus will not enforce its patent.?