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Jury to judge Rambus fraud charge

As Infineon's anti-trust claims thrown out

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Rambus vs Infineon Judge Robert E Payne yesterday dismissed Infineon's claims that Rambus had violated anti-trust law, but allowed the chip maker to pursue its allegation that Rambus had committed fraud.

The trial is expected to go to the jury this week, though the fraud charge is now the only remaining allegation its members will have to consider.

The irony is that Rambus, the company that initiated the legal action, is the only one left with charges to answer.

Early last week, Judge Payne threw out all but three of the patent infringement allegations the memory technology developer had made against Infineon, and then dismissed the remaining three on Friday.

Rambus has said it will appeal against the decision, which is feels to be unfair because of the degree to which the Judge limited its claim in his Markman ruling. A Markman ruling is a key part of any patent infringement case. Essentially, it defines the parameters of the possible violation.

First, it has to face Infineon's counter claim that it transgressed the US Racketeer Influenced and Corrupt Organisations Act. The chip maker's claim is based on evidence that Rambus concealed its SDRAM intellectual property from the semiconductor industry's standards watchdog, JEDEC. At the time, JEDEC was putting together a standard specification for SDRAM.

Whatever the outcome of this case, Rambus will pursue parallel actions against Micron and Hynundai, and another action against Infineon, in Germany. ®

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