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Aug 2 2006 9:00AM | Permalink |Email this|Comments (3) |
The Federal Trade Commission (FTC) dealt a blow to Rambus’ strategy of DRAM patent licensing and litigation. In a 5-0 vote, the FTC ruled today that Rambus hid patents from JEDEC ( now the Solid State Technology Association and formerly the Joint Electronic Device Engineering Council) in its standard-setting deliberations. In short, JEDEC ratified standards based on Rambus technology without knowing it. If the FTC’s ruling holds up, it promises to throw expensive litigation and judgments in Rambus’ favor into question. The company has won almost $1 billion worth of patent infringement judgments against Hynix, Micron, Elpida and Infineon. Rambus said it will appeal.
The ruling – very harsh in its language – is a stinging rebuke for Rambus. “Rambus’ abuse of JEDEC’s standard-setting process was intentional, inappropriate, and injurious to competition and consumers alike," FTC Commissioner Jon Leibowitz wrote. Put another way, colleague Tam Harbert who’s closely followed The Rambus Wars for EB says the company’s legal troubles makes “your head spin.” Rambus is also under-investigation for backdating stock options.
Harbert says the FTC decision was something of a surprise because some previous rulings related to this investigation had gone Rambus' way. Don’t count Rambus out, though. This is a company that has initiated lawsuits that have lasted for years and today’s setback is one twist in a long and winding road. Is Rambus as devious as the FTC would suggest? When I profiled a rebounding Micron in the April issue, we received several letters excoriating Micron CEO Steve Appleton for DRAM price-fixing (of which Micron admitted to) and saying that we did not give enough of Rambus’ side of the story. Today, Micron wasted no time issuing a press release today stating it “applauded” the FTC’s ruling and that Rambus used illegal means to “injure” Micron.Another dreary day in the life of the DRAM business.