Sunday, January 21, 2007


Found a great bit on Rambus and the corrupt d-wads at the FTC.
A Primer for the "New Folks"
Perspective on FTC v. Rambus According to FTC protocol, an independent, impartial administrative law judge (ALJ) is appointed to investigate antitrust complaints and render “initial decisions”. The ALJ’s initial decisions are then reviewed by the FTC’s five commissioners who form and ratify “opinions”. The commission’s opinions can then be appealed at the federal court level. In Rambus’ case, ALJ Stephen J. McGuire conducted a two-year, exhaustive investigation and handed down one of the most comprehensive initial decisions in FTC history (330 pages) entirely in favor of Rambus. The decision also added to the powerful ruling favoring Rambus that the Court of Appeals for the Federal Circuit (CAFC) handed down in January 2003, a ruling that was later supported by the U.S. Supreme Court. My understanding is that the FTC commissioners cannot disregard the ALJ’s findings of fact, rationale, and conclusions; nor can they ignore volumes of evidence; nor can they invalidate the favorable rulings of the CAFC and the U.S. Supreme Court. This is why I believe the FTC’s wayward opinion has merely delayed the inevitable. Incredulous FTC Chicanery !!!!

The article finishes with:
Rambus is a profitable, up-and-coming company, which is now managed by experienced, former Intel veterans: Harold Hughes, CEO; Satish Rishi, CFO; and Thomas R. Lavelle, General Council. Not only is Rambus registered at the U.S. Patent Office as the owner of past (SDRAM) and present (DDR2) computer memroy technologies, the company is also ostensibly well ahead of the curve in having patented the memory technologies of the future (XDR). In my opinion, the ploy of Micron, Hynix, and Samsung to delay the inevitable through the manipulation of the FTC appears to have run its course. I think the clock is now ticking against them. Evidently, these manufacturers will soon be faced with an antitrust suit that carries a liability in the billions of dollars. In addition, if Rambus is put into a position where it must appeal the FTC opinion, Micron, Hynix and Samsung will be confronted with a likely reversal by the CAFC. Regarding what is forthcoming, a reasonable person would expect that the commissioners will leave Rambus’ DDR2 technology out of their remedy opinion because (1) DDR2 is an entirely different innovation that cannot be reverse-engineered, and (2) it was adopted by the industry at a time not relevent to the FTC’s complaint. However, from experience, we cannot count on what is reasonable or lawful. During the past four years, the FTC‘s actions have been unreasonable and unlawful—indeed disgraceful—vis-à-vis our federal court system. It wouldn’t be the first time the FTC fails to apply “law or logic”.


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