Originally posted by: SSSnail
Originally posted by: Azurik
Originally posted by: SSSnail
People were banking on Rambus winning the suits and possibilities of acquiring others on the cheap. Unfortunately, if you destroy documents that's pertinent to the case prior to the suit, you will NEVER win. It goes against discovery rules, therefore you lose, and will continue losing.
Sorry, I disagree.
Virtually all corporate companies have a document retention policy. They keep what is only needed. There's testimony on record that this is quite normal. When you file for litigation is when all people should be notified to retain their documents. They were not suing anyone during their shrewd days.
It has been ruled by multiple court venues that Rambus did not engage in spoilation, and that they document shredding policy falls within normal guidelines. This judge
completely goes against all the rulings Rambus has thus far and I will be highly interested to see what Judge Whyte will have to say about this.
You are right in that respect that most companies have a document retention policy, however, if you destroy documents that opposing counsels deem necessary to the case, and you're unable to produce, it shows bad faith as the case here.
Neither of us have the details on what was destroyed, when, and anything else intimate surrounding the matter discussed, therefore I won't argue whether Rambus engaged in any evidence spoliation. What I said is usually the deciding factor in patent infringement or IP theft cases, if you take someone to court, you best have any and all evidence, electronics or otherwise, to represent your facts.
Usually, it's the other side that's caught with their pants down.
SSSnail, I agree with your last post completely. What you said is right. What I don't think you realize (and probably because you haven't followed the court cases and filings), is that RMBS has been exonerated of all spoilation (ie destruction) of documents. In their conduct case against Hynix in 2006 and again on the CADC appeal of the FTC case, it was decided that yes, Rambus destroyed documents, but no, they did not target specific litigation materials to destroy. Their behavior was found to be consistent, both in terms of what to destroy and the quantity being destroyed, to be completely normal.
The judge is Delaware completely ignores this, and goes out to be overly harsh in her spoilation opinion. She (nor can Micron) name a document that Rambus has, but can't produce - but rather, she is stating that Rambus should have kept their documents dating back before they were in court, they should have done it when they could have "reasonably" expected litigation to start. The term reasonably is highly subjective, and she even states that there is no prior case law in her district supporting this (she is the first).
Rambus has lost before. They lost in Virginia. They lost to the FTC. But the fact is, they have WON on every single appeal of their losses. And NONE of their wins have been overturned.
I'm sorry to be so emphatic, but her opinion runs against what has been already decided long ago by other courts. It is completely opposite of Judge Whyte's ruling of no spoilation in 2006. Guess who is leading the trial in California this month? He is. I am sure he is not too happy about her ruling going against his right now. He stated back then that he wasn't sure why Judge Robinson (the Delaware court judge) was taking so long with her ruling and it concerned him. To put out her ruling on the eve of two massive court cases is suspect. She wrapped up this trial long ago and waited only until now to release her opinion?
If you think I'm being biased because I have a sizable investment in Rambus, I might be biased, but not without reason. People, this ruling MAKES NO SENSE. We are also talking about a judge who has been reversed over 100 times, 36 or so were patent cases. She has been reversed several times this year already. She was appointed in 1988 by Bush Sr. Dismissal of a claim for spoilation is rare and only when egregious. Even if she found spoilation, I think she overstepped her boundaries. Other courts look for lesser sanctions. This can't be considered egregious as no other courts have spoilation at all.
I'm calling it a night. If I lash out too strongly, I'm sorry. Not meant at any members of ATOT. It's not everyday you see the value of your portfolio go down $50,000.
On the bright side, I'm still up on RMBS overall, it did go up close to 300% in the past two months, but it doesn't erase the fact that this ruling wiped out about a month's worth of gains on this stock.