Rambus Gets Nothing in Suit Against Rivals
Three jurors, all older women, said that they didn't agree with the verdict, with one interjecting "no!"
Cynthia Foster
The Recorder
November 16, 2011
SAN FRANCISCO — Nine jurors agreed that semiconductor-makers Hynix and Micron didn't conspire to force Sunnyvale-based technology licensing company Rambus out of the high-speed computer memory business. Rambus had asked for $3.85 billion.
After deliberating for almost two months, the San Francisco jury rejected all of Rambus Inc.'s claims Wednesday morning.
Initially appearing shocked] "We're very pleased," said Hynix lawyer Kenneth Nissly, of O'Melveny & Myers. "Rambus was not able to prove its allegations. There was no conspiracy."
Jurors declined to talk to reporters, but were polled before leaving court at Rambus' request. Three jurors, all older women, said that they didn't agree with the verdict, with one interjecting "no!" when San Francisco Superior Court Judge James McBride asked her if it was her true verdict.
"All of you are winners," she said to the lawyers on both sides when she filed out of the courtroom.
Rambus General Counsel Thomas Lavelle said he was disappointed in the jury's verdict and that he's currently analyzing avenues for appeal. One possibility is McBride's ruling that price-fixing in this case would be governed by the rule of reason rather than considered a per se violation of the law. Lavelle said this decision is unusual.
"I have never seen a price-fixing case where it wasn't a per se case," he said.
Rambus accused its competitors of colluding with manufacturers of digital memory and computer processors to make Rambus' proprietary RDRAM less attractive to manufacturers. They did that, Rambus said, by limiting supplies of RDRAM chips, which drove up prices, making the new technology less attractive to manufacturers like Intel Corp. Micron Technology Inc. and Hynix Semiconductor Inc. said that the RDRAM chips failed to gain market share because they were slow and prone to overheating.
Sedgwick antitrust partner Paul Riehle, who's not involved in the matter, said he believes the two-month deliberation is among the longest ever in a state civil trial, and that the length of deliberations makes the verdict a "shocker."
"When a jury deliberates for that long, often you think that they're trying to come up with a number," he said. "It's surprising to see a jury deliberate that long and end up with a defense verdict."