Rambus Loses Another Patent Ruling For Misconduct

Tue, Apr 22nd 2008 4:06pm

Filed Under:
antitrust, ftc, monopolies, patents, standards

Companies:
ftc, rambus

5 Comments | Leave a Comment..

Court Overturns FTC Ruling Against Rambus

from the bad-news-all-around dept

We've been covering the story of Rambus' tricks to get itself a patent that covered a standard by sitting in on standards meetings and then modifying its patents to cover the standard. The rulings on the various lawsuits have gone back and forth on this, and while Rambus has had some wins and some losses in court, last year the FTC stepped in and smacked the company down, noting that it had used questionable means to get itself an effective monopoly on the memory market. Unfortunately, that FTC ruling has now been overturned by an appeals court that said the FTC failed to show evidence of a monopoly. This is unfortunate for a variety of reasons. If the FTC's ruling had been allowed to stand, it would have shown how an ill-gotten patent would be the equivalent of an illegal monopoly. That seems like the proper result, as a patent clearly is a government granted monopoly. So, if the patent is gained through questionable means, then that monopoly should be considered an illegal monopoly. Unfortunately the appeals court disagreed, and that will make us all worse off, as it will give the government fewer tools to crack down on abusers of the patent system.

Legal Issues

Thu, Mar 27th 2008 12:50am

Filed Under:
appeals, dram, patents, standards bodies

Companies:
rambus

34 Comments | Leave a Comment..

Jury Has No Problem With Rambus Patent Tricks; But Let's Wait For The Appeal

from the ain't-over-yet dept

Rambus really is a fascinating company. Almost no one denies that it pulled some sneaky tricks in making sure that they had patents that covered a DRAM standard -- but the question was whether or not those tricks were actually illegal. The EU and the FTC both decided that Rambus' actions were illegal, but the company just kept hiring lawyers and has now convinced a jury it did nothing wrong. This isn't a surprise as juries almost always side with patent holders, in part due to the great American myth that a patent is a wonderful thing not to be questioned. But, Rambus is extremely premature in announcing: "This ruling should put to rest a series of ongoing allegations Rambus has endured for many years." Hardly. There will be appeals that are going to drag this out even longer. In the meantime, we fully expect angry Rambus investors to complain about this post again as they've done in the past. After that post, someone sent me an angry email saying that I had been reported to both Rambus and the feds for slander. I'm still waiting for the lawsuit.

Legal Issues

Thu, Aug 23rd 2007 3:37pm

Filed Under:
eu, patent ambush, patents, standards

Companies:
rambus

9 Comments | Leave a Comment..

EU Tests Out Its New 'Patent Ambush' Antitrust Law On Rambus

from the patent-ambush-indeed dept

Rambus has been involved in a whole series of lawsuits concerning its patents. If you don't recall, the company has been accused of sitting in on meetings for a standards body and then modifying its patent applications to cover technology included in the standard. Of course, once the patents were granted and the standards were set, Rambus basically went after everyone demanding licensing fees. The case has gone back and forth over the years in courts and in the US Federal Trade Commission -- who ruled that these actions were a violation of antitrust law. Over in Europe, it seems that officials feel that this is the perfect test case for a new kind of antitrust violation: "patent ambush." It's nice to see regulators realizing that abuse of patents should be considered an antitrust violation. Hopefully we'll see more of that going forward. Rambus, of course, claims this is nothing new, but it can't be good for them. In the meantime, as always when we post about Rambus, we wonder how long it will take for the company's stock holders to trash us for daring to question the company. Last time we wrote something negative about the company we got an email saying that "the authorities" had been alerted to our post. We wonder if "the authorities" have been alerted about the awful things European Union regulators are saying about Rambus as well.

(Mis)Uses of Technology

Tue, Aug 7th 2007 1:53pm

Filed Under:
message board

Companies:
rambus