Not so dead, *dead*, DEAD!

D

David Kanter

Rambus has PCIe products, and I know for a fact that there is at least
There's no mention of any "major graphics" supplier there. From what I see
they seem to be present as an embedded(?) PHY supplier and if it works and
the price is reasonable, good luck to them. Let them compete with the
others in that market.

My point was that a major graphics chipset company is using their PHY,
which probably means that they do a good job. Obviously, both ATI and
NVidia have good engineers, yet one of them decided to work with
rambus...
What do you not understand about info from inside Intel to do with
"designing" How could you possibly take that to mean anything to do with
stock value? "Negative margins" was a reference to the timings of the
DRDRAM channel as recounted by a former Intel employee. I can give a
reference but if you're too lazy.........

Interesting. Well I'm sure you know what gross margins and net margins
are....if those margins are negative, they would be "negative margins".
My apologies for misinterpreting.
You know you need to get a grip David, and quit firing off knee-jerk junk
posts -- two to one of mine is hardly reasonable. I'm not going to bother
even reading the first one in this series.

My newsreader (google groups) had some issues, my apologies.
I thought we lived in a captalist system - mfrs have the right to pick &
choose the technology they adopt.

Individually, but not as a cartel. There are restrictions on how
groups of companies can behave.
If I'm the only guy selling something
I'd figure I have a right to charge whatever the market will bear; if the
market is short of something, like e.g. refined petroleum, you pay more.
Rambus' whinging on this issue is pathetic; one assumes they must
fab-outsource for prototype parts - let them do similarly for production...
or build a fab. They have been documented as behaving unethically in
business

Hardly worse than anyone else in the DRAM business...
- people would rather not have done business with them... that's
how it works. So Samsung copped a plea to end the angst... BFD... but
another enemy for Rambus... the only "friend" they had in the memory
business.
50:4 is a poor ratio by any standards - at that level it reeks of a
plundering exercise gone wrong.

As I said before, that's a LAWYER issue, not a technology/patenting
issue.
They should have been censured for wasting
the court's time with frivolous claims - in many cases a court would have
been correct in rejecting the whole 50, on principle.
Uh?


Facts are facts. The courts are there to hopefully correct the
inadequacies/incomptence of the patent system. If a court will not stand
behind a claim the validity of the patent is certainly in doubt. D'oh, it
cannot be enforced.

Invalid patent --> no violations, yet somehow you think this goes the
other way? That makes no sense. How do you know the defendents didn't
just show noninfringement? I don't seem to recall the courts finding
the patents invalid...

DK
 
D

David Kanter

Boutique products tend to cost more. A manufacturer of any ilk has the
right to say to someone who wants to sell them a "new idea": "no thanks, we
don't like it - go away". As a sole supplier Samsung had the right to
charge what it wanted -- that's how supply/demand works -- and, despite its
reputation for semiconductor R&D excellence, it *did* have trouble making
the stuff as evidenced by the situation Dell and its customers found
themselves in.

Samsung wasn't the sole supplier; Toshiba also supplied DRD for the
PS2.
People take plea bargains all the time... avoids the uncertainty and all
the reversals & appeals process of court time.

I agree that some few innocent people plead guilty, but my initial
expectation is that if you plead guilty, you're guilty. I have found
no evidence otherwise...
Rambus was *not* *in* "the DRAM market". If Rambus really had wanted to
enter it, they were free to do as any number of other fabless companies do
with a "better idea"... or find a better class of VC to fund a fab.
Instead they were intent on hijacking it with a per chip tax. Now tell me
you wouldn't say the same to someone who wanted to elbow his way into your
product market.

Of course I'd tell them to crawl in a corner and rot. However, when I
decided to take measures against them I'd probably try for legal
behavior.
I'm err, pretty confident I have it right.:p

So, I guess I'd like to hear you predict how the DRAM cases will all
turn out then? What will you say when more DRAM manufacturers
get...convicted or plea guilty to various illegalities?

I can certainly accept a difference of opinion, but I'd like to be able
to hold you to your confidence in a years time or so.
Umm.... HOSS-SHIT!

We're losing money, so we therefore have the right to do something
illegal to prevent more losses...that sure isn't justifiable in any
sense. If you're losing money, and someone comes along with a better
product, then you deal with it or go bankrupt (unless you're an
airline...I guess).
Yeah puir wee things:) - they should have done as Rambus and left the
chicanery, document shredding and email deletions to the legal dept.:)

I don't see you disputing my point. And yes, if they were losing money
they should have merged or gone bankrupt.
A per chip tax is/was absurd on a commodity part. Would Rambus have
consented to a negative tax when DRAMs sell below cost?... which happens
pretty regularly.

What is RAND considered to be? 1%? How much more did Rambus want than
what is considered to be RAND?
Well that's precisely my point!! Sounds a bit fishy to me: give it away to
one guy... charge his neighbor an arm & a leg. Is that legal?... ethical?

It's absolutely legal. Think of all those magazines that provide free
subscriptions if you're a reader they want (like say CIO magazine),
those are perfectly legal. This is no different.
C'mon, at $4. a share it was a no brainer - the beast was only wounded.

I wish I had : ) But Rambus isn't a stock I'm actively watching...too
volatile for anything long term.

DK
 
G

George Macdonald

A count down register is a standard device and is not patentable as
such. But say someone you for example, invents a new way to do
something by using a programmable counter. Say it is a way to
automatically parallelize scalar code at run time, for argument's sake.
And one of the ways to implement your invention employs a count-down
register. Should your invention be not patentable because it uses
something that is common knowledge? Or is the fact that a piece of
common circuitry is used be irrelevant?

But when does it become an invention and what is it that defines that
invention? Synchronous buses have been around for a long, long time and
the counter here is used as a latency trigger between the device and the
bus; if I use such a counter in a bus-attached device how narrowly to you
have to define the device *my* patent covers? According to Rambus' claims
they want it to be very specific; OTOH in other cases, like DDR, they want
things to be defined very broadly - they want it both ways, all ways, up &
down and sideways.
To carry what seems to be many
folks problem to an extreme, these circuits are all built out of
transistors, and transistors have been around for years so circuits
aren't patentable? No rational person would say that. So why would a
rational person like yourself say "it uses a counter. counters are well
known. therefore it is not patentable"?

Well that's not exactly what I said of course. My issue is that because
they used a counter in a certain way with *their* memory design, they want
to prevent anybody from using it in *any* memory design.

As you say, that transistor extrapolation *is* an extreme example. How
about the guy who invented the eraser tipped pencil - denied because it was
a combination of existing known inventions? The rules have been
changed?... yes I know, and at one time you could not patent an "idea". In
fact the old rules were better before they got perverted by... lawyers. I
guess your answer is you support Rambus here?
The issue in DDR I would venture is knowing when to sample the incoming
data. This information was formerly provided by a clock edge. If it
isn't then how do you figure it out? Is the diclosed apparatus or
method novel and not obvious to one "skilled in the art" (this does not
mean an expert by the way)?

But DDR still uses clock edges. Correct me if I'm wrong -- I'm not an
expert -- but the popular view that it uses falling as well as rising edges
is just not true; in fact what it does is use dual differential strobe
clocks (same speed as the base clock), which are out of phase by 180
degrees. The only public docs I've found on this -- the AGP specs -- seem
to leave it up to the designer on how to implement this, e.g. using the
rising edge of both clocks or using the cross-over, which would seem to
leave some room for invention circuitwise... but RMBS wants to own the idea
or concept... in essence, they own the oscillographs?
Do they "own" DDR signaling on all interfaces? Memory Interfaces? No
Interfaces? Do they own a particular style of signaling on some devices?

You tell me - that's what I was asking. They've been quoted as saying they
want it all. Rambus used DDR in their *serial* DRDRAM memory interface.
Should they have been allowed to submarine this into the *parallel*
DDR-SDRAM interface?... and the ATA/SATA interfaces and..... Micron also
has patents granted on this stuff too for DDR-SDRAM. said:
The ownership of IP developed under government or academic funding is a
subject of negotiation. The existence of such IP is obvious. Through
your elected representatives NSF or DARPA or University policies towards
ownership of IP can be changed, if there is a concensus that they should
be.

Leave it up to politicians, bureaucrats and lawyers - I guess we're going
to need a helluva lot more bureaucrats and especially lawyers... not a good
answer from my POV.
You really shouldn't use such loaded terms as "hold industry for
ransom".

But that's what they tried to do - I call a spade a spade - nothing loaded
about it. When Mr. K was leading the charge they were scumbags.... any
clearer?
If someone invents something they, or someone like their
employer, are legally entitled to the benefits of that invention.

Have you ever checked out the insider trading records for RMBS?
BENEFITs??... aplenty I believe!
The
fact that it is inconvenient for someone else is of limited relevance.
CDMA is patented and it is inconvenient to some folks in the Cell Phone
equipment industry but you don't seem to be upset over that.

Oh I've brought up Qualcomm in the same err, breath as Rambus right in this
NG. Their overt double charging for IP was fraudulent... which IINM was
well settled in the TI case. So they too are working a broken patent
system.<shrug> A monument to Jerome Lemelson?:)
 
D

Del Cecchi

George Macdonald said:
But when does it become an invention and what is it that defines that
invention? Synchronous buses have been around for a long, long time
and
the counter here is used as a latency trigger between the device and
the
bus; if I use such a counter in a bus-attached device how narrowly to
you
have to define the device *my* patent covers? According to Rambus'
claims
they want it to be very specific; OTOH in other cases, like DDR, they
want
things to be defined very broadly - they want it both ways, all ways,
up &
down and sideways.


Well that's not exactly what I said of course. My issue is that
because
they used a counter in a certain way with *their* memory design, they
want
to prevent anybody from using it in *any* memory design.

As you say, that transistor extrapolation *is* an extreme example. How
about the guy who invented the eraser tipped pencil - denied because it
was
a combination of existing known inventions? The rules have been
changed?... yes I know, and at one time you could not patent an "idea".
In
fact the old rules were better before they got perverted by... lawyers.
I
guess your answer is you support Rambus here?


But DDR still uses clock edges. Correct me if I'm wrong -- I'm not an
expert -- but the popular view that it uses falling as well as rising
edges
is just not true; in fact what it does is use dual differential strobe
clocks (same speed as the base clock), which are out of phase by 180
degrees. The only public docs I've found on this -- the AGP specs --
seem
to leave it up to the designer on how to implement this, e.g. using the
rising edge of both clocks or using the cross-over, which would seem to
leave some room for invention circuitwise... but RMBS wants to own the
idea
or concept... in essence, they own the oscillographs?

Can't "own" a concept. One can own a copyright. One can own a patent
with claims covering a method or apparatus or composition of matter or (I
think) a business process.

Once one has a patent, one is free to sue anyone claiming infringement.
One of the defenses is that the patent is invalid. Another is that this
particular method or apparatus doesn't infringe. I forget what happened
when Data General sued IBM over patents, but we were saving documents for
years.

So I could have thought of a parallel interface for a DRAM
(hypothetically I could of anyway) where the read data is sampled some
time after the bus clock and the time is defined by a programmable
counter or an up/down counter or some other type of counter. And if I
thought of that before anyone else did, I could have patented it. And if
my lawyer was smart he or she wouldn't have limited the claims to memory
interfaces but thrown in some stuff about other interfaces.

You tell me - that's what I was asking. They've been quoted as saying
they
want it all. Rambus used DDR in their *serial* DRDRAM memory interface.
Should they have been allowed to submarine this into the *parallel*
DDR-SDRAM interface?... and the ATA/SATA interfaces and..... Micron
also


Leave it up to politicians, bureaucrats and lawyers - I guess we're
going
to need a helluva lot more bureaucrats and especially lawyers... not a
good
answer from my POV.


But that's what they tried to do - I call a spade a spade - nothing
loaded
about it. When Mr. K was leading the charge they were scumbags.... any
clearer?

It was clear the first time. Perjorative but clear.
Have you ever checked out the insider trading records for RMBS?
BENEFITs??... aplenty I believe!

Insider trading? or an Entrepeneur making money?
 
G

George Macdonald

Samsung wasn't the sole supplier; Toshiba also supplied DRD for the
PS2.

Yeah Toshiba - a *big* memory supplier? Besides, PS2 was a good fit for
RDRAM.. and that was not Rambus' main target.
I agree that some few innocent people plead guilty, but my initial
expectation is that if you plead guilty, you're guilty. I have found
no evidence otherwise...

There are lots of innocent people in prison - people know that juries are
stupid and lawyers are expensive.
Of course I'd tell them to crawl in a corner and rot. However, when I
decided to take measures against them I'd probably try for legal
behavior.

It was RMBS who started the legal proceedings.
So, I guess I'd like to hear you predict how the DRAM cases will all
turn out then? What will you say when more DRAM manufacturers
get...convicted or plea guilty to various illegalities?

What is it with you? Why are you always trying to draw people into mad
predictions? It can't possibly add any weight to your opinion.
I can certainly accept a difference of opinion, but I'd like to be able
to hold you to your confidence in a years time or so.

I have little confidence in the legal system - even if it turns out right
on the first go, it'll get reversed or highly modified on appeal.
We're losing money, so we therefore have the right to do something
illegal to prevent more losses...that sure isn't justifiable in any
sense. If you're losing money, and someone comes along with a better
product, then you deal with it or go bankrupt (unless you're an
airline...I guess).

"Better" is a matter of opinion - there were lots of good technical
arguments against RIMMs... well expressed here.

Yes, if you're losing money on a product, you *are* allowed to cut back
production: minimize losses, hopefully drive market price up and prevent a
shareholder class action.
I don't see you disputing my point. And yes, if they were losing money
they should have merged or gone bankrupt.

Some of them *did* merge and Hyundai/Hynix did effectively go bankrupt.
Everybody misjudged on the dot-bomb and there was over-production
everywhere - the only way was to cut back. The price-fixing was a crock of
shit. In fact I distinctly recall when prices went up -- by just a tad --
I figured it was no big sweat... they'd been dangerously low for a while.

The point is that every sales rep. in any business anywhere has competitive
pricing info - this poor slob from Micron went to prison for erasing some,
IIRC, pencil-written notes. Others have worn out shredding machines and go
scot-free. See previous comments on the courts.
What is RAND considered to be? 1%? How much more did Rambus want than
what is considered to be RAND?

The fact that they wanted more for the DDR-SDRAM ambush than for DRDRAM
tells it all. Apparently they didn't ask for royalties from AMD... or at
least they're not getting them... or AMD has arranged to not admit to
it.:)
It's absolutely legal. Think of all those magazines that provide free
subscriptions if you're a reader they want (like say CIO magazine),
those are perfectly legal. This is no different.

Ah so IBM should prepare to bend over on the 2nd go around. It's umm, a
lot different and I believe you're missing the point... which I'm not going
to elaborate.
I wish I had : ) But Rambus isn't a stock I'm actively watching...too
volatile for anything long term.

Err, that's because it trades based on rumor, speculation and legal
machinations rather than on technical merits of the company.
 
G

George Macdonald

My point was that a major graphics chipset company is using their PHY,
which probably means that they do a good job. Obviously, both ATI and
NVidia have good engineers, yet one of them decided to work with
rambus...

But there's no mention of either ATI or nVidia at that URL.
Hardly worse than anyone else in the DRAM business...

Your keyhole. said:
As I said before, that's a LAWYER issue, not a technology/patenting
issue.

Rambus is the company which is heavy on lawyers.:) It's technical in that
the claims have been brushed aside in the specific case of memory
applications, which they clearly targeted.

One assumes that the ~46 were not just rejected out of hand - somebody had
to waste time deciding. If it was me who had to read & consider them, I'd
be pissed.
Invalid patent --> no violations, yet somehow you think this goes the
other way? That makes no sense. How do you know the defendents didn't
just show noninfringement? I don't seem to recall the courts finding
the patents invalid...

Look those claims were very specific to the memory industry - they just
don't have any other circuitry targeted. It's possible that they failed
due to conflicts with the defendant's patents but the fact is that the
court has decided to not enforce them. When a patent cannot be enforced in
the specific domain it addresses it's dead. No patent is a rubber stamp of
approval - only something which has to be defended in the courts.
 
D

David Kanter

My point was that a major graphics chipset company is using their PHY,
But there's no mention of either ATI or nVidia at that URL.

Yup, that's right.
Rambus is the company which is heavy on lawyers.:) It's technical in that
the claims have been brushed aside in the specific case of memory
applications, which they clearly targeted.

And? Your point about 50:4 (or any number of non-infringement
findings) is still just as irrelevant to whether the patents were
fraudulent in the first place.
One assumes that the ~46 were not just rejected out of hand - somebody had
to waste time deciding. If it was me who had to read & consider them, I'd
be pissed.

If you wouldn't be willing to read them with an open mind, then it's a
good thing you aren't employed by the government (especially in any
fashion relating to the judicial system). Rambus has just as much a
right to justice as Micron, Samsung, etc. It all has to do with Rambus
getting their day in court, and exercising their right to due process.
To paraphrase one supreme court justice: "The US doesn't guarantee
freedom from stupid lawsuits, it does guarantee freedom from stupid
verdicts to stupid lawsuits."

IOW, you have to wait and see how things shake out.
Look those claims were very specific to the memory industry - they just
don't have any other circuitry targeted. It's possible that they failed
due to conflicts with the defendant's patents but the fact is that the
court has decided to not enforce them. When a patent cannot be enforced in
the specific domain it addresses it's dead. No patent is a rubber stamp of
approval - only something which has to be defended in the courts.

No, the court decided that whatever the defendent did was
non-infringing. When a patent cannot be enforced, it loses value;
however, that's fully orthogonal to a patent being declared invalid.
Invalidity usually means it shouldn't have been granted in the first
place, which is really quite different.

I have worked on a court case where one or more patents was declared
invalid, due to illegal behavior on the part of the company making the
patents. That opened said company up to some really really nasty
litigation, and they paid for it. From what I have seen and read about
Rambus, they were like children in a park compared to the case I worked
on.

David
 
G

George Macdonald

message news:[email protected]...

Can't "own" a concept. One can own a copyright. One can own a patent
with claims covering a method or apparatus or composition of matter or (I
think) a business process.

Yeah well in theory that was supposed to be how it worked: you could not
patent an idea, such as an algorithm - you could copyright its expression,
i.e. in the form of program code. That has changed over the past 20 years
or so - we now have software patents in various stages of discussion...
cheered on by the big software companies, the politicians and especially
the lawyers... whom we seem to have appointed as the err, arbitrers.:)

AFAIK this started with the Karmarkar algorithm in ~1983/4 where AT&T got a
patent for an "apparatus" which included the algorithm/software -- on an
Alliant computer IIRC -- and promised to go after anyone who implemented
the algorithm in software. It got very ugly.
Once one has a patent, one is free to sue anyone claiming infringement.
One of the defenses is that the patent is invalid. Another is that this
particular method or apparatus doesn't infringe. I forget what happened
when Data General sued IBM over patents, but we were saving documents for
years.

So I could have thought of a parallel interface for a DRAM
(hypothetically I could of anyway) where the read data is sampled some
time after the bus clock and the time is defined by a programmable
counter or an up/down counter or some other type of counter. And if I
thought of that before anyone else did, I could have patented it. And if
my lawyer was smart he or she wouldn't have limited the claims to memory
interfaces but thrown in some stuff about other interfaces.

Well like I've been trying to point out the patent system is broken and the
courts are incompetent to sort it out. I fear that this is all going to
bounce back on us one day when the rest of the world girds up to challenge
us with *their* patent/copyright systems.
It was clear the first time. Perjorative but clear.

Pity Keith has not been around to chew this particular piece of umm,
fat.:)
Insider trading? or an Entrepeneur making money?

Oh it's "legal" insider trading - through the usual methods... dunno what
the rules are exactly but involve prior notification to the SEC.
 
G

George Macdonald

Yup, that's right.

So why the URL? I've already indicated that their PHY is in use in some
PCI-e implementations.
And? Your point about 50:4 (or any number of non-infringement
findings) is still just as irrelevant to whether the patents were
fraudulent in the first place.

If you can't see how badly the eliminations reflect on Rambus' case here
and in general, that's your problem.
If you wouldn't be willing to read them with an open mind,

I didn't say that.
No, the court decided that whatever the defendent did was
non-infringing. When a patent cannot be enforced, it loses value;
however, that's fully orthogonal to a patent being declared invalid.
Invalidity usually means it shouldn't have been granted in the first
place, which is really quite different.

No, you're misreading this to put a Rambus angle on things - they made
violation claims so were clearly confident of infringement; their royalty
demands are based on all 50! There is nothing orthogonal at all - Rambus
has made 46 claims which are without merit in this case. A highly
technology/industry-specific patent which has failed the test in one case
has lost most of its weight in any future potential case which will be no
less specific. Do you really think another court is going to let them
represent all 50? I'd think Micron must be pleased.
I have worked on a court case where one or more patents was declared
invalid, due to illegal behavior on the part of the company making the
patents. That opened said company up to some really really nasty
litigation, and they paid for it. From what I have seen and read about
Rambus, they were like children in a park compared to the case I worked
on.

That's one for the book: Rambus like children in a park.<guffaw>
 
C

Christy_z1

Robert said:
For which they paid the price. I'm not even sure
Infineon was ever charged or plead out.

Are you this lazy? No wonder you are so quick to brand Rambus as the
guilty party since you are very lazy to do even a simple search, just
doing a search in google on the following "infineon plead guilty"
brings up so many links, one of them is this

http://www.usdoj.gov/atr/public/press_releases/2004/206631.htm



You did not answer me where you found the above "> > "In the decision
Rambus Inc. v.Infineon Technologies AG,that ruling by Judge Payne is not a ruling. The only ruling about
spoliation is Judge Whyte's ruling. You did not even read the links I
posted did you? You are very lazy.
You sound like a Rambus shill. I admit they may have had
some interesting technology. But they greedily overplayed
their hand.

The fat lady has not sung yet. Yes everybody that says something good
about Rambus is a Rambus shill.
 
C

Christy_z1

George said:
No, you're misreading this to put a Rambus angle on things - they made
violation claims so were clearly confident of infringement; their royalty
demands are based on all 50! There is nothing orthogonal at all - Rambus
has made 46 claims which are without merit in this case. A highly
technology/industry-specific patent which has failed the test in one case
has lost most of its weight in any future potential case which will be no
less specific. Do you really think another court is going to let them
represent all 50? I'd think Micron must be pleased.

George you sure do hate Rambus :) As Robert which I replied to
previously you are very lazy as well. Not only has another court them
let them represent similar amounts of claims, the court has found Hynix
to infringe 29 of those claims. And there is going to be an
infringement trial coming up where a jury is going to consider 10
additional claims. Do your research before you post.

http://investor.rambus.com/downloads/2005-01-21 Rambus Election of 10 Claims for Trial.pdf
 
D

Del Cecchi

Christy_z1 said:
George you sure do hate Rambus :) As Robert which I replied to
previously you are very lazy as well. Not only has another court them
let them represent similar amounts of claims, the court has found Hynix
to infringe 29 of those claims. And there is going to be an
infringement trial coming up where a jury is going to consider 10
additional claims. Do your research before you post.

http://investor.rambus.com/downloads/2005-01-21 Rambus Election of 10 Claims for Trial.pdf
And it is reported they just sued Micron.
 

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