Updated In a memorandum signed Thursday, but embargoed until Friday, Judge Robert Payne limited the scope of Rambus' patent-infringement claims against Infineon scheduled to commence in court Tuesday, according to the Dow Jones wire service.
The memo confirms a report Thursday by ElectronicNews which predicted the move and inspired a Rambus stock sell-off which cost the company $11.26 per share for a loss of thirty-two per cent.
Thursday, Judge Payne ruled that Infineon may bring up racketeering allegations against Rambus in court. Infineon claims that Rambus violated America's dreaded, catch-all Racketeer Influenced and Corrupt Orgainizations (RICO) laws.
* The Infineon Rambus trial has now been postponed until April, writes Mike Magee. According to a statement issued by Rambus: "Today the United States District Court for the Eastern District of Virginia ordered Infineon to conduct a full document search and provide full disclosure before the start of the Rambus patent infringement trial against Infineon. The judge's action was based on new evidence introduced to the court shortly before the trial was to commence... and months after discovery closed." The trial will now start on April 10th.
Judge Payne, according to reports on Dow Jones, said he was concerned about "systemic non disclosure" by Infineon, although he said he accepted there was no deliberate attempt to delay disclosure.
He has ruled that Infineon, formerly a part of Siemens, has to ensure that no files, whether paper or data, are erased. But, at the same time, Payne said that one of Infineon's US lawyers should be sent to its offices in Germany to make sure the company understands what is involved.
Trading on RMBS shares was even heavier yesterday than on Thursday. Once more, the share price was badly affected, dropping by over 34 per cent to close last night at $15.80.