Collusion
by
Tags:
Comments
2 responses to “Collusion”
-
In the courtroom, the FTC case against Rambus, in 2003, has taken some strange twists in only it’s first week… The First FTC witness, from AMI2/Synclink/SLDRAM and an official of the JEDEC SSO, Testifies that JEDEC members understood that all IP interests must be disclosed during any discussions of any technology that was related to the IP. Basically saying that every SSO member gives up all rights to anything that’s even vaguely discussed at the SSO meetings.. But, under cross examination by Rambus Attorneys, admits to patenting (claims he didn’t know his name was on the patent, but did sign the affidavit as an inventor) technology as part of the Synclink group, then presenting it to the SSO for standardization without revealing that the technology had a Pending Patent with his name on it. And after first denying that he gave assurances to the SSO that it would be royalty free, he later admits that indeed his presentation did say that (after he was shown one of the slides from the presentation that had the words “Royalty Free” on them). But, the witness, still under cross examination, and hemming and hawing, goes on to say that “Royalty Free” did not mean free, but actually meant RAND… ??? Now, this goes one step beyond even what Rambus has been accused of… Everyone is unanimous that anyone PRESENTING had to disclose all IP interests Prior to the PRESENTATION of that technology for possible standardization… That’s about the only rule that everyone agrees existed… The Second FTC witness from Micron Technology first testifies that JEDEC members understood that all IP interests must be disclosed as early in the process as they are known. But, when cross examined by Rambus attorneys, Admits to taking notes on what was being discussed at the SSO, Going back to work and patenting those technologies. The same person PRESENTED that same technology for standardization, without any IP disclosure. One year after that technology was standardized, revealed his employers IP position in the technology and gave assurances to the SSO that “there would be no problem with the IP ” , still later admits that his employer sued another member company of the SSO for patent infringement over that same IP. And still later admitted that they PROBABLY should have disclosed their IP interests… The final, and probably the most important, thing that has happened is that the SSO rep from NEC, under questioning from the FTC, claims there was no DDR (a standard) technology in the Rambus Europeon Patent application (that Rambus filed prior to joining the SSO). This European Application became public (under the 18 month disclosure rule in effect) during the first year of Rambus tenure in the SSO and was basically disclosed when Rambus disclosed the Specification of their 703 patent, which on it’s face showed both divisional applications and a continuation in part application… This European patent app was discussed within the SSO, but was dismissed as not being issuable as a patent due to prior art. Upon crosss examination by Rambus attorneys, the witness finally admitted that the drawings included with that application did indeed show DDR technology (that Rambus has been accussed of stealing from the SSO).. All in all, so far the FTC has succeeded in making Rambus look like one of the most ethical companies in the SSO.
-
Let’s see if we have the picture: It’s well known that Micron hired a law firm (Arnold & Porter) that has as partners/principals VERY high-level former FTC officials (including William Baer, the former Director of the FTC’s Bureau of Competition). After Micron did this, the FTC began an investigation of Rambus, which subsequently resulted in the FTC formally charging Rambus with anti-trust violations. Now some additional information has come to light: J.R. Simplot is a wealthy Idaho multimillionaire financier who founded Micron. He still owns 18,268,202 shares of Micron. Various members of the Simplot family paid their Congressman, CL “Butch” Otter, $237,371 last year (this is approximately twice his Congressional salary).
Remember, the Simplots founded and own substantial stakes in Micron and Don Simplot currently sits on MU’s board, owning 80,000 shares himself. But, beyond this payment, it turns out that Congressman Otter directly owns his very own substantial [6-figure] stake in Micron as well.
Presumably these stem from his 30-year involvment with the Simplots, based on this excerpt from his own Congressional web site: “Congressman Otter’s business background includes membership on the Board of Directors of the J.R. Simplot Company. In addition he served as Director of the Food Products Division, President of Simplot Livestock, and President of Simplot International. Otter retired in 1993 after thirty years with the company.” Now it turns out that Congressman Otter is on the Subcommittee on Commerce, Trade, and Consumer Protection of the House Committee on Energy and Commerce. Which, apparently, is the House committee that has oversight of the FTC. Is there a conflict of interest here, do you think?
Leave a Reply