Monday, June 9, 2003
Rambus Friday (June 6) said the administrative law judge in the Federal Trade Commission antitrust hearing on the firm ruled this week that attorney-client privilege barred some information from being presented to the ongoing trial.
The FTC attorneys had sought to present evidence from notes and documents of discussions Rambus officials had with their attorneys regarding the filing of synchronous DRAM patents. But Judge Stephen McGuire in an oral ruling said the information was protected by attorney-client privilege and was inadmissible.
This was opposite the action taken by U.S. District Court Judge Robert Payne in the 2001 Rambus patent infringement trial against Infineon Technologies AG. Judge Payne had lifted the Rambus attorney-client privilege in that case, allowing Infineon to obtain documents of discussions involving its patent filings.
At issue is what advice Rambus attorneys might have given the firm on its patent applications during and after the 1991-95 period the chip design firm participated in the industry JEDEC standards body deliberations drafting SDRAM specifications.
Material from Rambus discussions with its lawyers will be barred from the FTC hearing after Judge McGuire's ruling this week.
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