Monday, November 7, 2005
Hynix Semiconductor argued that Rambus 's "scorched earth policy" of document destruction requires that its patent-infringement lawsuit be dismissed.
Hynix lawyer Ken Nissly, at closing arguments yesterday, told U.S. District Judge Ronald Whyte in San Jose, California, that Rambus destroyed documents because it expected to use litigation to enforce its patents.Rambus' conduct "demands a sanction," Mr. Nissly said. If the judge rules for Rambus, it would proceed to the patent-infringement phase of its case against Hynix.
It would be the first of Rambus's patent cases against companies in the $26 billion memory chip industry to go to trial.
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