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“Submarine patents” to sink Rambus?

Ronald Hanaki
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This could turn the tide against Rambus. EBNews has the story.

The release of internal company documents by a San Jose U.S. District Court magistrate earlier this month has raised the issue of whether Rambus used so-called “submarine” tactics to secure rights to the contested DRAM technology. Such claims are commonly used by opponents to support their charges of antitrust violations, according to attorneys polled recently by EBN.

In legal parlance, “submarine patents” are kept under wraps until products they cover come to market, and then surface as the patent holder seeks licensing fees and royalties, said James Burger, an attorney at Dow, Lohnes & Albertson, Washington, D.C.

Rambus has countered that it was not obligated to disclose its SDRAM patent filings because the company never participated in a final JEDEC vote to ratify the standard.

The full article can be found here.

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