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2. Hitachi brokeoff negotiation: You can draw the same kind of conclusions. That hitachi's lawyers dont think they (rambus) have a case on their industry standard patents.

Or Hitachi did not think that RMBS would bet their entire business on a single lawsuit; i.e., they were bluffing and got called.

I am not an IP litigator, but from what I have read of Hitachi's position in this litigation, it is pretty dumb. Somebody on the RMBS board posted a link to the order regarding Hitachi's effort to bring in the other manufacturers as parties in order to protect their interests even though the other manufacturers each filed briefs saying they did not want to be parties. The order slamming Hitachi was pretty much making fun of this stupid argument. If the other parties did not perceive a need to have their interests protected, why should the court listen to Hitachi and do it for them? In my experience, good lawyers don't make really dumb arguments like the one made by Hitachi because it kills credibility (lots of lawyers from good firms make stupid argument like this, but I don't consider them to be good lawyers by virtue of making really dumb arguments). Credibility would seem to be especially important in IP where almost nobody can understand the merits; if I were the judge and Hitachi made a stupid argument on an issue I could easily understand, I would assume that their arguments on the technical patent issues were equally stupid. Either Hitachi's lawyers are idiots or Hitachi's position on the merits is weak. I would prefer idiot lawyers because most lawsuits are not won or lost on the merits. I will take the better lawyers every time. With lots of money at stake, however, the merits become more important because both sides are sophisticated enough to hire the best. Assuming Hitachi's position is weak on the merits, RMBS should be okay, but even if it isn't, Hitachi's lawyers have not impressed me with the "save our competitors from themselves" argument.
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