Rambus Inc. (Nasdaq:RMBS), a leading developer of chip interface products and services, today called upon Hynix to correct recent misleading statements attributed to Hynix that appeared in the press regarding Rambus's European patent 1 004 956.
In the statement, Hynix claimed that the recent European Patent Office (EPO) decision related to one of Rambus's European patents "effectively clears the company of infringement charges." This statement is untrue.
The ruling last week by the EPO involved one Rambus patent and did not address infringement issues. This decision by the EPO applied one aspect of European patent law that is not applicable to US patent law and that places significant additional limits on a European patentee's ability to broaden patent claims following an initial filing.
"It is our view that the assertion apparently made by Hynix that the EPO decision 'clears them of patent infringement' is outrageous and irresponsible, particularly given Hynix's size and sophistication," said John Danforth, senior vice president and general counsel at Rambus. "We are preparing to go to trial in two months in San Jose to determine patent infringement by Hynix. The issue of infringement may be formally decided sooner in a pre-trial judgment with other issues reserved for trial. The EPO decision is a separate and limited matter and we respectfully request that Hynix correct the statements attributed to it."
The Hynix vs. Rambus patent infringement case is scheduled to commence in the San Jose District Court under Honorable Ronald Whyte on March 21, 2005. Rambus will discuss the recent EPO decision at its quarterly earnings call, scheduled for 2:00 p.m. PST today. This call can be accessed via Rambus's web site at www.rambus.com.