Tuesday, July 27th 2010
ITC Issues Notice of Final Determination in Rambus Matter Regarding NVIDIA Products
Rambus Inc., one of the world's premier technology licensing companies, today announced that the International Trade Commission (ITC) issued its notice of final determination in the action brought by Rambus against NVIDIA Corporation and other Respondents. In its notice, the ITC has affirmed the findings of the Administrative Law Judge (ALJ), with certain modifications. The final determination, including such modifications, has yet to be released.
On November 6, 2008, Rambus filed a complaint with the ITC requesting an investigation pertaining to certain NVIDIA products. The complaint sought an exclusion order barring the importation, sale for importation, and sale after importation of products that infringe nine of Rambus' patents. The accused products include graphics processors, application processors, media and communications processors, and chip sets which incorporate infringing memory controllers. The complaint named NVIDIA as a proposed Respondent, as well as companies whose products incorporate the accused NVIDIA products and are imported into the United States. These Respondents include: Asustek Computer Inc. and Asus Computer International, BFG Technologies, Biostar Microtech and Biostar Microtech International Corp., Diablotek Inc., EVGA Corp., G.B.T. Inc. and Giga-Byte Technology Co., Hewlett-Packard, MSI Computer Corp. and Micro-Star International Co., Palit Multimedia Inc. and Palit Microsystems Ltd., Pine Technology (Macao Commercial Offshore) Ltd., and Sparkle Computer Co. Four of the asserted patents were later withdrawn from the investigation.
An evidentiary hearing on the asserted patents was held before the ALJ on October 13-20, 2009. On January 22, 2010, the ALJ issued an initial determination finding two Rambus patents to be not valid. The ALJ further determined three Rambus (Barth) patents valid, enforceable and infringed by the Respondents.
Today, Rambus received notice of the ITC's intent to issue a Limited Exclusion Order barring the importation of Respondents' infringing products into the United States, as well as Cease and Desist Orders barring identified Respondents from selling any infringing products that were previously imported into the United States. Under the Limited Exclusion Order, the infringing products may be imported and sold during a 60-day Presidential review period if Respondents post a bond. The Commission has specified that the bond amount is 2.65% of the entered value of the subject imports.
"The ITC's decision is another demonstration of the value of our continued commitment to innovation," said Thomas Lavelle, senior vice president and general counsel at Rambus. "We are extremely pleased with the ITC's decision to issue a Limited Exclusion Order, signaling the strength of our innovation efforts beyond the Farmwald-Horowitz patents of our founders. The value of our patented inventions has been recognized by our current licensees, and we will continue our efforts to license others."
Rambus management will discuss this decision during a special conference call tomorrow at 6:00 a.m. PT. The call will be webcast and can be accessed through the Rambus website. A replay will be available following the call on Rambus' Investor Relations website or for one week at the following numbers: (800) 642-1687(domestic) or (706) 645-9291(international) with ID# 90764352.
On November 6, 2008, Rambus filed a complaint with the ITC requesting an investigation pertaining to certain NVIDIA products. The complaint sought an exclusion order barring the importation, sale for importation, and sale after importation of products that infringe nine of Rambus' patents. The accused products include graphics processors, application processors, media and communications processors, and chip sets which incorporate infringing memory controllers. The complaint named NVIDIA as a proposed Respondent, as well as companies whose products incorporate the accused NVIDIA products and are imported into the United States. These Respondents include: Asustek Computer Inc. and Asus Computer International, BFG Technologies, Biostar Microtech and Biostar Microtech International Corp., Diablotek Inc., EVGA Corp., G.B.T. Inc. and Giga-Byte Technology Co., Hewlett-Packard, MSI Computer Corp. and Micro-Star International Co., Palit Multimedia Inc. and Palit Microsystems Ltd., Pine Technology (Macao Commercial Offshore) Ltd., and Sparkle Computer Co. Four of the asserted patents were later withdrawn from the investigation.
An evidentiary hearing on the asserted patents was held before the ALJ on October 13-20, 2009. On January 22, 2010, the ALJ issued an initial determination finding two Rambus patents to be not valid. The ALJ further determined three Rambus (Barth) patents valid, enforceable and infringed by the Respondents.
Today, Rambus received notice of the ITC's intent to issue a Limited Exclusion Order barring the importation of Respondents' infringing products into the United States, as well as Cease and Desist Orders barring identified Respondents from selling any infringing products that were previously imported into the United States. Under the Limited Exclusion Order, the infringing products may be imported and sold during a 60-day Presidential review period if Respondents post a bond. The Commission has specified that the bond amount is 2.65% of the entered value of the subject imports.
"The ITC's decision is another demonstration of the value of our continued commitment to innovation," said Thomas Lavelle, senior vice president and general counsel at Rambus. "We are extremely pleased with the ITC's decision to issue a Limited Exclusion Order, signaling the strength of our innovation efforts beyond the Farmwald-Horowitz patents of our founders. The value of our patented inventions has been recognized by our current licensees, and we will continue our efforts to license others."
Rambus management will discuss this decision during a special conference call tomorrow at 6:00 a.m. PT. The call will be webcast and can be accessed through the Rambus website. A replay will be available following the call on Rambus' Investor Relations website or for one week at the following numbers: (800) 642-1687(domestic) or (706) 645-9291(international) with ID# 90764352.
33 Comments on ITC Issues Notice of Final Determination in Rambus Matter Regarding NVIDIA Products
upload.wikimedia.org/wikipedia/commons/6/6b/Rambus_HQ_patent_wall_section.JPG
Wall of patents...
not going to say anymore just in case they decide to file a libel case against me.
does that include all products or just certain ones?.... this would give a Massive boost to AMD if nvidia could not sell there video cards in the USA....
also, how does this invole Obama? is this so important that the president has to be involved?
im confused :P
and yeah we dont know which ones, but odds are it would be older products. at a guess, it could be something like the IGP models, or cards that use specific memory controllers (be it DDR2, 3 or 5 specifically)
If this goes through then it's going to be very interesting for them.
i wouldn't be worried about this issue if it concerns older products. It only bans import of those. If suppliers in states have a healthy supply they will be still able to sell them.
The whole diffrent story is if that claim covers some new products as well like fermi then they that might as well be a downfall for them and material for another hitler spoof :)
nothing about gddr5 memory controller but that might be only because it was not released at the time of the filing
Like Intels spat with NV over x86 development (or something like that).
Corporate twats. :nutkick:
But still second part of the post still stands :) especially since as w1zzard mentioned it includes ddr3 controllers.
My prediction:
panic - stock price fall to 5$
nvidia goes into settlement
buy as hell
Reap the profit
typical abuse of the legal system...
:toast:
rambushed
sounds like something scooby doo would say... lol
They (Nvidia) won't be stopped; they have to much invested.
IMO, RAMBus is a bunch of whiners, since everyone did not use their RDram patents and pay royalties to them - they got P.Oed. They have been trying to surf the legal filings wave since around 1996. They had good ideas, but wanted to much in royalties to implement them.
Trade Commission Info:
OUII 337 Investigative History
USITC Limited Exclusion Order
:)
On another note, Obama (as socialist do) have to get his hands on everything, LOL. OK bad joke, sorry. Hopefully this will not stop Nvidia from selling in the USA if Obama says that they can.
Now, with all the manufacturers listed, is it just a blanket suit because they make cards for nVidia, do they have to license the technology individually or does nVidia have to do that for them? Another thought, is this a partial reason why XFX stopped manufacturing for nVidia?