In the Matter of Rambus Incorporated

M. Sean Royall, Deputy Director, FTC Bureau of Competition and Trial Counsel

1/01/2005
(Original Publish Date: 1/29/2003)

The Federal Circuit today, in a split decision, ruled on an appeal in a private suit involving Rambus and one other private party, Infineon Technologies AG. That suit involved claims of fraud against Rambus brought under Virginia state law. The Federal Circuit, in its decision, applied Virginia state law to the factual record developed in a twelve-day jury trial that concluded in May 2001. Following Virginia law, the Federal Circuit scrutinized the prior finding of fraud against Rambus based on a heightened "clear and convincing evidence" standard of proof.