With few clear-cut or undisputed examples to back their cases,lawyers for Infineon Technologies AG and Rambus Inc. spend hoursmolding their allegations out of the same basic material. This is the shape of infringement, Rambus tells the jury. This is the shape of fraud, Infineon counters.
Testimony continues today in the case in which hundreds ofmillions are at stake for each company.
U.S. District Judge Robert Payne could soon add some concrete tothe mix. The judge will decide whether Rambus has presented enough evidenceto allow three remaining patent-infringement claims against Infineonto proceed to the jury. Or Payne could toss the claims out as earlyas today. According to industry estimates presented at the trial, nine ofevery 10 computer memory chips sold today would be subject to Rambusroyalties if the firms patents are found to be valid andenforceable. The suit already was narrowed from 57 original infringement claimsinvolving four Rambus patents to just three claims on two patentsrelating to designs of memory chips.