So the DRAM makers, for example, are a bunch of pure hearted beings made of sincere kindness, and in no way did they try to screw Rambus? That's good to know.
No, however in the specific case of Rambus with regards to JEDEC and SDRAM/DDR manufacturers, the court agreed that Rambus' actions were in violation and thus their litigation was thrown out when it was finally brought to court.
The whole point of JEDEC setting memory standards was to not only set a standard for all memory makers to guarantee compatability if the memory standard was used but to also make sure the standard wasn't monopolized by one memory manufacturer or another.
Thus relevant patents must be revealed and for those patents that would be used a reasonable and non-discriminatory price set for the use of those patents.
Rambus not only didn't reveal all patents it may have held in regards to the then developing SDRAM and DDR, they filed and tailored patents while it was a member of JEDEC, while having information on what technologies would be used for SDRAM/DDR.
And THEN using the patents that weren't revealed started to use them to charge royalties with the aim of not only securing another revenue stream but to artificially increase the price of SDRAM and more importantly DDR in order to make their own competing proprietary memory standard more price competitive.
Added to that if the memory manufacturer caved in without making a fuss it was offered a more lenient pricing structure for licensing the use of the patents that were secretly tailored for SDRAM/DDR while they were under developement and Rambus was a member of the organization creating the standards. Both of which actions were against the contract they signed in joining JEDEC.
If Rambus had managed to inflate the price of DDR at the crucial time when the open DDR standard was in competition with the proprietary Rambus memory standard, Rambus stood to gain billions as Intel at the time was pushing hard for it. However the cost to produce Rambus memory at the time was almost twice as high as DDR making it unattractive in comparison.
Noone said memory manufacturer's are angels. They are a business. Just because they are a business doesn't suddenly make Rambus' actions in this case excusable. And the courts all agreed, both here and in Europe.
At least with regards to this particular incident.
Now, had Rambus not been a member of JEDEC they could have used past patents in any way they wish. Had they revealed their past patents while a member of JEDEC they could have licensed those patents for a reasonable and non-discriminatory fee. Had they not filed and tailored patents to be relevant to the memory under developement while they were a member of JEDEC they would have been fine.
However, Rambus did none of that. In this particular case.
In other cases, they have won. And rightfully so. And for other patents they do receive royalties. Again rightfully so.
Regards,
SB