Hynix Semiconductor Inc must pay Rambus Inc royalties on its US memory chip sales and US$397 million in damages and interest for infringing Rambus patents, a federal judge said in a ruling that allows Hynix to appeal the decision.
In a final judgment issued on Tuesday, US District Judge Ronald Whyte in San Jose, California, approved the companies’ agreement on Hynix’s royalty rates. Rambus announced terms of the agreement — which was made under court-ordered negotiations and is not a settlement — late on Monday. Hynix said it would appeal within 30 days.
A successful appeal by Ichon, South Korea-based Hynix, the world’s second-largest maker of computer-memory chips, could spare the company from having to pay anything. Whyte ruled Hynix must pay the royalties to Rambus on a quarterly basis and said Hynix must present arguments seeking to “accrue or deposit in escrow” the payments pending an appeal in a separate court filing after Tuesday’s order.
“The Rambus case will remain a potential risk for Hynix,” said Kim Gee-soo, an analyst at Good Morning Shinhan Securities Co in Seoul. “A final decision on the appeal may take one to two years and Hynix may have to set aside more provisions.”
The South Korean chipmaker said it would seek a stay of the damages judgment and did not expect the ruling to have an impact on its business while the case is ongoing.
Under the agreement, Hynix will pay a 4.25 percent royalty on chip sales between Jan. 31 this year and April 18 next year for newer types of DRAM, including the double-data rate second and third generations of the chips. The royalty will be 1 percent for earlier versions.
“Judge Whyte ordered Hynix to pay the ongoing royalty subject to post-judgment motions altering that ruling,” Ken Nissly, a lawyer for Hynix, said in a telephone interview. “There will be further proceedings regarding staying the judgment pending appeal.”
Whyte previously determined Hynix’s chip sales from Dec. 31, 2005, to Jan. 31 would be subject to royalties of 1 percent for synchronous DRAM chips and 4.25 percent for double-data rate ones. The companies are scheduled to appear before Whyte on March 17 to present arguments about when and how royalty payments must be made.
Rambus, based in Los Altos, California, designs and licenses chips used in electronics such as Sony Corp’s PlayStation console.
“We are pleased with the Court’s decision,” Thomas Lavelle, senior vice president and general counsel at Rambus, said in a statement. “We remain steadfast in our commitment to seek fair compensation for the use of our patented innovations.”
Hynix is the first of four chip makers to conclude a patent suit over memory with Rambus in Whyte’s court. Those remaining in federal court in San Jose are South Korea’s Samsung Electronics Co, the largest memory-chip manufacturer; Idaho-based Micron Technology Inc; and Taiwan’s Nanya Technology Corp (南亞科技).
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
BULLY TACTICS: Beijing has continued its incursions into Taiwan’s airspace even as Xi Jinping talked about Taiwan being part of the Chinese family and nation China should stop its coercion of Taiwan and respect mainstream public opinion in Taiwan about sovereignty if its expression of goodwill is genuine, the Ministry of Foreign Affairs (MOFA) said yesterday. Ministry spokesman Jeff Liu (劉永健) made the comment in response to media queries about a meeting between former president Ma Ying-jeou (馬英九) and Chinese President Xi Jinping (習近平) the previous day. Ma voiced support for the so-called “1992 consensus,” while Xi said that although the two sides of the Taiwan Strait have “different systems,” this does not change the fact that they are “part of the same country,” and that “external
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source