The brief was filed on behalf of the parties on a "pro bono" -- or fee-free -- basis by Lucash, Gesmer & Updegrove. "Rambus v. Infineon goes to the very heart of the integrity of the standard setting process," said Andrew Updegrove, a partner at the firm and the author of the brief. "As we are a national leader in forming and representing the organizations which set standards, we felt that it was our duty to acquaint the Supreme Court with the importance of the issues involved. This is hardly the right time for the courts to be undercutting processes that are crucial to American technology, Homeland Security and national competitiveness."
The case is so significant that additional briefs were filed by the Attorneys General of 15 States and Puerto Rico, by the standard setting body whose process was involved, and by five semiconductor companies.
The case history of Rambus v. Infineon has been a roller coaster, with first one side, and then the other, gaining the advantage. Moreover, estimates of the industry-wide royalties at stake run as high as a billion dollars. But the impact of the case goes far beyond just the memory industry. If the Supreme Court does not take the case, the process that sets the more than 100,000 standards that affect nearly every aspect of daily life in this country could be impacted.
