UPDATE: EU Confirms Settlement Possibility In Rambus Case
12 Juni 2009 - 10:32AM
Dow Jones News
European Union regulators Friday confirmed they have started a
settlement procedure with U.S.-based Rambus Inc. (RMBS) over an
alleged antitrust violation.
As part of the proposed settlement, Rambus has offered royalty
cuts for five years for its chip technology customers, the European
Commission said.
If a settlement is reached, it will conclude the antitrust case
without a fine, while Rambus could continue to disagree with the
European regulators' preliminary findings that Rambus had committed
a "patent ambush" by participating in a technology standards
setting body and not fully disclosing that it held patents on
aspects of the standard that the body subsequently adopted.
Rambus holds some key patents in Dynamic Random Access Memory,
or DRAM, which is used to temporarily store data in products such
as PCs and smart phones.
The company has offered to cut the royalty rates on the newer
DRAM memory chips to 1.5% a unit globally, while older generations
of the chips can be produced for free, as long as they amount to
under 10% of the total production, the commission said.
According to Rambus, the global production of the older
generation of DRAM chips amounted to around 8% in 2008.
Royalty rates on most memory controllers, which is a smaller
chip designed to read the DRAM chips, will be levied at 2.65% until
the end of April 2010, after which it will fall to 2%, the
commission said.
"To prospective licensees this will provide clarity of price,
and it's probably lower than what they had seen in the past," said
Thomas Lavelle, senior vice president and general counsel at
Rambus.
The commission is asking for interested parties to comment on
the licensing changes offered by Rambus within the next month,
after which the European antitrust watchdog will decide whether or
not to drop the charges.
This will give companies such as Micron Technology Inc. (MU) and
Samsung (000830.SE), which are still in litigation with Rambus over
the patent charges, to say whether they find the new royalty levels
reasonable.
"It was a reasonable compromise," Lavelle added.
-By Peppi Kiviniemi, Dow Jones Newswires; +32 (0)2 741 1 483;
peppi.kiviniemi@dowjones.com