However, the EPO also said that the patent filing would only be valid with further amendment by Rambus to conform more closely to the language as originally filed in 1990. This last aspect of the ruling, which reversed a prior EPO decision, will be appealed by Rambus.
US-based Rambus is suing chip makers both at home and in Europe for refusing to pay royalties on its technology. Rambus expects that the latest ruling will be used by its opponents to argue that the infringement case should be limited.
“While aspects of today's ruling will likely complicate and delay the proceedings in Europe, we are pleased that the originality and inventiveness of our patents have been affirmed,” said John Danforth, senior vice president and general counsel for Rambus.