People should pay extra special attention to the argument that Micron and Hynix are making here with regard to when the actions occured (ie most before the damages cut-off date) as this particular jury instruction will be the MOST IMPORTANT one we face.
While Kramer ruled via the Green book, if Micron and Hynix can confuse the issue just slightly, it could have a devastating effect on Rambus's recoverable damages and/or the the cartel's chances of a successful appeal (or delay). While McBride has Kramers order...the actual jury instruction is going to be hard to write so as to be clear.
To me, it is THIS specific argument which is the key to why the cartel didn't settle before trial. It is readily apparent from the way they presented their case that they have been trying to convince the jury that Intel internally changed its roadmap prior to the May 5, 2000 damages cut-off date. If the jury agree, Rambus essentially gets nothing despite the cartel's blatently illiegal actions due to Rambus not filing the case until 2004.
VG