On appeal, the Court of Appeals sided with Rambus. The court found that the patent policy lacked sufficient detail to conclude that Rambus breached a duty to confess prior patents. In other words, Rambus' silence wasn't fraud because the duty to disclose patent information was never made clear.
Hiding relevant patent information during the standardization process, only to produce it after the fact to collect royalties when the standard is implemented, is the thorn that pierces right to the heart of standards organizations. So how do the standards bodies get rid of the thorns? They should draft patent policies with broad disclosure duties, specifying the what, when, how and to whom of disclosing patents and patent applications relevant to a committee's ongoing work. If they fail to do so, the standards process will have too many thorns and very few roses.
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