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Case 5:05-cv-00334-RMW
Document 2121
Filed 09/02/2008
Page 1 of 4
1 2 3
Attorney list on signature page
4 5
IN THE UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
7 8 9 10 11 12 13 14 15 16 17
RAMBUS, INC., Plaintiff. v. HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
22 23 24 25
Judge:
Hon. Ronald M. Whyte
Defendants. RAMBUS, INC.,
20 21
SAMSUNG’S MOTION TO SHORTEN TIME AND FOR EXPEDITED HEARING PURSUANT TO CIVIL LOCAL RULE 63
NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A.,
18 19
Case No. C 05-00334 RMW
Plaintiff. v. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
Case No. C 05-02298 RMW
Defendants.
26 27 28
SAMSUNG’S MOTION TO SHORTEN TIME
Case No. C 05 00334 RMW Case No. C 05 02298 RMW
Case 5:05-cv-00334-RMW
Document 2121
Filed 09/02/2008
Page 2 of 4
1 I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ARGUMENT
Pursuant to Civil Local Rules 6-3, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc., and Samsung Austin Semiconductor, L.P. (collectively, “Samsung”) hereby files this Motion to Shorten Time and moves this Court for an order expediting the briefing schedule and for an expedited hearing on Samsung’s Motion to Dismiss Certain Claims and Defenses Without Prejudice (hereinafter “Motion to Dismiss”), filed concurrently with this Motion to Shorten Time.
Samsung requests that the Court hear
Samsung’s Motion to Dismiss on an expedited basis on September 5, 2008.
To that end,
Samsung requests that the Court enter an order requiring Rambus to file its opposition to Samsung’s Motion to Dismiss no later than 10:00 a.m. on Thursday, September 4, 2008, so that the Court will have sufficient time to review on Samsung’s Motion to Dismiss and Rambus’s opposition prior to the September 5, 2008 hearing. Good cause for this Motion to Shorten Time exists given the fact that trial in this case is set to begin on September 22, 2008.
The Court’s ruling on Samsung’s Motion to Dismiss will
greatly change the scope of the case and will severely impact both parties’ ability to prepare for trial if a decision on Samsung’s Motion to Dismiss is delayed. As set forth in Samsung’s Motion to Dismiss, Samsung believes that the cases before this Court involving Samsung will be brought to conclusion faster and more effectively if the current Claims I-III and defenses based on the parties’ 2000 SDR/DDR Patent License, and the unclean hands issues, are tried the week of September 22, 2008; with other claims being cut out for resolution by the State Court. Samsung has met and conferred with Rambus in order to reach a resolution as to the Motion to Shorten Time but was unsuccessful in reaching a stipulation. Samsung has limited its Motion to Dismiss to three pages and will forgo a reply in order to facilitate this Motion to Shorten Time. Rambus will not be prejudiced by an expedited hearing schedule as a timely resolution of Samsung’s Motion to Dismiss will more quickly narrow the issues for trial. Pursuant to Local Rule 6-3(a)(3), Samsung asserts that it would be substantially harmed or prejudiced if the Court did not hear the Motion to Dismiss on shortened time. Since the Court’s ruling on Samsung’s Motion to Dismiss will greatly change the scope of the case, if a decision on SAMSUNG’S MOTION TO SHORTEN TIME
1
Case 5:05-cv-00334-RMW
Document 2121
Filed 09/02/2008
Page 3 of 4
1
Samsung’s Motion to Dismiss is delayed this will severely impact Samsung’s ability to deal with
2
these claims and defenses.
3
is set to begin in less than three weeks.
4 5 6
Such a delay would harm and prejudice Samsung given that the trial
Pursuant to Local Rule 6-3(a)(5), Samsung states that it has not sought any other motions to shorten time in connection with the upcoming September trial.
Bennett Decl. __
Pursuant to Local Rule 6-3(a)(6), Samsung states that it does not believe the motion to
7
shorten time will have any impact on the schedule of the case.
8
Dismiss will bring clarity to the upcoming September 22nd trial, and allow the parties to
9
appropriately focus their trial preparation efforts.
The issues in the Motion to
10 11
II.
CONCLUSION
12 13
For the foregoing reasons, Samsung respectfully requests that this Court grants its Motion
14
to Shorten Time which requires Rambus to file its opposition to Samsung’s Motion to Dismiss no
15
later than 10:00 a.m. on Thursday, September 4, 2008 and for the Court to hear Samsung’s
16
Motion to Dismiss on September 5, 2008.
17 18
Dated: September 2, 2008 WEIL, GOTSHAL & MANGES, LLP
19 20
By: ___/s/_David J. Healey________________ David J. Healey
21
MATTHEW D. POWERS (Bar No. 104795) Email: [email protected] EDWARD R. REINES (Bar No. 135930) Email: [email protected]
22 23 24 25 26 27 28 SAMSUNG’S MOTION TO SHORTEN TIME
2
Case 5:05-cv-00334-RMW
Document 2121
1
Filed 09/02/2008
Page 4 of 4
WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100
2 3 4
DAVID J. HEALEY (admitted pro hac vice) Email: [email protected] ANITA E. KADALA (admitted pro hac vice) Email: [email protected] WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX 77002 Telephone: (713) 546-5000 Facsimile: (713) 224-9511
5 6 7 8 9
Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR, L.P
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SAMSUNG’S MOTION TO SHORTEN TIME
3
Document 2121
Filed 09/02/2008
Page 1 of 4
1 2 3
Attorney list on signature page
4 5
IN THE UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
7 8 9 10 11 12 13 14 15 16 17
RAMBUS, INC., Plaintiff. v. HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
22 23 24 25
Judge:
Hon. Ronald M. Whyte
Defendants. RAMBUS, INC.,
20 21
SAMSUNG’S MOTION TO SHORTEN TIME AND FOR EXPEDITED HEARING PURSUANT TO CIVIL LOCAL RULE 63
NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A.,
18 19
Case No. C 05-00334 RMW
Plaintiff. v. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
Case No. C 05-02298 RMW
Defendants.
26 27 28
SAMSUNG’S MOTION TO SHORTEN TIME
Case No. C 05 00334 RMW Case No. C 05 02298 RMW
Case 5:05-cv-00334-RMW
Document 2121
Filed 09/02/2008
Page 2 of 4
1 I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ARGUMENT
Pursuant to Civil Local Rules 6-3, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc., and Samsung Austin Semiconductor, L.P. (collectively, “Samsung”) hereby files this Motion to Shorten Time and moves this Court for an order expediting the briefing schedule and for an expedited hearing on Samsung’s Motion to Dismiss Certain Claims and Defenses Without Prejudice (hereinafter “Motion to Dismiss”), filed concurrently with this Motion to Shorten Time.
Samsung requests that the Court hear
Samsung’s Motion to Dismiss on an expedited basis on September 5, 2008.
To that end,
Samsung requests that the Court enter an order requiring Rambus to file its opposition to Samsung’s Motion to Dismiss no later than 10:00 a.m. on Thursday, September 4, 2008, so that the Court will have sufficient time to review on Samsung’s Motion to Dismiss and Rambus’s opposition prior to the September 5, 2008 hearing. Good cause for this Motion to Shorten Time exists given the fact that trial in this case is set to begin on September 22, 2008.
The Court’s ruling on Samsung’s Motion to Dismiss will
greatly change the scope of the case and will severely impact both parties’ ability to prepare for trial if a decision on Samsung’s Motion to Dismiss is delayed. As set forth in Samsung’s Motion to Dismiss, Samsung believes that the cases before this Court involving Samsung will be brought to conclusion faster and more effectively if the current Claims I-III and defenses based on the parties’ 2000 SDR/DDR Patent License, and the unclean hands issues, are tried the week of September 22, 2008; with other claims being cut out for resolution by the State Court. Samsung has met and conferred with Rambus in order to reach a resolution as to the Motion to Shorten Time but was unsuccessful in reaching a stipulation. Samsung has limited its Motion to Dismiss to three pages and will forgo a reply in order to facilitate this Motion to Shorten Time. Rambus will not be prejudiced by an expedited hearing schedule as a timely resolution of Samsung’s Motion to Dismiss will more quickly narrow the issues for trial. Pursuant to Local Rule 6-3(a)(3), Samsung asserts that it would be substantially harmed or prejudiced if the Court did not hear the Motion to Dismiss on shortened time. Since the Court’s ruling on Samsung’s Motion to Dismiss will greatly change the scope of the case, if a decision on SAMSUNG’S MOTION TO SHORTEN TIME
1
Case 5:05-cv-00334-RMW
Document 2121
Filed 09/02/2008
Page 3 of 4
1
Samsung’s Motion to Dismiss is delayed this will severely impact Samsung’s ability to deal with
2
these claims and defenses.
3
is set to begin in less than three weeks.
4 5 6
Such a delay would harm and prejudice Samsung given that the trial
Pursuant to Local Rule 6-3(a)(5), Samsung states that it has not sought any other motions to shorten time in connection with the upcoming September trial.
Bennett Decl. __
Pursuant to Local Rule 6-3(a)(6), Samsung states that it does not believe the motion to
7
shorten time will have any impact on the schedule of the case.
8
Dismiss will bring clarity to the upcoming September 22nd trial, and allow the parties to
9
appropriately focus their trial preparation efforts.
The issues in the Motion to
10 11
II.
CONCLUSION
12 13
For the foregoing reasons, Samsung respectfully requests that this Court grants its Motion
14
to Shorten Time which requires Rambus to file its opposition to Samsung’s Motion to Dismiss no
15
later than 10:00 a.m. on Thursday, September 4, 2008 and for the Court to hear Samsung’s
16
Motion to Dismiss on September 5, 2008.
17 18
Dated: September 2, 2008 WEIL, GOTSHAL & MANGES, LLP
19 20
By: ___/s/_David J. Healey________________ David J. Healey
21
MATTHEW D. POWERS (Bar No. 104795) Email: [email protected] EDWARD R. REINES (Bar No. 135930) Email: [email protected]
22 23 24 25 26 27 28 SAMSUNG’S MOTION TO SHORTEN TIME
2
Case 5:05-cv-00334-RMW
Document 2121
1
Filed 09/02/2008
Page 4 of 4
WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100
2 3 4
DAVID J. HEALEY (admitted pro hac vice) Email: [email protected] ANITA E. KADALA (admitted pro hac vice) Email: [email protected] WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX 77002 Telephone: (713) 546-5000 Facsimile: (713) 224-9511
5 6 7 8 9
Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR, L.P
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SAMSUNG’S MOTION TO SHORTEN TIME
3
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