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Case 5:05-cv-00334-RMW
1
Document 2213
Filed 09/16/2008
Page 1 of 6
[Parties Listed On Signature Page]
2 3 4 5 6 7 8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
10 11 12
RAMBUS INC., Plaintiff,
13 14 15
vs. HYNIX SEMICONDUCTOR INC., et al.,
RAMBUS INC.,
18 19 20 21
26 27
CASE NO.: C-06-00244 RMW
vs. MICRON TECHNOLOGY INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Defendants. RAMBUS INC.,
24 25
Honorable Read Ambler (Ret.)
Plaintiff,
22 23
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY
Defendants.
16 17
CASE NO.: C 05-00334 RMW
CASE NO.: C-05-02298 RMW Plaintiff,
v. SAMSUNG ELECTRONICS CO., LTD., et al., Defendants.
28 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
Document 2213
Filed 09/16/2008
Page 2 of 6
STIPULATION 1 2 3 4
WHEREAS, pursuant to the scheduling order in the above-captioned actions, dated July 16, 2008, fact discovery closed on August 29, 2008; WHEREAS this stipulation is without prejudice to the parties’ rights to move the
5
Court to reopen discovery under the Federal Rules of Civil Procedure to allow additional
6
depositions to be taken;
7 8 9 10 11 12 13 14 15
WHEREAS the parties have stipulated that the deposition of OC Kwon may be taken on September 5, 2008; WHEREAS the parties have stipulated that the 30(b)(6) deposition of Nanya Technology Corporation may be taken on September 8 and 9, 2008; WHEREAS the parties have stipulated that deposition(s) regarding topics 4 and 5 in Rambus’s 30(b)(6) notice to Micron may be taken no later than September 26, 2008; WHEREAS the parties have stipulated that the deposition of Silicon Graphics, Inc. may be taken on September 17, 2008; WHEREAS the parties have stipulated that, if the parties are unable to reach a
16
stipulation regarding topics 1 and 2 in Rambus’s 30(b)(6) notice to Micron, deposition(s)
17
covering these topics may be taken after the close of fact discovery;
18
WHEREAS the parties have stipulated that, if the parties are unable to reach a
19
stipulation regarding topic 3 in Rambus’s 30(b)(6) notice to Micron, Micron will waive
20
objections to a motion to compel filed by Rambus on that topic based solely on it being filed after
21
the deadline to file such motions set by L.R. 26-2 (but do not waive objections on any other
22
grounds), provided it is filed within seven (7) court days following written notice by either side
23
that negotiations on this issue have broken down;
24
WHEREAS the parties have stipulated that, if the parties are unable to reach a
25
stipulation as to topics 1 and 2 in Rambus’s 30(b)(6) notice to Hynix, deposition(s) covering these
26
topics may be taken after the close of fact discovery;
27 28
WHEREAS the parties have stipulated that, if the parties are unable to reach a stipulation as to topics 54-65 in the Manufacturers’ Combined 30(b)(6) notice to Rambus, -1-
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
Document 2213
Filed 09/16/2008
Page 3 of 6
1
Rambus will waive objections to a motion to compel filed by the Manufacturers on those topics
2
based solely on it being filed after the deadline to file such motions set by L.R. 26-2 (but do not
3
waive objections on any other grounds), provided it is filed within seven (7) court days following
4
written notice by either side that negotiations on this issue have broken down;
5
WHEREAS, the parties have stipulated that (1) if after reviewing documents
6
produced by Micron, Hynix, and Samsung relating to GDDR5 and/or DDR4, Rambus files a
7
motion to compel a 30(b)(6) deposition relating to alternatives and design workarounds relating to
8
work on GDDR5 and/or DDR4 of any of, Micron, Hynix, and Samsung, Micron, Hynix, and
9
Samsung will not object to such motion to compel on the ground that it was filed after the
10
deadline for filing motions to compel set by Local Rule 26-2, or on the ground that the deposition
11
was taken after the close of fact discovery, but reserves all other potential objections and
12
arguments relating thereto; and (2) if the motions of Samsung and Hynix to strike Rambus’s final
13
infringement contentions relating to GDDR5 are denied, and Rambus files a motion to compel
14
relating to GDDR5 (promptly after appropriate efforts to meet and confer with Hynix and/or
15
Samsung as necessary), Hynix and Samsung will not object to such motion on the ground that it
16
was filed after the deadline for filing motions to compel set by Local Rule 26-2, but reserves all
17
other potential objections relating thereto;
18
WHEREAS the parties have stipulated that each of them shall have until
19
September 19, 2008 to supplement their respective opening expert reports based on depositions
20
conducted pursuant to this stipulation after August 29, 2008 and before September 19, 2008; that
21
this stipulation does not limit in any way the parties’ right to supplement their opening expert
22
reports under the Federal Rules of Civil Procedure; and that, in the event that depositions
23
covering topics 1-3 in Rambus’s 30(b)(6) notice to Micron and/or topics 1 and 2 in Rambus’s
24
30(b)(6) notice to Hynix go forward pursuant to the above stipulations, Rambus shall have five
25
(5) court days to supplement its opening expert report based on these depositions;
26
WHEREAS the parties have stipulated that each of them shall have seven (7) court
27
days from the date on which a deposition conducted pursuant to this stipulation is conducted to
28
file a motion to compel on testimony objections and documents discovered in that deposition. -2-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
Document 2213
Filed 09/16/2008
Page 4 of 6
1
THEREFORE, IT IS ORDERED THAT
2
The close of fact discovery in the above-captioned actions shall be extended to
3
accommodate the agreement of counsel set forth above. The timing of the motions to compel
4
referenced above, if any such motions are filed, shall not be governed by the requirements of
5
Civil Local Rule 26-2 of the Northern District of California Local Rules, but rather, may be filed
6
pursuant to the timing of the parties’ agreement set forth above.
7
SO ORDERED
8
DATED:
________________________
______________________________ Honorable Read Ambler (Ret.)
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
1
DATED: September 16, 2008
Document 2213
Filed 09/16/2008
Page 5 of 6
MUNGER, TOLLES & OLSON LLP SIDLEY AUSTIN LLP
2
McKOOL SMITH P.C.
3 4
By: /s/ Rosemarie T. Ring ROSEMARIE T. RING
5 6
Attorneys for RAMBUS INC.
7 8
DATED: September 16, 2008
THEODORE BROWN III TOWNSEND AND TOWNSEND AND CREW LLP
9 10 By /s/ Theodore Brown III THEODORE BROWN III
11 12
Attorneys for HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC., HYNIX SEMICONDUCTOR U.K. LTD., and HYNIX SEMICONDUCTOR DEUTSCHLAND GmbH
13 14 15 16 17
DATED: September 16, 2008
SVEN RAZ WEIL, GOTSHAL & MANGES LLP
18 19
By:
20 21
/s/ Elizabeth Weiswasser ELIZABETH WEISWASSER
Attorneys for MICRON TECHNOLOGY INC., et. al.
22 23 24 25 26 27 28 -4-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
1
Document 2213
Filed 09/16/2008
Page 6 of 6
MATTHEW ANTONELLI WEIL, GOTSHAL & MANGES LLP
DATED: September 16, 2008
2 By: /s/ Matthew Antonelli MATTHEW ANTONELLI
3 4
Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., AND SAMSUNG AUSTIN SEMICONDUCTOR, L.P.
5 6 7 8
THERESA E. NORTON ORRICK HERRINGTON & SUTCLIFFE LLP
DATED: September 16, 2008
9 10 11
By: /s/ Theresa E. Norton THERESA E. NORTON
12
Attorneys for NANYA TECHNOLOGY CORPORATION and NANYA TECHNOLOGY CORPORATION U.S.A.
13 14 15 16 17 18
Filer's Attestation: I, Rosemary T. Ring, am the ECF user whose identification and password are being used
19
to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR
20
CERTAIN DISCOVERY. In compliance with General Order 45.X.B, I hereby attest that
21
Theodore Brown III, Elizabeth Weiswasser, Matthew Antonelli and Theresa E. Norton concur in
22
this filing.
23 24
By:
25
/s/ Rosemarie T. Ring Rosemarie T. Ring
26 27 28 -5-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
1
Document 2213
Filed 09/16/2008
Page 1 of 6
[Parties Listed On Signature Page]
2 3 4 5 6 7 8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
10 11 12
RAMBUS INC., Plaintiff,
13 14 15
vs. HYNIX SEMICONDUCTOR INC., et al.,
RAMBUS INC.,
18 19 20 21
26 27
CASE NO.: C-06-00244 RMW
vs. MICRON TECHNOLOGY INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Defendants. RAMBUS INC.,
24 25
Honorable Read Ambler (Ret.)
Plaintiff,
22 23
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY
Defendants.
16 17
CASE NO.: C 05-00334 RMW
CASE NO.: C-05-02298 RMW Plaintiff,
v. SAMSUNG ELECTRONICS CO., LTD., et al., Defendants.
28 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
Document 2213
Filed 09/16/2008
Page 2 of 6
STIPULATION 1 2 3 4
WHEREAS, pursuant to the scheduling order in the above-captioned actions, dated July 16, 2008, fact discovery closed on August 29, 2008; WHEREAS this stipulation is without prejudice to the parties’ rights to move the
5
Court to reopen discovery under the Federal Rules of Civil Procedure to allow additional
6
depositions to be taken;
7 8 9 10 11 12 13 14 15
WHEREAS the parties have stipulated that the deposition of OC Kwon may be taken on September 5, 2008; WHEREAS the parties have stipulated that the 30(b)(6) deposition of Nanya Technology Corporation may be taken on September 8 and 9, 2008; WHEREAS the parties have stipulated that deposition(s) regarding topics 4 and 5 in Rambus’s 30(b)(6) notice to Micron may be taken no later than September 26, 2008; WHEREAS the parties have stipulated that the deposition of Silicon Graphics, Inc. may be taken on September 17, 2008; WHEREAS the parties have stipulated that, if the parties are unable to reach a
16
stipulation regarding topics 1 and 2 in Rambus’s 30(b)(6) notice to Micron, deposition(s)
17
covering these topics may be taken after the close of fact discovery;
18
WHEREAS the parties have stipulated that, if the parties are unable to reach a
19
stipulation regarding topic 3 in Rambus’s 30(b)(6) notice to Micron, Micron will waive
20
objections to a motion to compel filed by Rambus on that topic based solely on it being filed after
21
the deadline to file such motions set by L.R. 26-2 (but do not waive objections on any other
22
grounds), provided it is filed within seven (7) court days following written notice by either side
23
that negotiations on this issue have broken down;
24
WHEREAS the parties have stipulated that, if the parties are unable to reach a
25
stipulation as to topics 1 and 2 in Rambus’s 30(b)(6) notice to Hynix, deposition(s) covering these
26
topics may be taken after the close of fact discovery;
27 28
WHEREAS the parties have stipulated that, if the parties are unable to reach a stipulation as to topics 54-65 in the Manufacturers’ Combined 30(b)(6) notice to Rambus, -1-
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
Document 2213
Filed 09/16/2008
Page 3 of 6
1
Rambus will waive objections to a motion to compel filed by the Manufacturers on those topics
2
based solely on it being filed after the deadline to file such motions set by L.R. 26-2 (but do not
3
waive objections on any other grounds), provided it is filed within seven (7) court days following
4
written notice by either side that negotiations on this issue have broken down;
5
WHEREAS, the parties have stipulated that (1) if after reviewing documents
6
produced by Micron, Hynix, and Samsung relating to GDDR5 and/or DDR4, Rambus files a
7
motion to compel a 30(b)(6) deposition relating to alternatives and design workarounds relating to
8
work on GDDR5 and/or DDR4 of any of, Micron, Hynix, and Samsung, Micron, Hynix, and
9
Samsung will not object to such motion to compel on the ground that it was filed after the
10
deadline for filing motions to compel set by Local Rule 26-2, or on the ground that the deposition
11
was taken after the close of fact discovery, but reserves all other potential objections and
12
arguments relating thereto; and (2) if the motions of Samsung and Hynix to strike Rambus’s final
13
infringement contentions relating to GDDR5 are denied, and Rambus files a motion to compel
14
relating to GDDR5 (promptly after appropriate efforts to meet and confer with Hynix and/or
15
Samsung as necessary), Hynix and Samsung will not object to such motion on the ground that it
16
was filed after the deadline for filing motions to compel set by Local Rule 26-2, but reserves all
17
other potential objections relating thereto;
18
WHEREAS the parties have stipulated that each of them shall have until
19
September 19, 2008 to supplement their respective opening expert reports based on depositions
20
conducted pursuant to this stipulation after August 29, 2008 and before September 19, 2008; that
21
this stipulation does not limit in any way the parties’ right to supplement their opening expert
22
reports under the Federal Rules of Civil Procedure; and that, in the event that depositions
23
covering topics 1-3 in Rambus’s 30(b)(6) notice to Micron and/or topics 1 and 2 in Rambus’s
24
30(b)(6) notice to Hynix go forward pursuant to the above stipulations, Rambus shall have five
25
(5) court days to supplement its opening expert report based on these depositions;
26
WHEREAS the parties have stipulated that each of them shall have seven (7) court
27
days from the date on which a deposition conducted pursuant to this stipulation is conducted to
28
file a motion to compel on testimony objections and documents discovered in that deposition. -2-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
Document 2213
Filed 09/16/2008
Page 4 of 6
1
THEREFORE, IT IS ORDERED THAT
2
The close of fact discovery in the above-captioned actions shall be extended to
3
accommodate the agreement of counsel set forth above. The timing of the motions to compel
4
referenced above, if any such motions are filed, shall not be governed by the requirements of
5
Civil Local Rule 26-2 of the Northern District of California Local Rules, but rather, may be filed
6
pursuant to the timing of the parties’ agreement set forth above.
7
SO ORDERED
8
DATED:
________________________
______________________________ Honorable Read Ambler (Ret.)
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
1
DATED: September 16, 2008
Document 2213
Filed 09/16/2008
Page 5 of 6
MUNGER, TOLLES & OLSON LLP SIDLEY AUSTIN LLP
2
McKOOL SMITH P.C.
3 4
By: /s/ Rosemarie T. Ring ROSEMARIE T. RING
5 6
Attorneys for RAMBUS INC.
7 8
DATED: September 16, 2008
THEODORE BROWN III TOWNSEND AND TOWNSEND AND CREW LLP
9 10 By /s/ Theodore Brown III THEODORE BROWN III
11 12
Attorneys for HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC., HYNIX SEMICONDUCTOR U.K. LTD., and HYNIX SEMICONDUCTOR DEUTSCHLAND GmbH
13 14 15 16 17
DATED: September 16, 2008
SVEN RAZ WEIL, GOTSHAL & MANGES LLP
18 19
By:
20 21
/s/ Elizabeth Weiswasser ELIZABETH WEISWASSER
Attorneys for MICRON TECHNOLOGY INC., et. al.
22 23 24 25 26 27 28 -4-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
Case 5:05-cv-00334-RMW
1
Document 2213
Filed 09/16/2008
Page 6 of 6
MATTHEW ANTONELLI WEIL, GOTSHAL & MANGES LLP
DATED: September 16, 2008
2 By: /s/ Matthew Antonelli MATTHEW ANTONELLI
3 4
Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., AND SAMSUNG AUSTIN SEMICONDUCTOR, L.P.
5 6 7 8
THERESA E. NORTON ORRICK HERRINGTON & SUTCLIFFE LLP
DATED: September 16, 2008
9 10 11
By: /s/ Theresa E. Norton THERESA E. NORTON
12
Attorneys for NANYA TECHNOLOGY CORPORATION and NANYA TECHNOLOGY CORPORATION U.S.A.
13 14 15 16 17 18
Filer's Attestation: I, Rosemary T. Ring, am the ECF user whose identification and password are being used
19
to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR
20
CERTAIN DISCOVERY. In compliance with General Order 45.X.B, I hereby attest that
21
Theodore Brown III, Elizabeth Weiswasser, Matthew Antonelli and Theresa E. Norton concur in
22
this filing.
23 24
By:
25
/s/ Rosemarie T. Ring Rosemarie T. Ring
26 27 28 -5-
[STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CERTAIN DISCOVERY CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
