2255
This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA
Overview
Download & View 2255 as PDF for free.
More details
- Words: 1,071
- Pages: 15
Case 5:05-cv-00334-RMW
1 2 3 4 5
Document 2255
Filed 09/22/2008
Page 1 of 15
MARK FLANAGAN (SBN: 130303) [email protected] NATHAN WALKER (SBN: 206128) [email protected] WILMER CUTLER PICKERING HALE AND DORR LLP 1117 California Avenue Palo Alto, CA 94304 Tel. (650) 858-6000 Fax. (650) 858-6100
6 7
Attorneys for Non-Parties INTERDIGITAL TECHNOLOGY CORPORATION and INTERDIGITAL COMMUNICATIONS, LLC
8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 1117 California Avenue Palo Alto, CA 94304
Wilmer Cutler Pickering Hale and Dorr LLP
9
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
) ) ) Plaintiff, ) ) vs. ) ) HYNIX SEMICONDUCTOR, INC., et al, ) ) ) ) Defendants. ) ) ) ) ) ) ) ) ) RAMBUS, INC., ) ) Plaintiff, ) ) vs. ) ) SAMSUNG ELECTRONICS CO. LTD., et al, ) ) ) ) Defendants. ) ) ) RAMBUS, INC.,
Case No. 05-00334 (RMW) and Case No. 00-02298 (RMW) DECLARATION OF NATHAN L. WALKER IN SUPPORT OF EMERGENCY MOTION BY NON-PARTIES INTERDIGITAL COMMUNICATIONS, LLC AND INTERDIGITAL TECHNOLOGY CORPORATION FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT DURING DISCUSSION OF INTERDIGITAL’S CONFIDENTIAL INFORMATION Date: September 23, 2008 Courtroom: 6 Judge: Hon. Ronald M. Whyte
DECLARATION OF NATHAN WALKER IN SUPPORT OF INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT Case Nos. 05-00334 (RMW) and C 05-02298 (RMW) US1DOCS 6826532v1
Case 5:05-cv-00334-RMW
1
I, Nathan Walker, declare as follows:
2
1.
Page 2 of 15
I am of Counsel at Wilmer Cutler Pickering Hale and Dorr LLP, counsel for third-
parties InterDigital Communications, LLC and InterDigital Technology Corporation (collectively
4
“InterDigital”). I submit this declaration in support of InterDigital’s Emergency Motion for An
5
Order Closing the Courtroom and Sealing the Transcript During Discussion of InterDigital’s
6
Confidential Information, dated September 22, 2008. I have personal knowledge of the facts stated
7
herein.
9
1117 California Avenue Palo Alto, CA 94304
Filed 09/22/2008
3
8
Wilmer Cutler Pickering Hale and Dorr LLP
Document 2255
2.
On or about July 8, 2008, InterDigital received from counsel for Samsung Electronic
Co. Ltd a letter stating that Samsung intended to produce to Rambus certain confidential InterDigital
10
documents, including (a) a Patent License Agreement (the “PLA”) between InterDigital and
11
Samsung; and (b) an arbitration Award (the “Award”) from a prior arbitration between InterDigital
12
and Samsung (the “Arbitration”). A true and correct copy of this letter is attached hereto as
13
Exhibit 1.
14
3.
Although InterDigital objected to Samsung’s production of these documents, it
15
ultimately reached an agreement with Rambus and Samsung under which InterDigital redacted
16
certain limited information from the documents and then produced them to Rambus under the
17
Protective Order as “Confidential—Outside Counsel Only” material.
18
4.
On September 5, 2008, InterDigital received from Rambus a letter stating that
19
Rambus might seek to introduce at trial the PLA and the Arbitration Award. A true and correct copy
20
of this letter is attached hereto as Exhibit 2.
21
5.
On September 12, 2008, InterDigital received from Rambus an email indicating that
22
Rambus may use as exhibits at trial several additional documents which contain confidential
23
InterDigital information, including a declaration of Charles R. Donohoe from the Arbitration, and a
24
brief filed by Samsung in the Arbitration. A true and correct copy of the email, without attachments,
25
is attached hereto as Exhibit 3.
26 27 28
DECLARATION OF NATHAN WALKER IN SUPPORT OF INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT Case Nos. 05-00334 RMW and C 05-02298 (RMW)
-1US1DOCS 6826532v1
Case 5:05-cv-00334-RMW
1
1117 California Avenue Palo Alto, CA 94304
Filed 09/22/2008
Page 3 of 15
InterDigital objected to the public disclosure of the documents Rambus had
2
identified, and I met and conferred with Rambus counsel about InterDigital’s confidentiality
3
concerns.
4
7.
On September 14, 2008, Rambus and InterDigital reached an agreement in an attempt
5
to avoid unnecessary motion practice. Specifically, Rambus agreed to provide InterDigital with two
6
full two business days’ notice before seeking to use the InterDigital documents at trial, so that
7
InterDigital would have an opportunity to seek protection from the Court in the event the an
8
otherwise acceptable stipulation could not be reached.
9 Wilmer Cutler Pickering Hale and Dorr LLP
6.
Document 2255
8.
On the evening of Sunday, September 21, Rambus notified InterDigital that it intends
10
to use at trial on Tuesday, September 23 the PLA, the Award, a declaration of Charles Donohoe
11
submitted in the Arbitration, and a brief filed by Samsung in the Arbitration.
12
9.
Today, on September 22, counsel for Rambus sent InterDigital an email, identifying
13
the specific pages of those documents that it intends to use (collectively, those pages are referred to
14
herein as “InterDigital Confidential Documents”), and advised me that Rambus may be willing to
15
redact portions InterDigital Confidential Documents. A true and correct copy of the email is
16
attached hereto as Exhibit 4.
17 18 19 20
10.
InterDigital and Rambus have not reached an agreement for redactions that
adequately would protect InterDigital’s confidentiality concerns. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
21
Executed in Palo Alto, California on the 22nd day of September, 2008.
22 23
By:
24
/s/ Nathan Walker Nathan Walker
25 26 27 28
DECLARATION OF NATHAN WALKER IN SUPPORT OF INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT Case Nos. 05-00334 RMW and C 05-02298 (RMW)
-2US1DOCS 6826532v1
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 4 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 5 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 6 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 7 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 8 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 9 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 10 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 11 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 12 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 13 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 14 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 15 of 15
1 2 3 4 5
Document 2255
Filed 09/22/2008
Page 1 of 15
MARK FLANAGAN (SBN: 130303) [email protected] NATHAN WALKER (SBN: 206128) [email protected] WILMER CUTLER PICKERING HALE AND DORR LLP 1117 California Avenue Palo Alto, CA 94304 Tel. (650) 858-6000 Fax. (650) 858-6100
6 7
Attorneys for Non-Parties INTERDIGITAL TECHNOLOGY CORPORATION and INTERDIGITAL COMMUNICATIONS, LLC
8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 1117 California Avenue Palo Alto, CA 94304
Wilmer Cutler Pickering Hale and Dorr LLP
9
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
) ) ) Plaintiff, ) ) vs. ) ) HYNIX SEMICONDUCTOR, INC., et al, ) ) ) ) Defendants. ) ) ) ) ) ) ) ) ) RAMBUS, INC., ) ) Plaintiff, ) ) vs. ) ) SAMSUNG ELECTRONICS CO. LTD., et al, ) ) ) ) Defendants. ) ) ) RAMBUS, INC.,
Case No. 05-00334 (RMW) and Case No. 00-02298 (RMW) DECLARATION OF NATHAN L. WALKER IN SUPPORT OF EMERGENCY MOTION BY NON-PARTIES INTERDIGITAL COMMUNICATIONS, LLC AND INTERDIGITAL TECHNOLOGY CORPORATION FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT DURING DISCUSSION OF INTERDIGITAL’S CONFIDENTIAL INFORMATION Date: September 23, 2008 Courtroom: 6 Judge: Hon. Ronald M. Whyte
DECLARATION OF NATHAN WALKER IN SUPPORT OF INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT Case Nos. 05-00334 (RMW) and C 05-02298 (RMW) US1DOCS 6826532v1
Case 5:05-cv-00334-RMW
1
I, Nathan Walker, declare as follows:
2
1.
Page 2 of 15
I am of Counsel at Wilmer Cutler Pickering Hale and Dorr LLP, counsel for third-
parties InterDigital Communications, LLC and InterDigital Technology Corporation (collectively
4
“InterDigital”). I submit this declaration in support of InterDigital’s Emergency Motion for An
5
Order Closing the Courtroom and Sealing the Transcript During Discussion of InterDigital’s
6
Confidential Information, dated September 22, 2008. I have personal knowledge of the facts stated
7
herein.
9
1117 California Avenue Palo Alto, CA 94304
Filed 09/22/2008
3
8
Wilmer Cutler Pickering Hale and Dorr LLP
Document 2255
2.
On or about July 8, 2008, InterDigital received from counsel for Samsung Electronic
Co. Ltd a letter stating that Samsung intended to produce to Rambus certain confidential InterDigital
10
documents, including (a) a Patent License Agreement (the “PLA”) between InterDigital and
11
Samsung; and (b) an arbitration Award (the “Award”) from a prior arbitration between InterDigital
12
and Samsung (the “Arbitration”). A true and correct copy of this letter is attached hereto as
13
Exhibit 1.
14
3.
Although InterDigital objected to Samsung’s production of these documents, it
15
ultimately reached an agreement with Rambus and Samsung under which InterDigital redacted
16
certain limited information from the documents and then produced them to Rambus under the
17
Protective Order as “Confidential—Outside Counsel Only” material.
18
4.
On September 5, 2008, InterDigital received from Rambus a letter stating that
19
Rambus might seek to introduce at trial the PLA and the Arbitration Award. A true and correct copy
20
of this letter is attached hereto as Exhibit 2.
21
5.
On September 12, 2008, InterDigital received from Rambus an email indicating that
22
Rambus may use as exhibits at trial several additional documents which contain confidential
23
InterDigital information, including a declaration of Charles R. Donohoe from the Arbitration, and a
24
brief filed by Samsung in the Arbitration. A true and correct copy of the email, without attachments,
25
is attached hereto as Exhibit 3.
26 27 28
DECLARATION OF NATHAN WALKER IN SUPPORT OF INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT Case Nos. 05-00334 RMW and C 05-02298 (RMW)
-1US1DOCS 6826532v1
Case 5:05-cv-00334-RMW
1
1117 California Avenue Palo Alto, CA 94304
Filed 09/22/2008
Page 3 of 15
InterDigital objected to the public disclosure of the documents Rambus had
2
identified, and I met and conferred with Rambus counsel about InterDigital’s confidentiality
3
concerns.
4
7.
On September 14, 2008, Rambus and InterDigital reached an agreement in an attempt
5
to avoid unnecessary motion practice. Specifically, Rambus agreed to provide InterDigital with two
6
full two business days’ notice before seeking to use the InterDigital documents at trial, so that
7
InterDigital would have an opportunity to seek protection from the Court in the event the an
8
otherwise acceptable stipulation could not be reached.
9 Wilmer Cutler Pickering Hale and Dorr LLP
6.
Document 2255
8.
On the evening of Sunday, September 21, Rambus notified InterDigital that it intends
10
to use at trial on Tuesday, September 23 the PLA, the Award, a declaration of Charles Donohoe
11
submitted in the Arbitration, and a brief filed by Samsung in the Arbitration.
12
9.
Today, on September 22, counsel for Rambus sent InterDigital an email, identifying
13
the specific pages of those documents that it intends to use (collectively, those pages are referred to
14
herein as “InterDigital Confidential Documents”), and advised me that Rambus may be willing to
15
redact portions InterDigital Confidential Documents. A true and correct copy of the email is
16
attached hereto as Exhibit 4.
17 18 19 20
10.
InterDigital and Rambus have not reached an agreement for redactions that
adequately would protect InterDigital’s confidentiality concerns. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
21
Executed in Palo Alto, California on the 22nd day of September, 2008.
22 23
By:
24
/s/ Nathan Walker Nathan Walker
25 26 27 28
DECLARATION OF NATHAN WALKER IN SUPPORT OF INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE TRANSCRIPT Case Nos. 05-00334 RMW and C 05-02298 (RMW)
-2US1DOCS 6826532v1
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 4 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 5 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 6 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 7 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 8 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 9 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 10 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 11 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 12 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 13 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 14 of 15
Case 5:05-cv-00334-RMW
Document 2255
Filed 09/22/2008
Page 15 of 15
Related Documents
2255
May 2020 12
2255
October 2019 28
20090724a Opposition To 2255 Motion
June 2020 10
Amended 2255 Motion 22-26
June 2020 6
Reply In Support Of 2255
June 2020 9
