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Case 5:05-cv-00334-RMW
1 2 3 4 5
Document 2312
Filed 09/29/2008
Page 1 of 3
ROBERT E. FREITAS (STATE BAR NO. 80948) CRAIG R. KAUFMAN (STATE BAR NO. 159458) VICKIE L. FEEMAN (STATE BAR NO. 177487) THERESA E. NORTON (STATE BAR NO. 193530) JACOB M. HEATH (STATE BAR NO. 238959) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401
6 7
Attorneys for Defendants and Counterclaim Plaintiffs NANYA TECHNOLOGY CORPORATION and NANYA TECHNOLOGY CORPORATION U.S.A.
8 9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN JOSE DIVISION
12
RAMBUS INC.,
13 14 15 16
Case No. CV-05-00334 RMW Plaintiff,
v. HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA, INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC.,
DECLARATION OF JACOB M. HEATH IN SUPPORT OF NANYA TECHNOLOGY CORPORATION AND NANYA TECHNOLOGY CORPORATION USA’S REPLY TO RAMBUS’ OPPOSITION TO THE MOTION RE-OPEN DISCOVERY AS TO CERTAIN DEPOSITIONS
17 18 19
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
Date: Time: Location: Judge:
October 1, 2008 8:30 a.m. Telephonic Hearing Hon. Read A. Ambler (Ret.)
20 21
NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A.,
22 Defendants. 23 24 AND RELATED ACTIONS. 25 26 27 28 HEATH DECLARATION RE NANYA’S REPLY RE MOTION TO RE-OPEN DISCOVERY CASE NO. C05-00334 RMW
Case 5:05-cv-00334-RMW
Document 2312
1
I, Jacob M. Heath declare as follows:
2
1.
Filed 09/29/2008
Page 2 of 3
I am an attorney the law firm of Orrick, Herrington & Sutcliffe LLP, counsel of
3
record for defendants and counterclaim plaintiffs Nanya Technology Corporation (“Nanya”)
4
and Nanya Technology Corporation USA (“Nanya USA”). I have personal knowledge of the
5
following facts and if called as a witness I could and would testify competently to them.
6
2.
In May of 2008, I began to work on a project to identify, locate, and contact
7
individuals who could potentially rebut Rambus’ claims that the JEDEC member companies
8
stole Rambus technology. After reviewing JEDEC meeting minutes from the 1980s through the
9
late 1990s, presentations made during these JEDEC meetings, publications by JEDEC attendees
10
and individuals from JEDEC member companies and relevant prior testimony and trial exhibits, I
11
composed a list of over eighty (80) individuals who I concluded might have information
12
regarding Rambus’ claims. In June of 2008, I began my efforts to locate these 80 individuals. In
13
many instances, I had to rely on information that was ten, fifteen or twenty years old, which
14
hampered my efforts. By the early July 2008, I began the process of contacting these individuals
15
to evaluate their ability to testify regarding Rambus’ claims. This process continued through the
16
second week of August of 2008.
17
3.
On or about August 14, 2008, Rambus served a subpoena on a third party
18
company called Silicon Graphics, Inc. (“SGI”). Nanya and Nanya USA received this subpoena
19
on or about August 15, 2008. The subpoena set SGI’s deposition to take place on August 25,
20
2008.
21
4.
On or about August 14, 2008, I contacted Juan Pineda to determine his
22
availability for his deposition. Mr. Pineda stated that he would be available on August 25, 2008
23
or August 26, 2008 for his deposition.
24
5.
On or about August 19, 2008, I contacted Howard Kalter to determine his
25
availability for his deposition. Mr. Kalter informed me that he would be available anytime after
26
10:30 a.m. during the week of August 25, 2008 for his deposition.
27 28
6.
Instructed that attorneys for Nanya and Nanya USA might need to depose Mr.
Pineda, Mr. Kalter, Mr. Powell, and Mr. Chapman as early as August 25, 2008, on our about -1-
HEATH DECLARATION RE NANYA’S REPLY RE MOTION TO RE-OPEN DISCOVERY CASE NO. C05-00334 RMW
Case 5:05-cv-00334-RMW
Document 2312
Filed 09/29/2008
Page 3 of 3
1
August 20, 2008, I, along with several other attorneys, paralegals and staff began preparations to
2
take the depositions Mr. Pineda, Mr. Kalter, Mr. Powell, and Mr. Chapman.
3 4
I declare under penalty of perjury of the laws of the Unites States of America that the
5
foregoing is true and correct to the best of my knowledge. Executed this the 29th day of
6
September, 2008 in Los Angeles, California.
7 8 /s/ Jacob M. Heath Jacob M. Heath
9 10 11
OHS West:260522334.1
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
NORTON DECLARATION RE NANYA’S MOTION TO RE-OPEN DISCOVERY CASE NO. C05-00334 RMW
1 2 3 4 5
Document 2312
Filed 09/29/2008
Page 1 of 3
ROBERT E. FREITAS (STATE BAR NO. 80948) CRAIG R. KAUFMAN (STATE BAR NO. 159458) VICKIE L. FEEMAN (STATE BAR NO. 177487) THERESA E. NORTON (STATE BAR NO. 193530) JACOB M. HEATH (STATE BAR NO. 238959) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401
6 7
Attorneys for Defendants and Counterclaim Plaintiffs NANYA TECHNOLOGY CORPORATION and NANYA TECHNOLOGY CORPORATION U.S.A.
8 9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN JOSE DIVISION
12
RAMBUS INC.,
13 14 15 16
Case No. CV-05-00334 RMW Plaintiff,
v. HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA, INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC.,
DECLARATION OF JACOB M. HEATH IN SUPPORT OF NANYA TECHNOLOGY CORPORATION AND NANYA TECHNOLOGY CORPORATION USA’S REPLY TO RAMBUS’ OPPOSITION TO THE MOTION RE-OPEN DISCOVERY AS TO CERTAIN DEPOSITIONS
17 18 19
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
Date: Time: Location: Judge:
October 1, 2008 8:30 a.m. Telephonic Hearing Hon. Read A. Ambler (Ret.)
20 21
NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A.,
22 Defendants. 23 24 AND RELATED ACTIONS. 25 26 27 28 HEATH DECLARATION RE NANYA’S REPLY RE MOTION TO RE-OPEN DISCOVERY CASE NO. C05-00334 RMW
Case 5:05-cv-00334-RMW
Document 2312
1
I, Jacob M. Heath declare as follows:
2
1.
Filed 09/29/2008
Page 2 of 3
I am an attorney the law firm of Orrick, Herrington & Sutcliffe LLP, counsel of
3
record for defendants and counterclaim plaintiffs Nanya Technology Corporation (“Nanya”)
4
and Nanya Technology Corporation USA (“Nanya USA”). I have personal knowledge of the
5
following facts and if called as a witness I could and would testify competently to them.
6
2.
In May of 2008, I began to work on a project to identify, locate, and contact
7
individuals who could potentially rebut Rambus’ claims that the JEDEC member companies
8
stole Rambus technology. After reviewing JEDEC meeting minutes from the 1980s through the
9
late 1990s, presentations made during these JEDEC meetings, publications by JEDEC attendees
10
and individuals from JEDEC member companies and relevant prior testimony and trial exhibits, I
11
composed a list of over eighty (80) individuals who I concluded might have information
12
regarding Rambus’ claims. In June of 2008, I began my efforts to locate these 80 individuals. In
13
many instances, I had to rely on information that was ten, fifteen or twenty years old, which
14
hampered my efforts. By the early July 2008, I began the process of contacting these individuals
15
to evaluate their ability to testify regarding Rambus’ claims. This process continued through the
16
second week of August of 2008.
17
3.
On or about August 14, 2008, Rambus served a subpoena on a third party
18
company called Silicon Graphics, Inc. (“SGI”). Nanya and Nanya USA received this subpoena
19
on or about August 15, 2008. The subpoena set SGI’s deposition to take place on August 25,
20
2008.
21
4.
On or about August 14, 2008, I contacted Juan Pineda to determine his
22
availability for his deposition. Mr. Pineda stated that he would be available on August 25, 2008
23
or August 26, 2008 for his deposition.
24
5.
On or about August 19, 2008, I contacted Howard Kalter to determine his
25
availability for his deposition. Mr. Kalter informed me that he would be available anytime after
26
10:30 a.m. during the week of August 25, 2008 for his deposition.
27 28
6.
Instructed that attorneys for Nanya and Nanya USA might need to depose Mr.
Pineda, Mr. Kalter, Mr. Powell, and Mr. Chapman as early as August 25, 2008, on our about -1-
HEATH DECLARATION RE NANYA’S REPLY RE MOTION TO RE-OPEN DISCOVERY CASE NO. C05-00334 RMW
Case 5:05-cv-00334-RMW
Document 2312
Filed 09/29/2008
Page 3 of 3
1
August 20, 2008, I, along with several other attorneys, paralegals and staff began preparations to
2
take the depositions Mr. Pineda, Mr. Kalter, Mr. Powell, and Mr. Chapman.
3 4
I declare under penalty of perjury of the laws of the Unites States of America that the
5
foregoing is true and correct to the best of my knowledge. Executed this the 29th day of
6
September, 2008 in Los Angeles, California.
7 8 /s/ Jacob M. Heath Jacob M. Heath
9 10 11
OHS West:260522334.1
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-
NORTON DECLARATION RE NANYA’S MOTION TO RE-OPEN DISCOVERY CASE NO. C05-00334 RMW
