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Case 5:05-cv-00334-RMW
1 2 3 4 5 6 7 8 9 10 11
Document 2315
Filed 09/30/2008
Page 1 of 7
GREGORY P. STONE (#78329) KEITH HAMILTON (#252115) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 E-mail: [email protected]; [email protected] BURTON A. GROSS (#166285) CAROLYN HOECKER LUEDTKE (#207976) MIRIAM KIM (#238230) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 E-mail: [email protected]; [email protected]; [email protected]
12 Attorneys for Plaintiff RAMBUS INC. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 15 16
RAMBUS INC.,
17
Plaintiff,
18 19
CASE NO.: C 05-00334 RMW
vs. HYNIX SEMICONDUCTOR INC., et al.,
20
Defendants.
21 22
RAMBUS INC.,
23
26
Trial Date: September 22, 2008 Courtroom: 6 Judge: Hon. Ronald M. Whyte CASE NO.: C 05-02298 RMW
Plaintiff,
24 25
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT OF VIDEO TESTIMONY OF JON KANG
vs. SAMSUNG ELECTRONICS CO., LTD., et al., Defendants.
27 28 6028013.1
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT OF VIDEO TESTIMONY OF JON KANG; CASE NOS. 05-00334 RMW; 05-02298 RMW
Case 5:05-cv-00334-RMW
1
Document 2315
Filed 09/30/2008
Page 2 of 7
Rambus hereby gives notice that it is lodging, concurrently herewith, a transcript of the
2
video clip of the testimony of Jon Kang played in Court on September 29, 2008.
3
The video clip was taken from the following deposition transcript:
4
Deposition of Jon Kang, taken on June 19, 2008, attached hereto as Exhibit A.
5
This Notice is being filed with the Court and will be appended to the official trial
6
transcripts and, pursuant to the parties’ agreement, will become part of the official trial transcript.
7 8
DATED: September 30, 2008
MUNGER, TOLLES & OLSON LLP
9 10 11
By:
/s/ Carolyn Hoecker Luedtke Carolyn Hoecker Luedtke
12
Attorneys for Plaintiff RAMBUS INC.
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6028013.1
-1-
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT OF VIDEO TESTIMONY OF JON KANG; CASE NOS. 05-00334 RMW; 05-02298 RMW
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Exhibit A
Page 3 of 7
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 4 of 7
Video Testimony of Jon Kang (6/19/2008 Deposition) Played 9/29/2008
9:20 9:21 9:22
Q. What is your current position at Samsung Semiconductor? A. I'm president.
23:10 23:11 23:12 23:13 23:14 23:15 23:16 23:17 23:18 23:19 23:20 23:21 23:22 23:23 23:24 23:25 24: 1 24: 2 24: 3 24: 4 24: 5 24: 6 24: 7 24: 8 24: 9 24:10 24:11 24:12 24:13 24:14 24:15 24:16 24:17 24:18 24:19 24:20 24:21 24:22
Do you recognize deposition Exhibit 9084? A. Okay. Do I recognize it? Can you define what "recognize" means for me? Q. What do you understand "recognize" to mean? A. Have I seen this before? I don't remember. Q. Is this a copy of the 2000 license agreement between Rambus and Samsung that you signed on October 31st, 2000? A. That's what it says, and my signature is here. But I don't recall, is what I'm saying. Q. You don't recall having seen this license agreement before? A. Well, I obviously have, but just to say do I recognize it, yeah, I recognize it, but I don't recall exactly what it is. Q. Did you sign a license agreement between Rambus and Samsung in October of 2000? A. Based upon this, yes. Q. Do you have any memory of signing the license agreement? A. Vaguely. Q. What was your role, if any, in the negotiation of the terms of the license agreement signed by you in October 31st of 2000 that's before you as Exhibit 9084? A. My major role was sort of a go-between between the working attorneys and my management, and to relay that, you know, the ongoings of the issues, to the management, or actually just to my boss. Q. Who was your boss? A. At the time, it was Mr. -- Dr. C.G. Hwang. Q. Who were the working attorneys that you were communicating with about the 2000 negotiations? A. Mr. Chuck Donohoe and Mr. Jay Shim. Q. Anyone else? A. I don't know if there's an attorney, but a
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Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 5 of 7
24:23 person named U-H-M. He was one of the lower-level 24:24 managers in the legal department, in the patent 24:25 department. I think he worked for Mr. Shim. 33:20 33:21 33:22 33:23 33:24 33:25 34: 1 34: 2 34: 3 34: 4 34: 5 34: 6 34: 7 34: 8 34: 9 34:10 34:11
MS. LUEDTKE: Q. Did you read the license agreement before you signed it? A. Not in its entirety. It's too long. Q. Do you remember whether you read portions of the license agreement that is deposition Exhibit 9084 before you signed it? A. I may have, depending on whether the typical issues would be -- the lawyers will tell me which issues are some key issues that I need to understand. But I don't recall which ones they were. But, I mean, that's a standard process that -- that we would go through. Q. But you don't remember before signing the 2000 license agreement with Rambus whether you read particular portions of that agreement that were brought to your attention by attorneys? A. Yes, I don't remember.
34:19 34:20 34:21 34:22 34:23 34:24 34:25 35: 1
MS. LUEDTKE: Q. Do you remember whether or not you read any portion of the license agreement that's Exhibit 9084 prior to signing it on October 31st, 2000? A. I don't recall what -- what -- which portions that I read. Q. Do you recall that you did read portions? A. Honestly, I don't remember.
37: 5 Q. Describe the process that Samsung went 37: 6 through to have the board approve the license 37: 7 agreement that you ultimately signed on 37: 8 October 31st, 2000? 37:15 37:16 37:17 37:18 37:19 37:20 37:21 37:22 37:23 37:24
THE WITNESS: Okay. My personal -- which is not 100 percent knowledgeable, you know, we ask for approval from the head of the semiconductor division, and that goes to approval by head of Samsung Electronics, which is, you know, Mr. Yoon and his board. MS. LUEDTKE: Q. When you say "we ask for approval from the head of the semiconductor division," who is "we"? A. People who are negotiating the agreement.
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Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 6 of 7
37:25 But, essentially, myself and Jay Shim were the two 38: 1 people who were chasing down signatures. 207: 7 207: 8 207: 9 207:10 207:11 207:12 207:13 207:14 207:15 207:16 207:17 207:18 207:19 207:20 207:21 207:22 207:23 207:24 207:25 208: 1 208: 2 208: 3 208: 4 208: 5 208: 6 208: 7 208: 8 208: 9 208:10 208:11 208:12
Q. Have you at any point looked at your 2000 and 2001 notebooks to see if there are any notes in those notebooks related to Rambus license negotiations? A. I have no idea where my notebooks are. Q. What do you typically do with your notebooks when you finish a year, fill a notebook? A. I may have kept it around for one year, but typically after a year I just do a garbage flush of all my written materials and probably gets down into the shredder after a year or two. I don't have an exact date. But, you know, there comes a time when there's -- at the end of the year, some dwell time and getting rid of paperwork. Q. Have you at any point changed your practice of doing a garbage flush of your written materials after a year or so? A. It's very random. Whenever I have -- the drawer gets filled up, then I do a garbage flush of paperwork, yes. Q. Has anybody ever told you to keep materials related to Rambus? A. Typically, the attorneys will send out an e-mail when there is a -- you know, some kind of litigation or discovery phase that says do not destroy or do not throw away, that type of stuff. I received one, but I don't recall whether it was for Rambus or from something else. I did receive one. But, you know, I think I didn't pay much attention because it wasn't probably relevant to me, and I'm not sure if it was for Rambus at all.
209:24 209:25 210: 1 210: 2 210: 3 210: 4 210: 5 210: 6 210: 7 210: 8 210: 9
Q. If you had received any e-mails related to licensing negotiations with Rambus in 2000 or 2001, do you know where those e-mails would be now? A. No. Q. Do you follow a practice with respect to keeping or archiving your e-mails? A. No. Q. Do you know -A. It just stays there. Then it automatically erases after a certain time off of my computer. Now where it goes, I don't know.
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Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 7 of 7
210:20 Q. Do you give your materials now at Samsung 210:21 Semiconductor to someone else to shred? 210:22 A. No. 210:23 Q. What did you do with them? 210:24 A. I just rip them up. 210:25 Q. You shred them by hand? 211: 1 A. Yes. 211:22 MS. LUEDTKE: Q. In all of your work on 211:23 Rambus-related matters when you were at Samsung, did 211:24 you communicate with people by e-mail? 211:25 A. Yes. 212:13 Q. Have you ever given one of your notebooks 212:14 to someone to preserve or maintain? 212:15 A. No.
Total Length - 00:07:14
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1 2 3 4 5 6 7 8 9 10 11
Document 2315
Filed 09/30/2008
Page 1 of 7
GREGORY P. STONE (#78329) KEITH HAMILTON (#252115) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 E-mail: [email protected]; [email protected] BURTON A. GROSS (#166285) CAROLYN HOECKER LUEDTKE (#207976) MIRIAM KIM (#238230) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 E-mail: [email protected]; [email protected]; [email protected]
12 Attorneys for Plaintiff RAMBUS INC. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 15 16
RAMBUS INC.,
17
Plaintiff,
18 19
CASE NO.: C 05-00334 RMW
vs. HYNIX SEMICONDUCTOR INC., et al.,
20
Defendants.
21 22
RAMBUS INC.,
23
26
Trial Date: September 22, 2008 Courtroom: 6 Judge: Hon. Ronald M. Whyte CASE NO.: C 05-02298 RMW
Plaintiff,
24 25
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT OF VIDEO TESTIMONY OF JON KANG
vs. SAMSUNG ELECTRONICS CO., LTD., et al., Defendants.
27 28 6028013.1
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT OF VIDEO TESTIMONY OF JON KANG; CASE NOS. 05-00334 RMW; 05-02298 RMW
Case 5:05-cv-00334-RMW
1
Document 2315
Filed 09/30/2008
Page 2 of 7
Rambus hereby gives notice that it is lodging, concurrently herewith, a transcript of the
2
video clip of the testimony of Jon Kang played in Court on September 29, 2008.
3
The video clip was taken from the following deposition transcript:
4
Deposition of Jon Kang, taken on June 19, 2008, attached hereto as Exhibit A.
5
This Notice is being filed with the Court and will be appended to the official trial
6
transcripts and, pursuant to the parties’ agreement, will become part of the official trial transcript.
7 8
DATED: September 30, 2008
MUNGER, TOLLES & OLSON LLP
9 10 11
By:
/s/ Carolyn Hoecker Luedtke Carolyn Hoecker Luedtke
12
Attorneys for Plaintiff RAMBUS INC.
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6028013.1
-1-
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT OF VIDEO TESTIMONY OF JON KANG; CASE NOS. 05-00334 RMW; 05-02298 RMW
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Exhibit A
Page 3 of 7
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 4 of 7
Video Testimony of Jon Kang (6/19/2008 Deposition) Played 9/29/2008
9:20 9:21 9:22
Q. What is your current position at Samsung Semiconductor? A. I'm president.
23:10 23:11 23:12 23:13 23:14 23:15 23:16 23:17 23:18 23:19 23:20 23:21 23:22 23:23 23:24 23:25 24: 1 24: 2 24: 3 24: 4 24: 5 24: 6 24: 7 24: 8 24: 9 24:10 24:11 24:12 24:13 24:14 24:15 24:16 24:17 24:18 24:19 24:20 24:21 24:22
Do you recognize deposition Exhibit 9084? A. Okay. Do I recognize it? Can you define what "recognize" means for me? Q. What do you understand "recognize" to mean? A. Have I seen this before? I don't remember. Q. Is this a copy of the 2000 license agreement between Rambus and Samsung that you signed on October 31st, 2000? A. That's what it says, and my signature is here. But I don't recall, is what I'm saying. Q. You don't recall having seen this license agreement before? A. Well, I obviously have, but just to say do I recognize it, yeah, I recognize it, but I don't recall exactly what it is. Q. Did you sign a license agreement between Rambus and Samsung in October of 2000? A. Based upon this, yes. Q. Do you have any memory of signing the license agreement? A. Vaguely. Q. What was your role, if any, in the negotiation of the terms of the license agreement signed by you in October 31st of 2000 that's before you as Exhibit 9084? A. My major role was sort of a go-between between the working attorneys and my management, and to relay that, you know, the ongoings of the issues, to the management, or actually just to my boss. Q. Who was your boss? A. At the time, it was Mr. -- Dr. C.G. Hwang. Q. Who were the working attorneys that you were communicating with about the 2000 negotiations? A. Mr. Chuck Donohoe and Mr. Jay Shim. Q. Anyone else? A. I don't know if there's an attorney, but a
V104
1
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 5 of 7
24:23 person named U-H-M. He was one of the lower-level 24:24 managers in the legal department, in the patent 24:25 department. I think he worked for Mr. Shim. 33:20 33:21 33:22 33:23 33:24 33:25 34: 1 34: 2 34: 3 34: 4 34: 5 34: 6 34: 7 34: 8 34: 9 34:10 34:11
MS. LUEDTKE: Q. Did you read the license agreement before you signed it? A. Not in its entirety. It's too long. Q. Do you remember whether you read portions of the license agreement that is deposition Exhibit 9084 before you signed it? A. I may have, depending on whether the typical issues would be -- the lawyers will tell me which issues are some key issues that I need to understand. But I don't recall which ones they were. But, I mean, that's a standard process that -- that we would go through. Q. But you don't remember before signing the 2000 license agreement with Rambus whether you read particular portions of that agreement that were brought to your attention by attorneys? A. Yes, I don't remember.
34:19 34:20 34:21 34:22 34:23 34:24 34:25 35: 1
MS. LUEDTKE: Q. Do you remember whether or not you read any portion of the license agreement that's Exhibit 9084 prior to signing it on October 31st, 2000? A. I don't recall what -- what -- which portions that I read. Q. Do you recall that you did read portions? A. Honestly, I don't remember.
37: 5 Q. Describe the process that Samsung went 37: 6 through to have the board approve the license 37: 7 agreement that you ultimately signed on 37: 8 October 31st, 2000? 37:15 37:16 37:17 37:18 37:19 37:20 37:21 37:22 37:23 37:24
THE WITNESS: Okay. My personal -- which is not 100 percent knowledgeable, you know, we ask for approval from the head of the semiconductor division, and that goes to approval by head of Samsung Electronics, which is, you know, Mr. Yoon and his board. MS. LUEDTKE: Q. When you say "we ask for approval from the head of the semiconductor division," who is "we"? A. People who are negotiating the agreement.
V104
2
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 6 of 7
37:25 But, essentially, myself and Jay Shim were the two 38: 1 people who were chasing down signatures. 207: 7 207: 8 207: 9 207:10 207:11 207:12 207:13 207:14 207:15 207:16 207:17 207:18 207:19 207:20 207:21 207:22 207:23 207:24 207:25 208: 1 208: 2 208: 3 208: 4 208: 5 208: 6 208: 7 208: 8 208: 9 208:10 208:11 208:12
Q. Have you at any point looked at your 2000 and 2001 notebooks to see if there are any notes in those notebooks related to Rambus license negotiations? A. I have no idea where my notebooks are. Q. What do you typically do with your notebooks when you finish a year, fill a notebook? A. I may have kept it around for one year, but typically after a year I just do a garbage flush of all my written materials and probably gets down into the shredder after a year or two. I don't have an exact date. But, you know, there comes a time when there's -- at the end of the year, some dwell time and getting rid of paperwork. Q. Have you at any point changed your practice of doing a garbage flush of your written materials after a year or so? A. It's very random. Whenever I have -- the drawer gets filled up, then I do a garbage flush of paperwork, yes. Q. Has anybody ever told you to keep materials related to Rambus? A. Typically, the attorneys will send out an e-mail when there is a -- you know, some kind of litigation or discovery phase that says do not destroy or do not throw away, that type of stuff. I received one, but I don't recall whether it was for Rambus or from something else. I did receive one. But, you know, I think I didn't pay much attention because it wasn't probably relevant to me, and I'm not sure if it was for Rambus at all.
209:24 209:25 210: 1 210: 2 210: 3 210: 4 210: 5 210: 6 210: 7 210: 8 210: 9
Q. If you had received any e-mails related to licensing negotiations with Rambus in 2000 or 2001, do you know where those e-mails would be now? A. No. Q. Do you follow a practice with respect to keeping or archiving your e-mails? A. No. Q. Do you know -A. It just stays there. Then it automatically erases after a certain time off of my computer. Now where it goes, I don't know.
V104
3
Case 5:05-cv-00334-RMW
Document 2315
Filed 09/30/2008
Page 7 of 7
210:20 Q. Do you give your materials now at Samsung 210:21 Semiconductor to someone else to shred? 210:22 A. No. 210:23 Q. What did you do with them? 210:24 A. I just rip them up. 210:25 Q. You shred them by hand? 211: 1 A. Yes. 211:22 MS. LUEDTKE: Q. In all of your work on 211:23 Rambus-related matters when you were at Samsung, did 211:24 you communicate with people by e-mail? 211:25 A. Yes. 212:13 Q. Have you ever given one of your notebooks 212:14 to someone to preserve or maintain? 212:15 A. No.
Total Length - 00:07:14
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4
