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Case 5:05-cv-00334-RMW

Document 2424

Filed 10/24/2008

Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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RAMBUS INC.,

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v.

Plaintiff,

HYNIX SEMICONDUCTOR INC., et al.,

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Defendants.

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Case No. C 05-00334 RMW [PROPOSED] ORDER GRANTING THE MANUFACTURERS’ DAUBERT MOTION NO. 2 (TO PRECLUDE TESTIMONY OF ROBERT MURPHY REGARDING PTO PROCEDURE AND PATENT FILE HISTORIES) Date: Time: Location: Judge:

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December 2, 2008 2:00 p.m. Courtroom 6 Hon. Ronald M. Whyte

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RAMBUS INC.,

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Case No. C 06-00244 RMW Plaintiff,

v. MICRON TECHNOLOGY, INC., and MICRON SEMICONDUCTOR PRODUCTS, INC.,

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Defendants.

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RAMBUS INC.,

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v.

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Plaintiff,

Case No. C 05-02298 RMW

SAMSUNG ELECTRONICS CO., LTD., et al., Defendants.

28 PROPOSED ORDER GRANTING THE MANUFACTURERS’ DAUBERT MOTION N O. 2 CASE NO. 05-00334 RMW

Case 5:05-cv-00334-RMW

Document 2424

Filed 10/24/2008

Page 2 of 2

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On December 2, 2008, the Court heard the Manufacturers' Daubert Motion No. 2

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to preclude Rambus's expert Robert J. Murphy from testifying at trial about topics relating to the

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file history excerpts, U.S. Patent and Trademark Office procedure and patent law, as identified in

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paragraphs 41, 88-100, 101-104, 106, 109-111, 114-116, 118-122, 126-130, 132, 134-136, 138-

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139, 141-148, 150-151, 203-219, 227-228, 281 and any footnotes included therein of Mr.

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Murphy's September 26, 2008 Rebuttal Expert Report on Patent Validity. Having considered the

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papers submitted in support of and in opposition to the motion, and the arguments of counsel, and

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good cause appearing therefore:

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IT IS HEREBY ORDERED that: Mr. Murphy is precluded from testifying at trial about topics relating to file history

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excerpts, Patent Office procedure and patent law, as identified in the following paragraphs of his

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September 26, 2008 Rebuttal Expert Report: 41, 88-100, 101-104, 106, 109-111, 114-116, 118-

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122, 126-130, 132, 134-136, 138-139, 141-148, 150-151, 203-219, 227-228, 281 and any

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footnotes included therein.

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IT IS SO ORDERED.

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Dated: _____________________, 2008

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Honorable Ronald M. Whyte

20 21 22 23 24 25 26 27 28 PROPOSED ORDER GRANTING THE MANUFACTURERS’ DAUBERT MOTION N O. 2 CASE NO. 05-00334 RMW

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