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Case 5:05-cv-00334-RMW
1
Document 3044
Filed 01/09/2009
Page 1 of 16
Attorneys Listed On Signature Page
2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
9 10
RAMBUS INC.,
11
Plaintiff, v.
12 13 14 15 16 17 18 19
HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC.,
Case No. C 05-00334 RMW JOINT MANUFACTURERS’ REVISED WITNESS LIST FOR JANUARY 19, 2009 TRIAL Date: January 19, 2009 Courtroom: 6 Judge: Hon. Ronald M. Whyte
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P., NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A.,
20 21
Defendants.
22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1
Document 3044
RAMBUS INC.,
2 v.
4
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
6 7
10
Case No. C 05-02298 RMW
Defendants.
8 9
Page 2 of 16
Plaintiff,
3
5
Filed 01/09/2009
Case No. C 06-00244 RMW RAMBUS INC., Plaintiff, v.
11 12 13
MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Defendants.
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1 2 3
Document 3044
Filed 01/09/2009
Page 3 of 16
Pretrial Statement, Section F Joint Witness List Case Nos. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW Pursuant to the Court’s Standing Order Re: Pretrial Preparation, the Manufacturers
4
submit this list of “joint” witnesses.
Joint witnesses are witnesses that more than one
5
Manufacturer expect to call live, or may call live to testify in their case in chief during the
6
January 2009 Patent Trial in the above captioned cases. This list does not include (1) rebuttal
7
witnesses, (2) witnesses to be called during any trial on willfulness, or (3) witnesses that may be
8
called only by playing or reading prior sworn testimony. The following witness list was drafted
9
based on the Manufacturers’ current expectations, and the Manufacturers reserve the right to call
10
or not to call any of these witnesses based on Rambus’s witness list, time allocations, resolution
11
of pretrial motions, or other change of circumstance. The Manufacturers expressly reserve the
12
right to play testimony from any listed witness that is unavailable pursuant to Federal Rule of
13
Civil Procedure 32(a)(4). The Manufacturers also reserve the right to use prior testimony in
14
addition to or as an alternative to live testimony, including any Rambus admissions, consistent
15
with Federal Rule of Civil Procedure 32 and any other applicable Federal Rule of Civil Procedure
16
or Federal Rule of Evidence. The Manufacturers currently expect to authenticate and/or establish
17
the admissibility of documents through live testimony of certain Rambus witnesses.
18
testimony from many of these witnesses may be avoided with appropriate stipulations from
19
Rambus regarding admissibility of documents.
Live
20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
1
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1 2 3 4 5 6 7 8 9 10 11 12 13
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Filed 01/09/2009
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Liability Trial Witnesses Intend to Call
May Call
Richard Crisp Anthony Diepenbrock Billy Garrett David Gustavson William Hoffman*1 Joseph McAlexander David Mooring John P. Moussouris Neil Steinberg Howard Sussman Geoffrey Tate Lester Vincent
Paul Anderson Andreas Bechtolsheim William Davidow Mark Johnson Joel Karp Ilan Krashinsky Joe Macri Jose Moniz Earnest Powell Allen Roberts Gilbert Russell Hans Wiggers
Intend to call to establish admissibility of documents:2 Craig Hampel Desi Rhoden Frederick Ware
May call to establish admissibility of documents: Richard Barth Bruce Dunlevie Charles Furnweger Harlan Lau Michael McGowan Kit Sang Tam David Tuckerman Steven Woo Foreign language translators
14 15 16 17
Patent Exhaustion Witnesses
18 19 20 21
Intend to Call
May Call
Graham Allan Sharon Holt Harold Hughes David Mooring Roy Weinstein3
22 23 24 25 26 27
1
Witnesses designated with a “*” will be called only if infringement is tried during the liability trial. 2
Live testimony from many of the witnesses designated for document admissibility purposes may be avoided with appropriate stipulations from Rambus regarding admissibility of documents. In the event these witnesses are called live, the Manufacturers reserve the right to elicit testimony on subject matter beyond the admissibility of exhibits. 3
28
Mr. Weinstein will be called as a witness for Micron and Hynix only.
JOINT MANUFACTURERS’ WITNESS LIST
2
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1 2 3 4 5 6 7
Document 3044
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Inequitable Conduct Witnesses Intend to Call
May Call
Paul Anderson Paul Michael Farmwald David Gustavson Mark Horowitz Joseph McAlexander Jose Moniz John P. Moussouris Neil Steinberg Lester Vincent
8 9
Live Testimony Descriptions Expert Witnesses
10 11
Graham Allan – In addition to subjects discussed during his previous testimony in
12
Rambus-related matters, Mr. Allan is expected to testify as to JEDEC history and procedures,
13
DRAM industry background, the design and operation of DRAMs, patent exhaustion, the impact
14
of patent exhaustion on alleged damages, and other matters disclosed by Mr. Allan during expert
15
discovery.
16
William Hoffman – In addition to subjects discussed during his previous testimony
17
in Rambus-related matters, Mr. Hoffman is expected to testify as to noninfringement of Rambus’s
18
patent claims by the Manufacturers’ accused products, rebuttal of Robert Murphy’s Infringement
19
Report and Supplemental Infringement Reports, and other matters disclosed by Mr. Hoffman
20
during expert discovery.
21
Joseph McAlexander – In addition to subjects discussed during his previous
22
testimony in Rambus-related matters, Mr. McAlexander is expected to testify as to the invalidity
23
of Rambus’s patent claims, prior art, the state of the art, alternatives to the accused features and
24
their relative utility, the nature of Rambus’s inventions, the materiality of prior art references that
25
were withheld from the Patent Office, and other matters disclosed by Mr. McAlexander during
26
expert discovery, in his Supplemental Expert Report, and in his Second Supplemental Expert
27
Report.
Mr. McAlexander also will rebut Mr. Murphy’s Validity Report and Supplemental
28 JOINT MANUFACTURERS’ WITNESS LIST
3
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
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1
Validity Report (to the extent Mr. Murphy is allowed to testify concerning his Supplemental
2
Validity Report).
3
Roy Weinstein – In addition to subjects discussed during his previous testimony in
4
Rambus-related matters, Mr. Weinstein is expected to testify as to patent exhaustion, the impact
5
of patent exhaustion on alleged damages, and other matters disclosed by Mr. Weinstein during
6
expert discovery.
7
Fact Witnesses
8
Paul Anderson – In addition to the subjects discussed during his previous
9
testimony in Rambus-related matters, Mr. Anderson may testify as to the prosecution of the
10
patents in suit, Rambus’s efforts to amend patents to cover JEDEC standards, prior art,
11
knowledge of prior art, and disclosure of prior art to the Patent Office.
12
Richard Barth – In addition to subjects discussed during his previous testimony in
13
Rambus-related matters, Mr. Barth may testify as to Rambus’s efforts to amend patent claims to
14
cover JEDEC standards, Rambus’s awareness of JEDEC standards, and auto precharge.
15
Andreas Bechtolsheim – In addition to subjects discussed during his previous
16
testimony in Rambus-related matters, Mr. Bechtolsheim may testify as to the value of Rambus’s
17
technology and whether Rambus’s technology was considered revolutionary.
18
Richard Crisp – In addition to subjects discussed during his previous testimony in
19
Rambus-related matters, Mr. Crisp is expected to testify as to invalidity issues, Rambus’s
20
amendment of its patent claims, Rambus’s continuation and divisional practice, Rambus’s
21
knowledge of JEDEC standardization, Rambus’s original patent application, and Rambus’s
22
efforts to secure claims that cover industry standards.
23
John Danforth – In addition to subjects discussed during his previous testimony in
24
Rambus-related matters, Mr. Danforth is expected to testify as to Rambus’s business, Rambus’s
25
licensing practices and agreements and Rambus’s license negotiations, the determination of
26
royalty rates, the fees and royalties Rambus has received under its license agreements, and the
27
DRAM industry.
28 JOINT MANUFACTURERS’ WITNESS LIST
4
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
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1
William Davidow – In addition to subjects discussed during his previous
2
testimony in Rambus-related matters, Mr. Davidow may testify as to the founding of Rambus,
3
Rambus’s business plan, Rambus’s licensing practices and agreements, and Rambus’s license
4
negotiations.
5
Anthony Diepenbrock – In addition to subjects discussed during his previous
6
testimony in Rambus-related matters, Mr. Diepenbrock is expected to testify as to Rambus’s
7
patent prosecution, Rambus’s original patent application, efforts to amend patent claims to cover
8
JEDEC standards, prior art, knowledge of prior art, and disclosure of prior art to the Patent
9
Office.
10
Bruce Dunlevie – In addition to subjects discussed during his previous testimony
11
in Rambus-related matters, Mr. Dunlevie may testify as to the founding of Rambus, Rambus’s
12
business plan, Rambus’s licensing practices and agreements, and Rambus’s license negotiations.
13
Paul Michael Farmwald – In addition to subjects discussed during his previous
14
testimony in Rambus-related matters, Mr. Farmwald is expected to testify as to his assignment
15
obligation to MIPS, his work at Faster Than Light (“FTL”), MIPS, and the University of Illinois,
16
the R6000 and related projects at MIPS, including their confidentiality, Rambus’s founding,
17
Rambus’s general business background, Rambus’s business plans, Rambus’s alleged inventions
18
and technology, what he regarded as Rambus’s inventions, drafting and filing of the original
19
patent application, Rambus’s strategy of filing patents to cover industry standards, dissemination
20
of information regarding Rambus’s technology, RDRAM licenses, the performance of RDRAM,
21
secondary considerations of obviousness, prior art, including SCI, knowledge of prior art, and
22
disclosure of prior art to the Patent Office.
23
Charles Furnweger – In addition to subjects discussed during his previous
24
testimony in Rambus-related matters, Mr. Fernweger may testify as to certain NEC documents
25
and documents found in possession of NEC and/or Elpida, NEC’s participation at JEDEC, and
26
NEC’s reports from JEDEC.
27 28 JOINT MANUFACTURERS’ WITNESS LIST
5
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1
Billy Garrett – In addition to subjects discussed during his previous testimony in
2
Rambus-related matters, Mr. Garrett is expected to testify as to Rambus’s knowledge of JEDEC
3
standardization and reports of JEDEC meetings that he attended on behalf of Rambus.
4
David Gustavson – In addition to subjects discussed during his previous testimony
5
in Rambus-related matters, Mr. Gustavson is expected to testify as to prior art, including SCI
6
prior art, SCI standardization, SCI publications and papers, distribution of SCI publications and
7
papers, SCI meetings, and SCI mailing lists.
8
Craig Hampel – In addition to subjects discussed during his previous testimony in
9
Rambus-related matters, Mr. Hampel is expected to testify as to Rambus’s efforts to cover the
10
JEDEC specification.
11
Sharon Holt – In addition to subjects discussed during her previous testimony in
12
Rambus-related matters, Mrs. Holt is expected to testify as to Rambus’s licenses and licensing
13
practices, the DRAM market and industry, secondary indicia of obviousness in rebuttal, and the
14
value of Rambus’s alleged inventions.
15
Mark Horowitz – In addition to subjects discussed during his previous testimony
16
in Rambus-related matters, Mr. Horowitz is expected to testify as to MIPS and his consulting for
17
MIPS, Rambus’s founding, Rambus’s general business background, Rambus’s business plans,
18
Rambus’s alleged inventions and technology, what he regarded as Rambus’s inventions, drafting
19
and filing of the original patent application, Rambus’s strategy of filing patents to cover industry
20
standards, dissemination of information regarding Rambus’s technology, RDRAM licenses,
21
Rambus’s licensing practices, the determination of royalty rates, the fees and royalties Rambus
22
has received under its license agreements, the performance of RDRAM, secondary considerations
23
of obviousness, prior art, including SCI, knowledge of prior art, and disclosure of prior art to the
24
Patent Office.
25
Harold Hughes – In addition to subjects discussed during his previous testimony in
26
Rambus-related matters, Mr. Hughes is expected to testify as to Rambus’s business, Rambus’s
27
licensing, licensing practices and negotiations, the determination of royalty rates, the fees and
28
royalties Rambus has received under its license agreements, and the DRAM industry. JOINT MANUFACTURERS’ WITNESS LIST
6
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
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1
Mark Johnson – In addition to subjects discussed during his previous testimony in
2
Rambus-related matters, Mr. Johnson may testify as to Rambus’s business, Rambus’s founding,
3
MIPS, and prior art.
4
Joel Karp – In addition to subjects discussed during his previous testimony in
5
Rambus-related matters, Mr. Karp may testify as to Rambus’s business, Rambus’s licensing
6
practices and agreements, Rambus’s license negotiations, Rambus’s efforts to amend claims to
7
cover JEDEC standards, the determination of royalty rates, Mr. Karp’s relationship with
8
Samsung, Samsung’s JEDEC activities in the mid-90’s, the Samsung-TI litigation, prior art,
9
knowledge of prior art, and disclosure of prior art to the Patent Office.
10
Ilan Krashinsky – In addition to subjects discussed during his previous testimony
11
in Rambus-related matters, Mr. Krashinksy may testify as to JEDEC, Hewlett-Packard’s
12
attendance at JEDEC, and JEDEC approaches to changes in technology.
13
Harlan Lau – In addition to subjects discussed during his previous testimony in
14
Rambus-related matters, Mr. Lau may testify as to Rambus technology and Rambus’s documents
15
regarding Rambus technology.
16
Joe Macri – In addition to subjects discussed during his previous testimony in
17
Rambus-related matters, Mr. Macri may testify as to JEDEC standards and the standardization
18
process, prior art from JEDEC meetings, and secondary indicia of obviousness, including whether
19
JEDEC copied Rambus’s inventions.
20
Michael McGowan – In addition to subjects discussed during his previous
21
testimony in Rambus-related matters, Mr. McGowan may testify as to prior art, including the
22
Intel iAPX prior art references, the iAPX prior art product, and sales and marketing of the iAPX
23
prior art product.
24
David Mooring – In addition to subjects discussed during his previous testimony
25
in Rambus-related matters, Mr. Mooring is expected to testify as to Rambus’s business, Rambus’s
26
licensing practices, licenses, and agreements, Rambus’s licensing negotiations, the determination
27
of royalty rates, dissemination of information regarding Rambus’s technology, the alleged value
28 JOINT MANUFACTURERS’ WITNESS LIST
7
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
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1
of Rambus’s inventions, the fees and royalties Rambus has received under its license agreements,
2
and the DRAM industry and economic conditions.
3
Jose Moniz – In addition to subjects discussed during his previous testimony in
4
Rambus-related matters, Mr. Moniz may testify as to the prosecution of the patents in suit,
5
Rambus’s efforts to amend patents to cover JEDEC standards, prior art, knowledge of prior art,
6
and disclosure of prior art to the Patent Office.
7
John P. Moussouris – In addition to subjects discussed during his previous
8
testimony in Rambus-related matters, Dr. Moussouris is expected to testify as to prior art,
9
including SCI prior art, publications, and presentations, his work and publications related to
10
memory interfaces on DRAMs, his work and that of others at MIPS and MicroUnity, MIPS’s and
11
MicroUnity’s business, technology, products, and development projects, the R6000 and related
12
projects, the confidentiality of the R6000 and related projects, and employee obligations to assign
13
ideas and inventions to MIPS.
14
Earnest Powell – In addition to subjects discussed during his previous testimony
15
in Rambus-related matters, Mr. Powell may testify as to memory system bandwidth, solutions to
16
memory system bandwidth problems, and his publications regarding memory system bandwidth.
17
Desi Rhoden – In addition to subjects discussed during his previous testimony in
18
Rambus-related matters, Mr. Rhoden is expected to testify as to JEDEC standards, the JEDEC
19
standardization process, the evolutionary nature of technology development at JEDEC, prior art
20
from JEDEC meetings (including Unisys presentations on C-DRAM), and secondary indicia of
21
obviousness.
22
Allen Roberts – In addition to subjects discussed during his previous testimony in
23
Rambus-related matters, Mr. Roberts may testify as to MIPS, the R6000 and related projects, the
24
work of Drs. Farmwald and Horowitz at MIPS, and prior art.
25
Gilbert Russell – In addition to subjects discussed during any previous testimony
26
in Rambus-related matters, Mr. Russell may testify as to prior art, including the SCI prior art
27
reference, dissemination of information regarding Rambus technology to DRAM industry
28
participants and industry reaction thereto, alleged knowledge of Rambus’s intellectual property JOINT MANUFACTURERS’ WITNESS LIST
8
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
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1
within the industry, existence or nonexistence of economically viable non-infringing alternatives,
2
potential scope of patent coverage of Rambus’s inventions, Rambus’s patents and technology,
3
and the DRAM industry.
4
Neil Steinberg – In addition to subjects discussed during his previous testimony in
5
Rambus-related matters, Mr. Steinberg is expected to testify as to Rambus’s business, Rambus’s
6
licensing practices and agreements, Rambus’s licensing negotiations, the determination of royalty
7
rates, the fees and royalties Rambus has received under its license agreements, prosecution of
8
Rambus’s patents, efforts to amend Rambus’s patents to cover JEDEC standards, prior art,
9
knowledge of prior art, disclosure of prior art to the Patent Office, and Mr. Steinberg’s
10
relationship with Samsung.
11
Howard Sussman – In addition to subjects discussed during his previous testimony
12
in Rambus-related matters, Mr. Sussman is expected to testify as to JEDEC standards, prior art
13
from JEDEC meetings (including Unisys presentations on C-DRAM), his work on SDRAM, and
14
secondary considerations of obviousness.
15
Kit Sang Tam – In addition to subjects discussed during his previous testimony in
16
Rambus-related matters, Mr. Tam may testify as to MoSys documents and DRAM technology,
17
including the MoSys Technology White Papers.
18
Geoffrey Tate – In addition to subjects discussed during his previous testimony in
19
Rambus-related matters, Mr. Tate is expected to testify as to Rambus’s understanding of its
20
inventions, Rambus’s strategy and efforts to obtain patents on industry standards, Rambus’s
21
business plans, Rambus’s business, Rambus’s licensing practices, licenses and agreements,
22
license negotiations, the determination of royalty rates, the fees and royalties Rambus has
23
received under its license agreements, the DRAM market and industry, auto precharge, the value
24
of Rambus’s alleged inventions prior art, knowledge of prior art, and disclosure of prior art to the
25
Patent Office.
26
David Tuckerman – In addition to subjects discussed during any previous
27
testimony in Rambus-related matters, Mr. Tuckerman may testify as to prior art, including the
28
SCI prior art references. JOINT MANUFACTURERS’ WITNESS LIST
9
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
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1
Lester Vincent – In addition to subjects discussed during his previous testimony in
2
Rambus-related matters, Mr. Vincent is expected to testify as to the prosecution of Rambus’s
3
patent claims and Rambus’s efforts to amend its patents to cover JEDEC standards.
4
Frederick Ware – In addition to subjects discussed during his previous testimony
5
in Rambus-related matters, Mr. Ware is expected to testify as to Rambus’s awareness of JEDEC
6
standards, Rambus’s efforts to amend its patents to cover JEDEC standards, auto precharge, and
7
Rambus’s alleged inventions and technology.
8
Hans Wiggers – In addition to subjects discussed during his previous testimony in
9
Rambus-related matters, Mr. Wiggers may testify as to prior art, including the SCI prior art, SCI
10
standardization, SCI publications and papers, distribution of SCI publications and papers, SCI
11
meetings, and SCI mailing lists.
12
Steven Woo – In addition to subjects discussed during his previous testimony in
13
Rambus-related matters, Mr. Woo may testify as to processor-memory performance and
14
Rambus’s presentations regarding Rambus technology and processor-memory performance.
15
To the extent Rambus does not stipulate to the authenticity of the following
16
translated documents, and the Court deems necessary, the Manufacturers may call witnesses to
17
verify the translations of the following foreign-language documents into English:
18
•
19
•
20
•
21
•
22
•
23 24
•
Japanese Patent No. S56-047996, issued to Yoshida, on April 30, 1981 exh. 16517; Japanese Patent No. 57-210495, issued to Inagaki, on December 24, 1982 15547; Japanese Patent No. 63-239676, issued to Yamaguchi, on October 5, 1988 108; JP Laid Open Patent Publication No. Sho 64/1989-29951 (Kumagai) [Appl. No. Sho 62/1987-185253, July 24, 1987] - 146; Translation of the March 31, 2003 minutes of a hearing held on March 27, 2003 before the GPTO in the proceedings relating to German Utility Model Gbm 91 17 296 - 16545; and Translation of the Decision of the GPTO dated May 28, 2003 in the proceedings relating to German Utility Model Gbm 91 17 296 - 15502.
25 26 27
Dated: January 9, 2009 WEIL, GOTSHAL & MANGES, LLP
28
By: JOINT MANUFACTURERS’ WITNESS LIST
10
/s/ CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
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John D. Beynon (Bar No. 233581) Email: [email protected]
1 2
JARED BOBROW (Bar No. 133712) Email: [email protected] SVEN RAZ (Bar No. 222262) Email: [email protected] JOHN D. BEYNON (Bar No. 233581) Email: [email protected] WEIL GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3034 Facsimile: (650) 802-3100
3 4 5 6 7 8
ELIZABETH STOTLAND WEISWASSER Email: [email protected] DAVID LENDER Email: [email protected] WEIL, GOTSHAL & MANGES LLP New York Office 767 Fifth Avenue New York, NY 10153 Telephone: (212) 310-8000
9 10 11 12 13
WILLIAM C. PRICE (Bar No. 108542) Email: [email protected] HAROLD A. BARZA (Bar No. 80888) Email: [email protected] JON R. STEIGER (Bar No. 229814) Email: [email protected] ROBERT J. BECHER (Bar No. 193431) Email: [email protected]
14 15 16 17 18
By: /s/ DANIEL J. FURNISS (Bar No. 73531) Email: [email protected] THEODORE G. BROWN, III (Bar No. 114672) Email: [email protected] JULIE H. HAN (Bar No. 215279) Email: [email protected] TOWNSEND and TOWNSEND and CREW LLP 379 Lytton Avenue Palo Alto, CA 94301 Telephone: (650) 326-2400 Facsimile: (650) 326-2422
19 20 21 22 23 24 25
KENNETH L NISSLY (Bar No. 77589) Email: [email protected] SUSAN van KEULEN (Bar No. 136060) Email: [email protected] SUSAN D. ROEDER (Bar No. 160897)
26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
11
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
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Email: [email protected] O’MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, CA 94025 Telephone: (650) 473-2600 Facsimile: (650) 473-2601
1 2 3 4
KENNETH R. O’ROURKE (Bar No. 120144) Email: [email protected] WALLACE A. ALLAN (Bar No. 102054) Email: [email protected] O’MELVENY & MYERS LLP 400 South Hope Street, Suite 1060 Los Angeles, CA 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407
5 6 7 8 9 10
14
Attorneys for HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC., HYNIX SEMICONDUCTOR U.K. LTD., and HYNIX SEMICONDUCTOR DEUTSCHLAND GmbH
15
By:
11 12 13
16
/s/ Vickie L. Feeman
ROBERT E. FREITAS (Bar No. 80948) Email: [email protected] CRAIG R. KAUFMAN (Bar No. 159458) Email: [email protected] VICKIE L. FEEMAN (Bar No. 177487) Email: [email protected] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: (650) 614-7400 Facsimile: (650) 614-7401 Attorneys for Defendants NANYA TECHNOLOGY CORPORATION, and NANYA TECHNOLOGY CORPORATION U.S.A.
17 18 19 20 21 22 23 24 25
By:
26
/s/ Anne Cappella
27 28 JOINT MANUFACTURERS’ WITNESS LIST
12
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Case 5:05-cv-00334-RMW
Document 3044
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MATTHEW D. POWERS Email: matthew.powers @weil.com STEVEN S. CHERENSKY Email: steven.cherensky @weil.com WEIL GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3034 Facsimile: (650) 802-3100
1 2 3 4 5
ROBERT S. BEREZIN Email: [email protected] WEIL, GOTSHAL & MANGES LLP New York Office 767 Fifth Avenue New York, NY 10153 Telephone: (212) 310-8000
6 7 8 9
Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR, L.P.
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
13
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 16 of 16
1 2 3 4
ATTESTATION CLAUSE REGARDING SIGNATURES I hereby attest that I have on file permission to sign for co-counsel indicated by a
5 6
“conformed” signature (/S/) within this efiled document.
7
/s/ John Beynon John Beynon (Bar No. 233581) Email: [email protected]
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
14
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
1
Document 3044
Filed 01/09/2009
Page 1 of 16
Attorneys Listed On Signature Page
2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
9 10
RAMBUS INC.,
11
Plaintiff, v.
12 13 14 15 16 17 18 19
HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC.,
Case No. C 05-00334 RMW JOINT MANUFACTURERS’ REVISED WITNESS LIST FOR JANUARY 19, 2009 TRIAL Date: January 19, 2009 Courtroom: 6 Judge: Hon. Ronald M. Whyte
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P., NANYA TECHNOLOGY CORPORATION, NANYA TECHNOLOGY CORPORATION U.S.A.,
20 21
Defendants.
22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1
Document 3044
RAMBUS INC.,
2 v.
4
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., SAMSUNG AUSTIN SEMICONDUCTOR, L.P.,
6 7
10
Case No. C 05-02298 RMW
Defendants.
8 9
Page 2 of 16
Plaintiff,
3
5
Filed 01/09/2009
Case No. C 06-00244 RMW RAMBUS INC., Plaintiff, v.
11 12 13
MICRON TECHNOLOGY, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Defendants.
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1 2 3
Document 3044
Filed 01/09/2009
Page 3 of 16
Pretrial Statement, Section F Joint Witness List Case Nos. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW Pursuant to the Court’s Standing Order Re: Pretrial Preparation, the Manufacturers
4
submit this list of “joint” witnesses.
Joint witnesses are witnesses that more than one
5
Manufacturer expect to call live, or may call live to testify in their case in chief during the
6
January 2009 Patent Trial in the above captioned cases. This list does not include (1) rebuttal
7
witnesses, (2) witnesses to be called during any trial on willfulness, or (3) witnesses that may be
8
called only by playing or reading prior sworn testimony. The following witness list was drafted
9
based on the Manufacturers’ current expectations, and the Manufacturers reserve the right to call
10
or not to call any of these witnesses based on Rambus’s witness list, time allocations, resolution
11
of pretrial motions, or other change of circumstance. The Manufacturers expressly reserve the
12
right to play testimony from any listed witness that is unavailable pursuant to Federal Rule of
13
Civil Procedure 32(a)(4). The Manufacturers also reserve the right to use prior testimony in
14
addition to or as an alternative to live testimony, including any Rambus admissions, consistent
15
with Federal Rule of Civil Procedure 32 and any other applicable Federal Rule of Civil Procedure
16
or Federal Rule of Evidence. The Manufacturers currently expect to authenticate and/or establish
17
the admissibility of documents through live testimony of certain Rambus witnesses.
18
testimony from many of these witnesses may be avoided with appropriate stipulations from
19
Rambus regarding admissibility of documents.
Live
20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
1
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1 2 3 4 5 6 7 8 9 10 11 12 13
Document 3044
Filed 01/09/2009
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Liability Trial Witnesses Intend to Call
May Call
Richard Crisp Anthony Diepenbrock Billy Garrett David Gustavson William Hoffman*1 Joseph McAlexander David Mooring John P. Moussouris Neil Steinberg Howard Sussman Geoffrey Tate Lester Vincent
Paul Anderson Andreas Bechtolsheim William Davidow Mark Johnson Joel Karp Ilan Krashinsky Joe Macri Jose Moniz Earnest Powell Allen Roberts Gilbert Russell Hans Wiggers
Intend to call to establish admissibility of documents:2 Craig Hampel Desi Rhoden Frederick Ware
May call to establish admissibility of documents: Richard Barth Bruce Dunlevie Charles Furnweger Harlan Lau Michael McGowan Kit Sang Tam David Tuckerman Steven Woo Foreign language translators
14 15 16 17
Patent Exhaustion Witnesses
18 19 20 21
Intend to Call
May Call
Graham Allan Sharon Holt Harold Hughes David Mooring Roy Weinstein3
22 23 24 25 26 27
1
Witnesses designated with a “*” will be called only if infringement is tried during the liability trial. 2
Live testimony from many of the witnesses designated for document admissibility purposes may be avoided with appropriate stipulations from Rambus regarding admissibility of documents. In the event these witnesses are called live, the Manufacturers reserve the right to elicit testimony on subject matter beyond the admissibility of exhibits. 3
28
Mr. Weinstein will be called as a witness for Micron and Hynix only.
JOINT MANUFACTURERS’ WITNESS LIST
2
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
1 2 3 4 5 6 7
Document 3044
Filed 01/09/2009
Page 5 of 16
Inequitable Conduct Witnesses Intend to Call
May Call
Paul Anderson Paul Michael Farmwald David Gustavson Mark Horowitz Joseph McAlexander Jose Moniz John P. Moussouris Neil Steinberg Lester Vincent
8 9
Live Testimony Descriptions Expert Witnesses
10 11
Graham Allan – In addition to subjects discussed during his previous testimony in
12
Rambus-related matters, Mr. Allan is expected to testify as to JEDEC history and procedures,
13
DRAM industry background, the design and operation of DRAMs, patent exhaustion, the impact
14
of patent exhaustion on alleged damages, and other matters disclosed by Mr. Allan during expert
15
discovery.
16
William Hoffman – In addition to subjects discussed during his previous testimony
17
in Rambus-related matters, Mr. Hoffman is expected to testify as to noninfringement of Rambus’s
18
patent claims by the Manufacturers’ accused products, rebuttal of Robert Murphy’s Infringement
19
Report and Supplemental Infringement Reports, and other matters disclosed by Mr. Hoffman
20
during expert discovery.
21
Joseph McAlexander – In addition to subjects discussed during his previous
22
testimony in Rambus-related matters, Mr. McAlexander is expected to testify as to the invalidity
23
of Rambus’s patent claims, prior art, the state of the art, alternatives to the accused features and
24
their relative utility, the nature of Rambus’s inventions, the materiality of prior art references that
25
were withheld from the Patent Office, and other matters disclosed by Mr. McAlexander during
26
expert discovery, in his Supplemental Expert Report, and in his Second Supplemental Expert
27
Report.
Mr. McAlexander also will rebut Mr. Murphy’s Validity Report and Supplemental
28 JOINT MANUFACTURERS’ WITNESS LIST
3
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 6 of 16
1
Validity Report (to the extent Mr. Murphy is allowed to testify concerning his Supplemental
2
Validity Report).
3
Roy Weinstein – In addition to subjects discussed during his previous testimony in
4
Rambus-related matters, Mr. Weinstein is expected to testify as to patent exhaustion, the impact
5
of patent exhaustion on alleged damages, and other matters disclosed by Mr. Weinstein during
6
expert discovery.
7
Fact Witnesses
8
Paul Anderson – In addition to the subjects discussed during his previous
9
testimony in Rambus-related matters, Mr. Anderson may testify as to the prosecution of the
10
patents in suit, Rambus’s efforts to amend patents to cover JEDEC standards, prior art,
11
knowledge of prior art, and disclosure of prior art to the Patent Office.
12
Richard Barth – In addition to subjects discussed during his previous testimony in
13
Rambus-related matters, Mr. Barth may testify as to Rambus’s efforts to amend patent claims to
14
cover JEDEC standards, Rambus’s awareness of JEDEC standards, and auto precharge.
15
Andreas Bechtolsheim – In addition to subjects discussed during his previous
16
testimony in Rambus-related matters, Mr. Bechtolsheim may testify as to the value of Rambus’s
17
technology and whether Rambus’s technology was considered revolutionary.
18
Richard Crisp – In addition to subjects discussed during his previous testimony in
19
Rambus-related matters, Mr. Crisp is expected to testify as to invalidity issues, Rambus’s
20
amendment of its patent claims, Rambus’s continuation and divisional practice, Rambus’s
21
knowledge of JEDEC standardization, Rambus’s original patent application, and Rambus’s
22
efforts to secure claims that cover industry standards.
23
John Danforth – In addition to subjects discussed during his previous testimony in
24
Rambus-related matters, Mr. Danforth is expected to testify as to Rambus’s business, Rambus’s
25
licensing practices and agreements and Rambus’s license negotiations, the determination of
26
royalty rates, the fees and royalties Rambus has received under its license agreements, and the
27
DRAM industry.
28 JOINT MANUFACTURERS’ WITNESS LIST
4
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 7 of 16
1
William Davidow – In addition to subjects discussed during his previous
2
testimony in Rambus-related matters, Mr. Davidow may testify as to the founding of Rambus,
3
Rambus’s business plan, Rambus’s licensing practices and agreements, and Rambus’s license
4
negotiations.
5
Anthony Diepenbrock – In addition to subjects discussed during his previous
6
testimony in Rambus-related matters, Mr. Diepenbrock is expected to testify as to Rambus’s
7
patent prosecution, Rambus’s original patent application, efforts to amend patent claims to cover
8
JEDEC standards, prior art, knowledge of prior art, and disclosure of prior art to the Patent
9
Office.
10
Bruce Dunlevie – In addition to subjects discussed during his previous testimony
11
in Rambus-related matters, Mr. Dunlevie may testify as to the founding of Rambus, Rambus’s
12
business plan, Rambus’s licensing practices and agreements, and Rambus’s license negotiations.
13
Paul Michael Farmwald – In addition to subjects discussed during his previous
14
testimony in Rambus-related matters, Mr. Farmwald is expected to testify as to his assignment
15
obligation to MIPS, his work at Faster Than Light (“FTL”), MIPS, and the University of Illinois,
16
the R6000 and related projects at MIPS, including their confidentiality, Rambus’s founding,
17
Rambus’s general business background, Rambus’s business plans, Rambus’s alleged inventions
18
and technology, what he regarded as Rambus’s inventions, drafting and filing of the original
19
patent application, Rambus’s strategy of filing patents to cover industry standards, dissemination
20
of information regarding Rambus’s technology, RDRAM licenses, the performance of RDRAM,
21
secondary considerations of obviousness, prior art, including SCI, knowledge of prior art, and
22
disclosure of prior art to the Patent Office.
23
Charles Furnweger – In addition to subjects discussed during his previous
24
testimony in Rambus-related matters, Mr. Fernweger may testify as to certain NEC documents
25
and documents found in possession of NEC and/or Elpida, NEC’s participation at JEDEC, and
26
NEC’s reports from JEDEC.
27 28 JOINT MANUFACTURERS’ WITNESS LIST
5
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 8 of 16
1
Billy Garrett – In addition to subjects discussed during his previous testimony in
2
Rambus-related matters, Mr. Garrett is expected to testify as to Rambus’s knowledge of JEDEC
3
standardization and reports of JEDEC meetings that he attended on behalf of Rambus.
4
David Gustavson – In addition to subjects discussed during his previous testimony
5
in Rambus-related matters, Mr. Gustavson is expected to testify as to prior art, including SCI
6
prior art, SCI standardization, SCI publications and papers, distribution of SCI publications and
7
papers, SCI meetings, and SCI mailing lists.
8
Craig Hampel – In addition to subjects discussed during his previous testimony in
9
Rambus-related matters, Mr. Hampel is expected to testify as to Rambus’s efforts to cover the
10
JEDEC specification.
11
Sharon Holt – In addition to subjects discussed during her previous testimony in
12
Rambus-related matters, Mrs. Holt is expected to testify as to Rambus’s licenses and licensing
13
practices, the DRAM market and industry, secondary indicia of obviousness in rebuttal, and the
14
value of Rambus’s alleged inventions.
15
Mark Horowitz – In addition to subjects discussed during his previous testimony
16
in Rambus-related matters, Mr. Horowitz is expected to testify as to MIPS and his consulting for
17
MIPS, Rambus’s founding, Rambus’s general business background, Rambus’s business plans,
18
Rambus’s alleged inventions and technology, what he regarded as Rambus’s inventions, drafting
19
and filing of the original patent application, Rambus’s strategy of filing patents to cover industry
20
standards, dissemination of information regarding Rambus’s technology, RDRAM licenses,
21
Rambus’s licensing practices, the determination of royalty rates, the fees and royalties Rambus
22
has received under its license agreements, the performance of RDRAM, secondary considerations
23
of obviousness, prior art, including SCI, knowledge of prior art, and disclosure of prior art to the
24
Patent Office.
25
Harold Hughes – In addition to subjects discussed during his previous testimony in
26
Rambus-related matters, Mr. Hughes is expected to testify as to Rambus’s business, Rambus’s
27
licensing, licensing practices and negotiations, the determination of royalty rates, the fees and
28
royalties Rambus has received under its license agreements, and the DRAM industry. JOINT MANUFACTURERS’ WITNESS LIST
6
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 9 of 16
1
Mark Johnson – In addition to subjects discussed during his previous testimony in
2
Rambus-related matters, Mr. Johnson may testify as to Rambus’s business, Rambus’s founding,
3
MIPS, and prior art.
4
Joel Karp – In addition to subjects discussed during his previous testimony in
5
Rambus-related matters, Mr. Karp may testify as to Rambus’s business, Rambus’s licensing
6
practices and agreements, Rambus’s license negotiations, Rambus’s efforts to amend claims to
7
cover JEDEC standards, the determination of royalty rates, Mr. Karp’s relationship with
8
Samsung, Samsung’s JEDEC activities in the mid-90’s, the Samsung-TI litigation, prior art,
9
knowledge of prior art, and disclosure of prior art to the Patent Office.
10
Ilan Krashinsky – In addition to subjects discussed during his previous testimony
11
in Rambus-related matters, Mr. Krashinksy may testify as to JEDEC, Hewlett-Packard’s
12
attendance at JEDEC, and JEDEC approaches to changes in technology.
13
Harlan Lau – In addition to subjects discussed during his previous testimony in
14
Rambus-related matters, Mr. Lau may testify as to Rambus technology and Rambus’s documents
15
regarding Rambus technology.
16
Joe Macri – In addition to subjects discussed during his previous testimony in
17
Rambus-related matters, Mr. Macri may testify as to JEDEC standards and the standardization
18
process, prior art from JEDEC meetings, and secondary indicia of obviousness, including whether
19
JEDEC copied Rambus’s inventions.
20
Michael McGowan – In addition to subjects discussed during his previous
21
testimony in Rambus-related matters, Mr. McGowan may testify as to prior art, including the
22
Intel iAPX prior art references, the iAPX prior art product, and sales and marketing of the iAPX
23
prior art product.
24
David Mooring – In addition to subjects discussed during his previous testimony
25
in Rambus-related matters, Mr. Mooring is expected to testify as to Rambus’s business, Rambus’s
26
licensing practices, licenses, and agreements, Rambus’s licensing negotiations, the determination
27
of royalty rates, dissemination of information regarding Rambus’s technology, the alleged value
28 JOINT MANUFACTURERS’ WITNESS LIST
7
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 10 of 16
1
of Rambus’s inventions, the fees and royalties Rambus has received under its license agreements,
2
and the DRAM industry and economic conditions.
3
Jose Moniz – In addition to subjects discussed during his previous testimony in
4
Rambus-related matters, Mr. Moniz may testify as to the prosecution of the patents in suit,
5
Rambus’s efforts to amend patents to cover JEDEC standards, prior art, knowledge of prior art,
6
and disclosure of prior art to the Patent Office.
7
John P. Moussouris – In addition to subjects discussed during his previous
8
testimony in Rambus-related matters, Dr. Moussouris is expected to testify as to prior art,
9
including SCI prior art, publications, and presentations, his work and publications related to
10
memory interfaces on DRAMs, his work and that of others at MIPS and MicroUnity, MIPS’s and
11
MicroUnity’s business, technology, products, and development projects, the R6000 and related
12
projects, the confidentiality of the R6000 and related projects, and employee obligations to assign
13
ideas and inventions to MIPS.
14
Earnest Powell – In addition to subjects discussed during his previous testimony
15
in Rambus-related matters, Mr. Powell may testify as to memory system bandwidth, solutions to
16
memory system bandwidth problems, and his publications regarding memory system bandwidth.
17
Desi Rhoden – In addition to subjects discussed during his previous testimony in
18
Rambus-related matters, Mr. Rhoden is expected to testify as to JEDEC standards, the JEDEC
19
standardization process, the evolutionary nature of technology development at JEDEC, prior art
20
from JEDEC meetings (including Unisys presentations on C-DRAM), and secondary indicia of
21
obviousness.
22
Allen Roberts – In addition to subjects discussed during his previous testimony in
23
Rambus-related matters, Mr. Roberts may testify as to MIPS, the R6000 and related projects, the
24
work of Drs. Farmwald and Horowitz at MIPS, and prior art.
25
Gilbert Russell – In addition to subjects discussed during any previous testimony
26
in Rambus-related matters, Mr. Russell may testify as to prior art, including the SCI prior art
27
reference, dissemination of information regarding Rambus technology to DRAM industry
28
participants and industry reaction thereto, alleged knowledge of Rambus’s intellectual property JOINT MANUFACTURERS’ WITNESS LIST
8
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 11 of 16
1
within the industry, existence or nonexistence of economically viable non-infringing alternatives,
2
potential scope of patent coverage of Rambus’s inventions, Rambus’s patents and technology,
3
and the DRAM industry.
4
Neil Steinberg – In addition to subjects discussed during his previous testimony in
5
Rambus-related matters, Mr. Steinberg is expected to testify as to Rambus’s business, Rambus’s
6
licensing practices and agreements, Rambus’s licensing negotiations, the determination of royalty
7
rates, the fees and royalties Rambus has received under its license agreements, prosecution of
8
Rambus’s patents, efforts to amend Rambus’s patents to cover JEDEC standards, prior art,
9
knowledge of prior art, disclosure of prior art to the Patent Office, and Mr. Steinberg’s
10
relationship with Samsung.
11
Howard Sussman – In addition to subjects discussed during his previous testimony
12
in Rambus-related matters, Mr. Sussman is expected to testify as to JEDEC standards, prior art
13
from JEDEC meetings (including Unisys presentations on C-DRAM), his work on SDRAM, and
14
secondary considerations of obviousness.
15
Kit Sang Tam – In addition to subjects discussed during his previous testimony in
16
Rambus-related matters, Mr. Tam may testify as to MoSys documents and DRAM technology,
17
including the MoSys Technology White Papers.
18
Geoffrey Tate – In addition to subjects discussed during his previous testimony in
19
Rambus-related matters, Mr. Tate is expected to testify as to Rambus’s understanding of its
20
inventions, Rambus’s strategy and efforts to obtain patents on industry standards, Rambus’s
21
business plans, Rambus’s business, Rambus’s licensing practices, licenses and agreements,
22
license negotiations, the determination of royalty rates, the fees and royalties Rambus has
23
received under its license agreements, the DRAM market and industry, auto precharge, the value
24
of Rambus’s alleged inventions prior art, knowledge of prior art, and disclosure of prior art to the
25
Patent Office.
26
David Tuckerman – In addition to subjects discussed during any previous
27
testimony in Rambus-related matters, Mr. Tuckerman may testify as to prior art, including the
28
SCI prior art references. JOINT MANUFACTURERS’ WITNESS LIST
9
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 12 of 16
1
Lester Vincent – In addition to subjects discussed during his previous testimony in
2
Rambus-related matters, Mr. Vincent is expected to testify as to the prosecution of Rambus’s
3
patent claims and Rambus’s efforts to amend its patents to cover JEDEC standards.
4
Frederick Ware – In addition to subjects discussed during his previous testimony
5
in Rambus-related matters, Mr. Ware is expected to testify as to Rambus’s awareness of JEDEC
6
standards, Rambus’s efforts to amend its patents to cover JEDEC standards, auto precharge, and
7
Rambus’s alleged inventions and technology.
8
Hans Wiggers – In addition to subjects discussed during his previous testimony in
9
Rambus-related matters, Mr. Wiggers may testify as to prior art, including the SCI prior art, SCI
10
standardization, SCI publications and papers, distribution of SCI publications and papers, SCI
11
meetings, and SCI mailing lists.
12
Steven Woo – In addition to subjects discussed during his previous testimony in
13
Rambus-related matters, Mr. Woo may testify as to processor-memory performance and
14
Rambus’s presentations regarding Rambus technology and processor-memory performance.
15
To the extent Rambus does not stipulate to the authenticity of the following
16
translated documents, and the Court deems necessary, the Manufacturers may call witnesses to
17
verify the translations of the following foreign-language documents into English:
18
•
19
•
20
•
21
•
22
•
23 24
•
Japanese Patent No. S56-047996, issued to Yoshida, on April 30, 1981 exh. 16517; Japanese Patent No. 57-210495, issued to Inagaki, on December 24, 1982 15547; Japanese Patent No. 63-239676, issued to Yamaguchi, on October 5, 1988 108; JP Laid Open Patent Publication No. Sho 64/1989-29951 (Kumagai) [Appl. No. Sho 62/1987-185253, July 24, 1987] - 146; Translation of the March 31, 2003 minutes of a hearing held on March 27, 2003 before the GPTO in the proceedings relating to German Utility Model Gbm 91 17 296 - 16545; and Translation of the Decision of the GPTO dated May 28, 2003 in the proceedings relating to German Utility Model Gbm 91 17 296 - 15502.
25 26 27
Dated: January 9, 2009 WEIL, GOTSHAL & MANGES, LLP
28
By: JOINT MANUFACTURERS’ WITNESS LIST
10
/s/ CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 13 of 16
John D. Beynon (Bar No. 233581) Email: [email protected]
1 2
JARED BOBROW (Bar No. 133712) Email: [email protected] SVEN RAZ (Bar No. 222262) Email: [email protected] JOHN D. BEYNON (Bar No. 233581) Email: [email protected] WEIL GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3034 Facsimile: (650) 802-3100
3 4 5 6 7 8
ELIZABETH STOTLAND WEISWASSER Email: [email protected] DAVID LENDER Email: [email protected] WEIL, GOTSHAL & MANGES LLP New York Office 767 Fifth Avenue New York, NY 10153 Telephone: (212) 310-8000
9 10 11 12 13
WILLIAM C. PRICE (Bar No. 108542) Email: [email protected] HAROLD A. BARZA (Bar No. 80888) Email: [email protected] JON R. STEIGER (Bar No. 229814) Email: [email protected] ROBERT J. BECHER (Bar No. 193431) Email: [email protected]
14 15 16 17 18
By: /s/ DANIEL J. FURNISS (Bar No. 73531) Email: [email protected] THEODORE G. BROWN, III (Bar No. 114672) Email: [email protected] JULIE H. HAN (Bar No. 215279) Email: [email protected] TOWNSEND and TOWNSEND and CREW LLP 379 Lytton Avenue Palo Alto, CA 94301 Telephone: (650) 326-2400 Facsimile: (650) 326-2422
19 20 21 22 23 24 25
KENNETH L NISSLY (Bar No. 77589) Email: [email protected] SUSAN van KEULEN (Bar No. 136060) Email: [email protected] SUSAN D. ROEDER (Bar No. 160897)
26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
11
CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 14 of 16
Email: [email protected] O’MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, CA 94025 Telephone: (650) 473-2600 Facsimile: (650) 473-2601
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KENNETH R. O’ROURKE (Bar No. 120144) Email: [email protected] WALLACE A. ALLAN (Bar No. 102054) Email: [email protected] O’MELVENY & MYERS LLP 400 South Hope Street, Suite 1060 Los Angeles, CA 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407
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Attorneys for HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR MANUFACTURING AMERICA INC., HYNIX SEMICONDUCTOR U.K. LTD., and HYNIX SEMICONDUCTOR DEUTSCHLAND GmbH
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By:
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/s/ Vickie L. Feeman
ROBERT E. FREITAS (Bar No. 80948) Email: [email protected] CRAIG R. KAUFMAN (Bar No. 159458) Email: [email protected] VICKIE L. FEEMAN (Bar No. 177487) Email: [email protected] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: (650) 614-7400 Facsimile: (650) 614-7401 Attorneys for Defendants NANYA TECHNOLOGY CORPORATION, and NANYA TECHNOLOGY CORPORATION U.S.A.
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By:
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/s/ Anne Cappella
27 28 JOINT MANUFACTURERS’ WITNESS LIST
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CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
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MATTHEW D. POWERS Email: matthew.powers @weil.com STEVEN S. CHERENSKY Email: steven.cherensky @weil.com WEIL GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3034 Facsimile: (650) 802-3100
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ROBERT S. BEREZIN Email: [email protected] WEIL, GOTSHAL & MANGES LLP New York Office 767 Fifth Avenue New York, NY 10153 Telephone: (212) 310-8000
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Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR, L.P.
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT MANUFACTURERS’ WITNESS LIST
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CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
Case 5:05-cv-00334-RMW
Document 3044
Filed 01/09/2009
Page 16 of 16
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ATTESTATION CLAUSE REGARDING SIGNATURES I hereby attest that I have on file permission to sign for co-counsel indicated by a
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“conformed” signature (/S/) within this efiled document.
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/s/ John Beynon John Beynon (Bar No. 233581) Email: [email protected]
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CASE NOS. 06-00244-RMW; 05-00334-RMW; 05-02298-RMW
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