Case: 12-1677

FORM 26. Docketing Statement

Document: 60

Page: 1

Filed: 12/06/2012
Form 26

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

2012-1677 No. ___________
Rambus Inc. ___________________________________

v.
International Trade Commission ___________________________________

DOCKETING STATEMENT
This Docketing Statement must be completed by all counsel and filed with the court within 14 days of the date of docketing. When the United States or its officer or agency is a party, this Docketing Statement must be completed by all counsel and filed with the court within 30 days of docketing. All questions must be answered or the statement will be rejected. Name of the party you represent LSI Corporation and Seagate Technology LLC Party is (select one) Appellant/Petitioner Appellee/Respondent Cross-Appellant Intervenor x

Tribunal appealed from and Case No. U.S. Int'l Trade Comm'n; Inv. No. 337-TA-753 Date of Judgment/Order 7/31/2012 Type of Case Administrative Proceeding

Relief sought on appeal Affirm Commission's final determination finding no violation of Section 337 Relief awarded below (if damages, specify) No relief due to no violation of Section 337 Briefly describe the judgment/order appealed from
The ALJ issued an Initial Determination on March 2, 2012, and the Commission issued a Final Determination on July 25, 2012 and a Commission Opinion on July 31, 2012. In those Determinations and in that Opinion, with respect to U.S. Patent Nos. 6,470,405; 6,591,353; 7,287,109; 7,602,857, 7,715,494, the ALJ and the Commission correctly construed various terms in certain claims, correctly held certain claims invalid, and correctly held that Rambus had no domestic industry. With respect to U.S. Patent Nos. 6,470,405; 6,592,353, 7,287,109, the ALJ and Commission correctly held that the patents are unenforceable. With respect to U.S. Patent Nos. 7,602,857 and 7,715,494, the ALJ and Commission correctly found non-infringement of certain claims.

153

Case: 12-1677
Form 26

Document: 60

Page: 2

Filed: 12/06/2012

FORM 26. Docketing Statement (continued)

Nature of judgment (select one) Final Judgment, 28 USC 1295 x Rule 54(b) Interlocutory Order (specify type) Other (explain; see Fed. Cir. R. 28(a)(5))

Name and docket number of any related cases pending before this court plus the name of the writing judge if an opinion was issued
Rambus Inc. v. LSI Corporation, Case No. 3:10-cv-05446-RS (N.D. Cal.); Rambus Inc. v. STMicroelectronics N.V. and STMicroelectronics Inc.; Case No. 3:10-cv-05449-RS (N.D. Cal); Rambus Inc. v. David J. Kappos, Director, United States Patent and Trademark Office, Case No. 2012-1480 (Fed. Cir.)

Brief statement of the issues to be raised on appeal LSI Corp. and Seagate Technology LLC will defend the Commission's Final Determination and provide additional grounds supporting the Commission's finding of no violation Have there been discussions with other parties relating to settlement of this case? Yes x If yes, when were the last such discussions? Before the case was filed below? During the pendency of the case below? Following the judgment/order appealed from? x If yes, were the settlement discussions mediated? If they were mediated, by whom? N/A Yes No x No

154

Case: 12-1677

Document: 60

Page: 3

Filed: 12/06/2012
Form 26

FORM 26. Docketing Statement (continued)

Do you believe that this case may be amenable to mediation? If you answered no, explain why not N/A

Yes x

No

Provide any other information relevant to the inclusion of this case in the courts mediation program.

Rambus and LSI Corporation and Seagate Technology LLC are scheduled to participate in mediation with a private mediator on December 6, 2012. I certify that I filed an original and one copy of this Docketing Statement with the Clerk of the United States Court of Appeals for the Federal Circuit and served a copy on counsel of record, this 5th day of December , 2012 by: CM/ECF (manner of service)

David E. Sipiora Name of Counsel Law Firm Kilpatrick Townsend & Stockton LLP Address 1400 Wewatta Street, Suite 600 City, State, ZIP Denver, CO 80202 Telephone Number 303-571-4000 FAX Number 303- 571-4321

s/David E. Sipiora

Signature of Counsel

E-mail Address dsipiora@kilpatricktownsend.com

155