Case: 13-1192

Document: 55

Page: 1

Filed: 01/24/2014

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT ) ) ) ) ) ) )

RAMBUS, INC., v. MICRON TECHNOLOGY, INC.

Appeal No. 2013-1192

UNOPPOSED MOTION TO ENLARGE THE TIME FOR RESPONDING TO THIS COURTS JANUARY 10, 2014, ORDER The Director of the United States Patent and Trademark Office (USPTO), pursuant to Fed. Cir. R. 26, requests that the time for filing the USPTOs response to this Courts January 10, 2014, Order in the above-captioned appeal, now due January 24, 2014, be extended 14 days, resulting in a new due date of February 7, 2014. No extension was previously granted to the USPTO. On January 6, 2014, Appellee Micron Technology, Inc. (Micron) filed a motion to withdraw as appellee from the appeal pursuant to an agreement between Micron and Appellant Rambus Inc. (Rambus). On January 10, 2014, this Court invited a response from the USPTO addressing the implications of granting that motion, directing the USPTO to respond within 14 days of the date of that Order, i.e., January 24, 2014. On January 17, 2014, Rambus filed its response to the Courts Order indicating that it does not intend to withdraw its appeal. This response was filed

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only 7 days before the January 24, 2014, due date sought to be extended. See Fed. Cir. R. 26(b)(1). Because Rambus desire to continue with its appeal despite Microns withdrawal from the appeal may raise complex jurisdictional questions that could implicate government interests beyond those of the USPTO, the Department of Justice has asked the USPTO to seek a 14-day extension so it can consider the issue fully. Appellants counsel, James R. Barney, was contacted regarding this motion and indicated that Appellant does not oppose the motion. Pursuant to Fed. Cir. R. 26(b)(1), this motion is accompanied by a Declaration in support of the motion.

Respectfully submitted,

Dated: January 24, 2014

/s/ Scott C. Weidenfeller NATHAN K. KELLEY, Solicitor SCOTT C. WEIDENFELLER Senior Counsel for Patent Law and Litigation Office of the Solicitor Mail Stop 8 United States Patent & Trademark Office P.O. Box 1450 Alexandria, Virginia 22313-1450 Attorneys for the Director of the United States Patent and Trademark Office

Case: 13-1192

Document: 55

Page: 3

Filed: 01/24/2014

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT ) ) ) ) ) ) )

RAMBUS, INC., v. MICRON TECHNOLOGY, INC.

Appeal No. 2013-1192

DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO ENLARGE THE TIME FOR RESPONDING TO THIS COURTS JANUARY 10, 2014, ORDER 1. 2. I am the primary attorney assigned to work on this case. On January 17, 2014, Rambus filed its response to the Courts Order indicating that it does not intend to withdraw its appeal. This response was filed only 7 days before the January 24, 2014, due date sought to be extended. 3. Because Rambus desire to continue with its appeal despite Microns withdrawal from the appeal may raise complex jurisdictional questions that could implicate government interests beyond those of the USPTO, the Department of Justice has asked the USPTO to seek a 14-day extension so it can consider the issue fully. 4. Appellants counsel, James R. Barney, stated that Appellant does not oppose the Directors motion to seek a 14-day extension of time.

I declare under penalty of perjury that the foregoing is true and correct.

Executed January 24, 2014

/s/ Scott C. Weidenfeller SCOTT C. WEIDENFELLER Senior Counsel for Patent Law and Litigation

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CERTIFICATE OF SERVICE I hereby certify that on January 24, 2014, I electronically filed the foregoing UNOPPOSED MOTION TO ENLARGE THE TIME FOR RESPONDING TO THIS COURTS JANUARY 10, 2014, ORDER and DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO ENLARGE THE TIME FOR RESPONDING TO THIS COURTS JANUARY 10, 2014, ORDER using the Courts CM/ECF filing system. Counsel for the Appellant was electronically served via e-mail per Fed. R. App. P. 25 and Fed. Cir. R. 25(a) and 25(b).

/s/ Scott C. Weidenfeller SCOTT C. WEIDENFELLER Senior Counsel for Patent Law and Litigation Office of the Solicitor Mail Stop 8 United States Patent & Trademark Office P.O. Box 1450 Alexandria, Virginia 22313-1450