Case 5:05-cv-00334-RMW Document 2213 Filed 09/16/2008 Page 1 of 6

1 [Parties Listed On Signature Page]

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8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
10

11
RAMBUS INC., CASE NO.: C 05-00334 RMW
12
Plaintiff, STIPULATION AND [PROPOSED]
13 ORDER EXTENDING TIME FOR
vs. CERTAIN DISCOVERY
14
HYNIX SEMICONDUCTOR INC., et al., Honorable Read Ambler (Ret.)
15
Defendants.
16

17 RAMBUS INC., CASE NO.: C-06-00244 RMW

18 Plaintiff,
19 vs.
20 MICRON TECHNOLOGY INC. and
MICRON SEMICONDUCTOR
21 PRODUCTS, INC.,
22 Defendants.
23
RAMBUS INC., CASE NO.: C-05-02298 RMW
24
Plaintiff,
25 v.
26 SAMSUNG ELECTRONICS CO., LTD.,
et al.,
27
Defendants.
28
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR CERTAIN DISCOVERY
CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
 Case 5:05-cv-00334-RMW Document 2213 Filed 09/16/2008 Page 2 of 6

STIPULATION
1

2 WHEREAS, pursuant to the scheduling order in the above-captioned actions,

3 dated July 16, 2008, fact discovery closed on August 29, 2008;

4 WHEREAS this stipulation is without prejudice to the parties’ rights to move the

5 Court to reopen discovery under the Federal Rules of Civil Procedure to allow additional

6 depositions to be taken;

7 WHEREAS the parties have stipulated that the deposition of OC Kwon may be

8 taken on September 5, 2008;

9 WHEREAS the parties have stipulated that the 30(b)(6) deposition of Nanya

10 Technology Corporation may be taken on September 8 and 9, 2008;

11 WHEREAS the parties have stipulated that deposition(s) regarding topics 4 and 5

12 in Rambus’s 30(b)(6) notice to Micron may be taken no later than September 26, 2008;

13 WHEREAS the parties have stipulated that the deposition of Silicon Graphics, Inc.

14 may be taken on September 17, 2008;

15 WHEREAS the parties have stipulated that, if the parties are unable to reach a

16 stipulation regarding topics 1 and 2 in Rambus’s 30(b)(6) notice to Micron, deposition(s)

17 covering these topics may be taken after the close of fact discovery;

18 WHEREAS the parties have stipulated that, if the parties are unable to reach a

19 stipulation regarding topic 3 in Rambus’s 30(b)(6) notice to Micron, Micron will waive

20 objections to a motion to compel filed by Rambus on that topic based solely on it being filed after

21 the deadline to file such motions set by L.R. 26-2 (but do not waive objections on any other

22 grounds), provided it is filed within seven (7) court days following written notice by either side

23 that negotiations on this issue have broken down;

24 WHEREAS the parties have stipulated that, if the parties are unable to reach a

25 stipulation as to topics 1 and 2 in Rambus’s 30(b)(6) notice to Hynix, deposition(s) covering these

26 topics may be taken after the close of fact discovery;

27 WHEREAS the parties have stipulated that, if the parties are unable to reach a

28 stipulation as to topics 54-65 in the Manufacturers’ Combined 30(b)(6) notice to Rambus,

STIPULATION AND [PROPOSED] ORDER
-1- EXTENDING TIME FOR CERTAIN DISCOVERY
CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
 Case 5:05-cv-00334-RMW Document 2213 Filed 09/16/2008 Page 3 of 6

1 Rambus will waive objections to a motion to compel filed by the Manufacturers on those topics

2 based solely on it being filed after the deadline to file such motions set by L.R. 26-2 (but do not

3 waive objections on any other grounds), provided it is filed within seven (7) court days following

4 written notice by either side that negotiations on this issue have broken down;

5 WHEREAS, the parties have stipulated that (1) if after reviewing documents

6 produced by Micron, Hynix, and Samsung relating to GDDR5 and/or DDR4, Rambus files a

7 motion to compel a 30(b)(6) deposition relating to alternatives and design workarounds relating to

8 work on GDDR5 and/or DDR4 of any of, Micron, Hynix, and Samsung, Micron, Hynix, and

9 Samsung will not object to such motion to compel on the ground that it was filed after the

10 deadline for filing motions to compel set by Local Rule 26-2, or on the ground that the deposition

11 was taken after the close of fact discovery, but reserves all other potential objections and

12 arguments relating thereto; and (2) if the motions of Samsung and Hynix to strike Rambus’s final

13 infringement contentions relating to GDDR5 are denied, and Rambus files a motion to compel

14 relating to GDDR5 (promptly after appropriate efforts to meet and confer with Hynix and/or

15 Samsung as necessary), Hynix and Samsung will not object to such motion on the ground that it

16 was filed after the deadline for filing motions to compel set by Local Rule 26-2, but reserves all

17 other potential objections relating thereto;

18 WHEREAS the parties have stipulated that each of them shall have until

19 September 19, 2008 to supplement their respective opening expert reports based on depositions

20 conducted pursuant to this stipulation after August 29, 2008 and before September 19, 2008; that

21 this stipulation does not limit in any way the parties’ right to supplement their opening expert

22 reports under the Federal Rules of Civil Procedure; and that, in the event that depositions

23 covering topics 1-3 in Rambus’s 30(b)(6) notice to Micron and/or topics 1 and 2 in Rambus’s

24 30(b)(6) notice to Hynix go forward pursuant to the above stipulations, Rambus shall have five

25 (5) court days to supplement its opening expert report based on these depositions;

26 WHEREAS the parties have stipulated that each of them shall have seven (7) court

27 days from the date on which a deposition conducted pursuant to this stipulation is conducted to

28 file a motion to compel on testimony objections and documents discovered in that deposition.
[STIPULATION AND [PROPOSED] ORDER
-2- EXTENDING TIME FOR CERTAIN DISCOVERY
CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
 Case 5:05-cv-00334-RMW Document 2213 Filed 09/16/2008 Page 4 of 6

1 THEREFORE, IT IS ORDERED THAT

2 The close of fact discovery in the above-captioned actions shall be extended to

3 accommodate the agreement of counsel set forth above. The timing of the motions to compel

4 referenced above, if any such motions are filed, shall not be governed by the requirements of

5 Civil Local Rule 26-2 of the Northern District of California Local Rules, but rather, may be filed

6 pursuant to the timing of the parties’ agreement set forth above.

7 SO ORDERED

8 DATED: ________________________ ______________________________

9 Honorable Read Ambler (Ret.)

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[STIPULATION AND [PROPOSED] ORDER
-3- EXTENDING TIME FOR CERTAIN DISCOVERY
CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
 Case 5:05-cv-00334-RMW Document 2213 Filed 09/16/2008 Page 5 of 6

DATED: September 16, 2008 MUNGER, TOLLES & OLSON LLP

1
SIDLEY AUSTIN LLP
2
McKOOL SMITH P.C.
3

4
By: /s/ Rosemarie T. Ring
5
ROSEMARIE T. RING
6
Attorneys for RAMBUS INC.
7
THEODORE BROWN III
DATED: September 16, 2008
8 TOWNSEND AND TOWNSEND AND
CREW LLP
9

10

11 By /s/ Theodore Brown III

THEODORE BROWN III
12
Attorneys for HYNIX SEMICONDUCTOR
13 INC., HYNIX SEMICONDUCTOR
AMERICA INC., HYNIX
14 SEMICONDUCTOR MANUFACTURING
AMERICA INC., HYNIX
15 SEMICONDUCTOR U.K. LTD., and HYNIX
SEMICONDUCTOR DEUTSCHLAND
16 GmbH

17 SVEN RAZ
DATED: September 16, 2008 WEIL, GOTSHAL & MANGES LLP
18

19
By: /s/ Elizabeth Weiswasser
20 ELIZABETH WEISWASSER

21 Attorneys for MICRON TECHNOLOGY

INC., et. al.
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[STIPULATION AND [PROPOSED] ORDER
-4- EXTENDING TIME FOR CERTAIN DISCOVERY
CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW
 Case 5:05-cv-00334-RMW Document 2213 Filed 09/16/2008 Page 6 of 6

MATTHEW ANTONELLI
DATED: September 16, 2008
1 WEIL, GOTSHAL & MANGES LLP

3 By: /s/ Matthew Antonelli

MATTHEW ANTONELLI
4
Attorneys for SAMSUNG ELECTRONICS
5 CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC., SAMSUNG
6 SEMICONDUCTOR, INC., AND SAMSUNG
AUSTIN SEMICONDUCTOR, L.P.
7

8 THERESA E. NORTON
DATED: September 16, 2008 ORRICK HERRINGTON & SUTCLIFFE
9 LLP
10

11 By: /s/ Theresa E. Norton

THERESA E. NORTON
12
Attorneys for NANYA TECHNOLOGY
13 CORPORATION and NANYA
TECHNOLOGY CORPORATION U.S.A.
14

15

16

17 Filer's Attestation:
18 I, Rosemary T. Ring, am the ECF user whose identification and password are being used
19 to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR
20 CERTAIN DISCOVERY. In compliance with General Order 45.X.B, I hereby attest that
21 Theodore Brown III, Elizabeth Weiswasser, Matthew Antonelli and Theresa E. Norton concur in
22 this filing.
23

24 By: /s/ Rosemarie T. Ring

Rosemarie T. Ring
25

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[STIPULATION AND [PROPOSED] ORDER
-5- EXTENDING TIME FOR CERTAIN DISCOVERY
CV 00-20905 RMW; C 05-334 RMW; C-06-244 RMW