Rambus Inc. v. Nvidia Corporation

Filing 140

ORDER continuing cmc to 6/18/10 (tf, COURT STAFF) (Filed on 3/3/2010)

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[counsel identified on signature page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

RAMBUS INC., Plaintiff, v. NVIDIA CORPORATION, Defendant. and NVIDIA CORPORATION Plaintiff, v. RAMBUS, INC., Defendant.

Case No. Case No.

C-08-03343 SI C-08-05500 SI

STIPULATION AND [PROPOSED] ORDER

Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

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Rambus Inc. and NVIDIA Corporation (collectively, the "Parties") hereby submit the following joint stipulation and proposed order to apprise the Court of the status of related proceedings and to seek rescheduling of the March 12, 2010 case management conference for June 18, 2010:

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Inc., No. C-00-20905 (RMW (N.D. Cal.), and Micron Technology, Inc. v. Rambus, Inc., Civ. No. 28
Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

The Proceeding in the International Trade Commission The Parties are involved in a related proceeding pending in the International Trade Commission, In the Matter of Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controller and Products Containing Same, Inv. No. 337-TA-661 (U.S.I.T.C.) (the "ITC Action"). Initial Determination. On January 22, 2010, the ITC court issued a Notice Regarding

The Parties are briefing issues in response to the Initial Determination, If the Final

and a Final Determination is currently scheduled to issue on May 24, 2010.

Determination includes an exclusion order, there will be a 60-day period during which the President of the United States may overturn the exclusion order. then can be appealed to the Federal Circuit. The Proceedings in the U.S. Patent and Trademark Office The U.S. Patent and Trademark Office is conducting inter partes reexaminations of the 15 remaining patents-in-suit in this action. Although the PTO has taken at least some action with The Commission's decision

respect to each of the 15 patents, the reexamination process has not yet concluded for any of the patents. After the patent examiner completes review of each reexamination, an appeal of that

reexamination can be brought before the PTO's Board of Patent Appeals and Interferences and then to the Federal Circuit. The Proceedings in the Federal Circuit The Federal Circuit is reviewing the decisions in Hynix Semiconductor, et al. v. Rambus,

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00-792-SLR (D. Del.). See Docket No. 120 (referencing pendency of appeal in Hynix and Micron cases). Briefing is complete and oral argument is scheduled for April 5, 2010.

Initial Phase of this Action The Court entered a Protective Order on April 21, 2009. The Court entered Orders on

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Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

April 13, 2009 and June 18, 2009 governing discovery in this case, which among other things implemented an initial phase of discovery limited to document production from other proceedings, including but not limited to the ITC Action. On August 5, 2009, the Court ordered,

pursuant to the Parties' stipulation, that the initial phase of discovery should continue until the February 12, 2010 case management conference. On January 26, 2010, the Court ordered,

pursuant to the Parties' stipulation, that the initial phase of discovery should continue until the March 12, 2010 case management conference. The Parties are meeting and conferring regarding NVIDIA's proposals to amend the Court's April 21, 2009 Protective Order, including without limitation paragraph 7.3(b) regarding in-house counsel access to information that is designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" pursuant to the Protective Order. NVIDIA and Rambus each represent that none of their in-house counsel has accessed the other party's materials designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" in this action. The Parties intend to further minimize burden and inefficiency by reaching a stipulation without the need to engage in motion practice at this time to resolve any dispute regarding the Protective Order. In light of the foregoing, Rambus and NVIDIA hereby stipulate as follows: 1. The case management conference scheduled for March 12, 2010, at 3:00 p.m.

should be rescheduled for June 18, 2010, at 3:00 p.m., and the case management statement should be filed no later than June 11, 2010; The initial phase of discovery should continue until the June 18, 2010 case -3-

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management conference; 3. Notwithstanding the Protective Order's provision to the contrary, materials that are

designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall not be made available to in-house counsel for any party before June 22, 2010, unless the parties otherwise

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Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

agree or the Court so orders.

If the June 22, 2010 date is not extended by stipulation or a Court

order and a party files no later than June 21, 2010, a motion to amend the Protective Order with respect to in-house counsel access, materials that are designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall not be made available to in-house counsel for any party until final resolution of the motion, including any and all appeals to the district court of the Special Master's ruling on that motion; 4. In view of the Stipulation addressing discovery matters in the interim, neither

party may file a motion in this matter until June 9, 2010; 5. Nothing in this Stipulation affects a party's right, pursuant to the terms of the

Protective Order, to challenge the designation of a document as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY."

Dated: March 1, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ David M. Goldstein David M. Goldstein Attorneys for NVIDIA Corporation 405 Howard Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

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Dated: March 1, 2010

MCKOOL SMITH

/s/ Pierre Hubert Pierre Hubert Attorneys for Rambus Inc. 300 West 6th Street, Suite 1700 Austin, TX 78701 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

SO ORDERED: Dated: March __, 2010 HONORABLE SUSAN ILLSTON United States District Judge

Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

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