Hyundai Electronics, et al v. Rambus, Inc.

Filing 4120

STIPULATION AND ORDER 4116 Regarding Discharge of Supersedeas Bond Posted by Hynix Semiconductor Inc.. Signed by Judge Ronald M. Whyte on 2/24/12. (jg, COURT STAFF) (Filed on 2/24/2012)

1

Parties listed on signature page

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12

HYNIX SEMICONDUCTOR, INC., et al.,
Plaintiffs,

13
14

vs.

15

RAMBUS INC.,

16
17

Defendant.

CASE NO. CV 00-20905 RMW
STIPULATION AND []
ORDER REGARDING DISCHARGE OF
SUPERSEDEAS BOND POSTED BY
HYNIX SEMICONDUCTOR INC.

Judge:
Ctrm:

Honorable Ronald M. Whyte
6

18
19
20
21

WHEREAS, the Court entered Final Judgment against Hynix Semiconductor Inc., Hynix

22

Semiconductor America Inc., Hynix Semiconductor U.K. Ltd., and Hynix Semiconductor

23

Deutschland GmbH (collectively “Hynix”) on March 10, 2009;

24
25
26

WHEREAS, Hynix filed its Notice of Appeal to the Court of Appeals for the Federal
Circuit from the Final Judgment on April 6, 2009;
WHEREAS, on May 14, 2009, the Court Ordered that execution of the Final Judgment be

27

stayed pending the appeal in this action, on condition that, inter alia, Hynix post a supersedeas

28

bond in the amount of $250 million within 45 days of its May 14, 2009 Order;
-1-

STIPULATION AND [] ORDER
REGARDING DISCHARGE OF BOND
CASE NO. CV 00-20905 RMW

1

WHEREAS, on June 26, 2009, Hynix posted a supersedeas bond, Bond No. CGB

2

8960181 issued by Fidelity and Deposit Company of Maryland and Zurich American Insurance

3

Company, in the amount to $250 million in accordance with the Court’s Order of May 14, 2009;

4

WHEREAS, on September 17, 2010, the Court ordered that Hynix post a supersedeas

5

bond in the full amount of the Final Judgment within 30 days in order to maintain the stay of

6

execution;

7

WHEREAS, on October 18, 2010, Hynix posted a supersedeas bond, in the form of a

8

Rider to Bond No. CGB 8960181, issued by Fidelity and Deposit Company of Maryland and

9

Zurich American Insurance Company, in the full amount of the Final Judgment, together with

10

post-judgment interest through October 18, 2010 in accordance with the Court’s Order of

11

September 17, 2010 (hereinafter, Bond No. CGB 8960181 and the Rider to Bond No. CGB

12

8960181 are collectively referred to as “the bond”) ;

13
14
15
16
17

WHEREAS, on May 13, 2011, the Court of Appeals for the Federal Circuit vacated the
Final Judgment against Hynix and remanded for further proceedings;
WHEREAS, on January 11, 2012, the Court ordered that Hynix’s obligation to maintain a
supersedeas bond in respect of the judgment of March 10, 2009, was released;
WHEREAS, Hynix and Fidelity and Deposit Company of Maryland and Zurich American

18

Insurance Company have requested that Rambus Inc. (“Rambus”) enter into this stipulation

19

clarifying certain aspects of the scope of this Court’s January 11, 2012 Order;

20
21

WHEREAS, Rambus understands that the import of paragraph (2) on page 13 of the
Court’s Order of January 11, 2012, is that the bond is released and exonerated; and

22

WHEREAS, Hynix and Rambus each acknowledges and agrees that Rambus’s and

23

Hynix’s agreement to this stipulation is without waiver of any and all rights that either Rambus or

24

Hynix may have with regard to the judgment of March 10, 2009, and the subsequent remand

25

proceedings, including Hynix’s and/or Rambus’s rights, if any, to appeal or otherwise challenge

26

the Court’s Order of January 11, 2012, save and except for Rambus’s right to seek

27

reconsideration of or appeal from the release and exoneration of the bond,

28
-2-

STIPULATION AND [
OF BOND
CASE NO. CV 00-20905 RMW

1

NOW, THEREFORE, SUBJECT TO THE APPROVAL OF THE COURT, IT IS

2

HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Hynix and

3

Rambus, that the below Order may be entered by the Court.

4

DATED: February 8, 2012

5

MUNGER, TOLLES & OLSON LLP
By: /s/ Gregory P. Stone
Gregory P. Stone

6
7

Counsel for Rambus Inc.

8
9

DATED: February 8, 2012

10

KILPATRICK TOWNSEND & STOCKTON, LLP
By: /s/ Theodore G. Brown, III
Theodore G. Brown, III

11
12

Counsel for Hynix Semiconductor Inc.; Hynix
Semiconductor America Inc.; Hynix Semiconductor
U.K. Ltd.; and Hynix Semiconductor Deutschland
GmbH

13
14
15
16

ORDER

17

In furtherance of the Court's Order of January 11, 2012, and for the reasons set forth

18
19

therein, IT IS HEREBY ORDERED that:
(1)

The Supersedeas Bond posted in this case, Fidelity and Deposit Company of

20

Maryland and Zurich American Insurance Company Bond No. CGB 8960181, and the Rider

21

thereto, are hereby unconditionally released and exonerated and Fidelity and Deposit Company of

22

Maryland and Zurich American Insurance Company are hereby released from all liability under

23

the terms of the Supersedeas Bond and the Rider;

24

(2)

The clerk is directed to release the original bond(s) to counsel for Hynix; and

25

(3)

Any and all rights that Rambus and/or Hynix may have with regard to the

26

judgment of March 10, 2009, and the subsequent remand proceedings, including Rambus’s and/or

27

Hynix’s rights, if any, to appeal or otherwise challenge the Court’s Order of January 11, 2012, are

28
-3-

STIPULATION AND [] ORDER
REGARDING DISCHARGE OF BOND
CASE NO. CV 00-20905 RMW

1

preserved and are not waived, save and except for Rambus’s right to seek reconsideration of or

2

appeal from the release and exoneration of the Supersedeas Bond and Rider referred to above.

3

IT IS SO ORDERED.

4
5

DATED: February ___, 2012

6
7

Honorable Ronald M. Whyte
United States District Court Judge

8
9
10
11
12
13
14
15
16
17
18

63969953 v1

19
20
21
22
23
24
25
26
27
28
-4-

STIPULATION AND [] ORDER
REGARDING DISCHARGE OF BOND
CASE NO. CV 00-20905 RMW