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Stipulation and [Proposed] Order 

(Case Nos. C-08-03343 SI and C-08-05500 SI) 

[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. C-08-03343 SI 

Case No. C-08-05500 SI 

STIPULATION AND [PROPOSED] 

ORDER

Case 3:08-cv-03343-SI Document 140 Filed 03/03/10 Page 1 of 5
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Stipulation and [Proposed] Order 

(Case Nos. C-08-03343 SI and C-08-05500 SI) - 2 - 

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: 

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”). On January 22, 2010, the ITC court issued a Notice Regarding 

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

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

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. The Commission’s decision 

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 

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, 

Inc., No. C-00-20905 (RMW (N.D. Cal.), and Micron Technology, Inc. v. Rambus, Inc., Civ. No. 

Case 3:08-cv-03343-SI Document 140 Filed 03/03/10 Page 2 of 5
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Stipulation and [Proposed] Order 

(Case Nos. C-08-03343 SI and C-08-05500 SI) - 3 - 

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 

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; 

2. The initial phase of discovery should continue until the June 18, 2010 case 

Case 3:08-cv-03343-SI Document 140 Filed 03/03/10 Page 3 of 5
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Stipulation and [Proposed] Order 

(Case Nos. C-08-03343 SI and C-08-05500 SI) - 4 - 

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 

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: (415) 773-4255 

Facsimile: (415) 773-5759 

Email: dgoldstein@orrick.com 

Case 3:08-cv-03343-SI Document 140 Filed 03/03/10 Page 4 of 5
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Stipulation and [Proposed] Order 

(Case Nos. C-08-03343 SI and C-08-05500 SI) - 5 - 

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: (512) 692-8700 

Facsimile: (512) 692-8744 

Email: phubert@mckoolsmith.com 

SO ORDERED: 

Dated: March __, 2010 

HONORABLE SUSAN ILLSTON 

United States District Judge 

Case 3:08-cv-03343-SI Document 140 Filed 03/03/10 Page 5 of 5