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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-05500-SI Document 35 Filed 06/15/10 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 June 18, 2010 case management conference for August

27, 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 indicating a Final Determination would issue on May 24, 2010. The Final

Determination did not issue on May 24, 2010. On May 26, 2010, the ITC issued a Notice of

Extension of Target Date; Request for Further Briefing, which set a new Final Determination date

of July 26, 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.

00-792-SLR (D. Del.). See Docket No. 120 (referencing pendency of appeal in Hynix and Micron

cases). Oral argument was held on April 5, 2010, but no opinion has issued yet.

Case 3:08-cv-05500-SI Document 35 Filed 06/15/10 Page 2 of 5
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Stipulation and [Proposed] Order

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

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. On March 1, 2010, the Court ordered, pursuant to the Parties’ stipulation,

that the initial phase of discovery should continue until the June 18, 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 June 18, 2010, at 3:00 p.m. should

be rescheduled for August 27, 2010, at 3:00 p.m., and the case management statement should be

filed no later than August 20, 2010;

2. The initial phase of discovery should continue until the August 27, 2010 case

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

Case 3:08-cv-05500-SI Document 35 Filed 06/15/10 Page 3 of 5
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Stipulation and [Proposed] Order

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

available to in-house counsel for any party before August 31, 2010, unless the parties otherwise

agree or the Court so orders. If the August 31, 2010 date is not extended by stipulation or a Court

order and a party files no later than August 30, 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 August 18, 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.”

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Stipulation and [Proposed] Order

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

Dated: June 4, 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

Dated: June 4, 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

CROWELL & MORING LLP

Karen J. Petrulakis (CSB No. 168732)

Attorneys for Rambus Inc.

275 Battery Street, 23rd Floor

San Francisco, CA 94111

Telephone: (415) 986-2800

Facsimile: (415) 986-2827

Email: kpetrulakis@crowell.com

SO ORDERED:

Dated: June __, 2010

HONORABLE SUSAN ILLSTON

United States District Judge

Case 3:08-cv-05500-SI Document 35 Filed 06/15/10 Page 5 of 5