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Rambus Inc v. International Business Machines Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 31, 2011

RAMBUS INC.,
PLAINTIFF,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge Northern District of California

Barbara Clarke McCurdy (Admitted Pro Hac Vice) barbara.mccurdy@finnegan.com 2 Naveen Modi (Admitted Pro Hac Vice) naveen.modi@finnegan.com Srikala P. Atluri (Admitted Pro Hac Vice) srikala.atluri@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 Tina E. Hulse (CA Bar No. 232936) 8 tina.hulse@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304-1203 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 Attorneys for Plaintiff Rambus Inc.

STIPULATION RE: CASE SCHEDULE; SUPPORTING DECLARATION OF TINA E. HULSE;

[PROPOSED] ORDER AS MODIFIED

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Rambus Inc. ("Rambus") and Defendant International Business Machines Corporation ("IBM"), through their respective counsel of record, 3 respectfully request, and with the Court's permission, stipulate to a two-week extension of the 4 current case schedule to allow the parties to finalize the settlement agreement and associated papers.

The parties note that they have exchanged drafts and are currently working on finalizing the papers.

More specifically, with the Court's permission, the parties hereby stipulate that the current schedule 7 set forth in the May 12, 2011, Stipulated Order [Dkt. 62] be modified as follows:

EVENT CURRENT SCHEDULE PROPOSED DATE

Exchange of Preliminary Claim May 31, 2011 June 13, 2011 10 Constructions and Extrinsic Evidence (Patent L.R. 4-2(a), (b))

Meet and confer re Joint Claim June 6, 2011 June 20, 2011 Construction and Prehearing Statement (Patent L.R. 4-2(c))

Last day to request leave to June 10, 2011 June 24, 2011 15 designate additional terms for claims construction JSW Standing Order ¶ 4 Joint Claim Construction and June 24, 2011 July 8, 2011 Prehearing Statement (Patent L.R. 4-3) -- Includes Expert Testimony. Parties must attach copies of patents, make 20 available file histories to Court for each involved patent Completion of Claim July 25, 2011 August 8, 2011 Construction Discovery (Patent L.R. 4-3)

Rambus Opening Claim August 8, 2011 August 22, 2011 Construction Brief (Patent L.R. 4-5(a)). 25 page limit

IBM Responsive Claim August 22, 2011 September 6, 2011

Construction Brief (Patent L.R. 4-5(b)). 25 page limit

EVENT CURRENT SCHEDULE PROPOSED DATE

Rambus - Reply Brief and any August 29, 2011 September 12, 2011 evidence directly rebutting the supporting evidence (Patent L.R. 4-5(c)). 15 page limit

Amended Joint Claim Construction Statement

Tutorial for the Court September 21, 2011 October 5, 2011, or any later date, subject to the convenience of the Court's calendar Claim Construction October 5, 2011 October 19, 2011, or any ("Markman") Hearing(Patent L.R. 4-6).

later date, subject to the convenience of the Court's calendar

By her signature below, counsel for Plaintiff attests that counsel for Defendant concurs in the filing of this stipulation.

Respectfully submitted,

I, TINA E. HULSE, declare as follows:

1. I am an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., counsel 4 for Plaintiff Rambus Inc. ("Rambus"). I submit this declaration in support of the parties' Stipulation Regarding Case Schedule. I make this declaration of my own personal knowledge and will 6 competently testify thereto if called upon to do so.

2. On April 15, 2011, and May 12, 2011, the Court entered Stipulated Orders [Dkt. Nos. 60 8 and 62], which set forth the claim construction briefing schedule for this action. The May 12, 2011, Stipulated Order [Dkt 62] also set the technology tutorial for September 21, 2011, at 1:30 p.m. and 10 the Markman Hearing for October 5, 2011, at 1:30 p.m.

3. The parties, both the respective corporate representatives and outside counsel, have been 12 actively discussing resolution of this case, have reached a settlement in principle, and have 13 exchanged drafts of the settlement papers and are currently working on finalizing them.

Accordingly, the parties have met and conferred and agree that continuing the case schedule for two 15 weeks will facilitate finalization of the necessary settlement papers precedent to resolution of this 16 action.

4. The Court previously granted the Stipulated Orders to permit settlement discussions.

Otherwise, the only time modification in this case was to change the Case Management Conference 19 from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to 20 dismiss in related case, International Business Machines Corp. v. Rambus Inc., No. C 10-04017 JSW. See Dkt. 48.

5. The requested modification in the current case schedule will not affect any other pre-trial deadlines, as the pre-trial schedule has not yet been entered in this case. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct, and this declaration was executed this 27th day of May, 2011.

/s/ Tina E. Hulse

Tina E. Hulse

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED. The tutorial will be held at 1:30 p.m. on October 4, 2011 and the claims construction hearing will be held at 1:30 on October 18, 2011 at 1:30 p.m.

20110531

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