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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C-00-20905 RMW
KENNETH L. NISSLY (SBN 77589) [email protected] van KEULEN
(SBN 136060)[email protected] ROEDER (SBN 160897)
[email protected] & MYERS LLP2765 Sand Hill RoadMenlo
Park, CA 94025Telephone: (650) 473-2600Facsimile: (650)
473-2601
KENNETH R. OROURKE (SBN 120144)[email protected]
OMELVENY & MYERS LLP400 South Hope StreetLos Angeles, CA
90071-2899Telephone: (213) 430-6000Facsimile: (213) 430-6407
[Additional counsel listed on signature page.]
Attorneys for PlaintiffsHYNIX SEMICONDUCTOR INC.,HYNIX
SEMICONDUCTOR AMERICA INC.,HYNIX SEMICONDUCTOR U.K. LTD., andHYNIX
SEMICONDUCTOR DEUTSCHLANDGmbH
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
HYNIX SEMICONDUCTOR INC., HYNIXSEMICONDUCTOR AMERICA INC.,HYNIX
SEMICONDUCTOR U.K. LTD., andHYNIX SEMICONDUCTORDEUTSCHLAND
GmbH,
Plaintiffs,
v.RAMBUS INC.,
Defendant.
Case No. C-00-20905 RMW
DECLARATION OF SUSAN ROEDER
IN SUPPORT OF HYNIXS
PROPOSED FINDINGS OF FACT AND
CONCLUSIONS OF LAW ON
SPOLIATION AND IN SUPPORT OF
HYNIXS OPENING PRE-HEARING
BRIEF ON REMAND
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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C-00-20905 RMW
- 1 -
I, Susan Roeder, declare as follows:
1. I am Counsel at the law firm of OMelveny & Myers LLP
(OMelveny), counsel
of record for plaintiffs Hynix Semiconductor, Inc., Hynix
Semiconductor America Inc., Hynix
Semiconductor U.K. Ltd., and Hynix Semiconductor Deutschland
GmbH (Hynix). I make this
declaration in support of Hynixs Proposed Findings of Fact and
Conclusions of Law on
Spoliation and in support of Hynixs Opening Pre-Hearing Brief on
Remand . Except as to
matters stated on information and belief, I have personal
knowledge of the matters stated herein
and, if called upon, could and would competently testify
thereto.
2. Attached to this declaration as Exhibit 1 are true and
correct copies of
consecutively paginated excerpts of the reporters transcript
from the Conduct Trial, pages:
1012-1013 (Crisp).
3. Attached to this declaration as Exhibit 2 is a true and
correct copy of Conduct Trial
Exhibit 3023.
4. Attached to this declaration as Exhibit 3 is a true and
correct copy of Conduct Trial
Exhibit 3024.
5. Attached to this declaration as Exhibit 4 is a true and
correct copy of Conduct Trial
Exhibit 3131.
6. Attached to this declaration as Exhibit 5 is a true and
correct copy of Conduct Trial
Exhibit 3072.
7. Attached to this declaration as Exhibit 6 is a true and
correct copy of Conduct Trial
Exhibit 3106.
8. Attached to this declaration as Exhibit 7 is a true and
correct copy of Conduct Trial
Exhibit 3136.
9. Attached to this declaration as Exhibit 8 is a true and
correct copy of Conduct Trial
Exhibit 3137.
10. Attached to this declaration as Exhibit 9 is a true and
correct copy of Conduct
Trial Exhibit 3151.
11. Attached to this declaration as Exhibit 10 are true and
correct copies of
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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C-00-20905 RMW- 2 -
consecutively paginated excerpts of the reporters transcript
from the Delaware Trial, pages: 212,
242-243, 259-260, 311-313, 348, 350, 407, 468-469, 472 (Karp);
579-580 (Montana); 648-657,
663-665, 668, 684-685, 687-696, 701-705, 721-729 (Tate); 770,
783-784, 786-787, 792-793,
795-800, 806-807, 811-813 (Crisp); 1156, 1170-1171 (Roberts);
1300, 1302-1304 (Hampel);
1349-1350, 1408 (Vincent); 1491-1494, 1558-1559, 1562 (Johnson);
1632-1633 , 1646
(Davidow); 1694-1695 (Farmwald).
12. Attached to this declaration as Exhibit 11 is a true and
correct copy of MTX 047,
which I am informed and believe was admitted as a trial exhibit
in the case of Micron
Technology, Inc. vs. Rambus, Inc., Case No. 00-792 (Delaware
trial).
13. Attached to this declaration as Exhibit 12 is a true and
correct copy of MTX 048,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
14. Attached to this declaration as Exhibit 13 is a true and
correct copy of MTX 056,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
15. Attached to this declaration as Exhibit 14 is a true and
correct copy of MTX 093,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
16. Attached to this declaration as Exhibit 15 is a true and
correct copy of MTX 094,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
17. Attached to this declaration as Exhibit 16 is a true and
correct copy of MTX 133,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
18. Attached to this declaration as Exhibit 17 is a true and
correct copy of MTX 183,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
19. Attached to this declaration as Exhibit 18 is a true and
correct copy of MTX 200,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
20. Attached to this declaration as Exhibit 19 is a true and
correct copy of MTX 235,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
21. Attached to this declaration as Exhibit 20 is a true and
correct copy of MTX 236,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
22. Attached to this declaration as Exhibit 21 is a true and
correct copy of MTX 246,
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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C-00-20905 RMW- 3 -
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
23. Attached to this declaration as Exhibit 22 is a true and
correct copy of MTX 253,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
24. Attached to this declaration as Exhibit 23 is a true and
correct copy of MTX 256,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
25. Attached to this declaration as Exhibit 24 is a true and
correct copy of MTX 429,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
26. Attached to this declaration as Exhibit 25 is a true and
correct copy of MTX 438,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
27. Attached to this declaration as Exhibit 26 is a true and
correct copy of MTX 464,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
28. Attached to this declaration as Exhibit 27 is a true and
correct copy of MTX 807,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
29. Attached to this declaration as Exhibit 28 is a true and
correct copy of MTX 947,
which I am informed and believe was admitted as a trial exhibit
in the Delaware trial.
30. Attached to this declaration as Exhibit 29 are true and
correct copies of
consecutively paginated excerpts of the reporters transcript
from the 9/22/08 Samsung Trial,
page 670 (Karp).
31. Attached to this declaration as Exhibit 30 is a true and
correct copy of September
22, 2008 Samsung Trial Exhibit 4406, which I am informed and
believe was admitted as a trial
exhibit in this Courts September 22, 2008 trial of Samsungs
spoliation and unclean hands claims
against Rambus in Case No. C-05-00334 and C-05-02298 RMW.
32. Attached to this declaration as Exhibit 31 are true and
correct copies of
consecutively paginated excerpts of the reporters transcript
from the Rambus, Inc. vs. Micron
Technology, Inc., et al.; Case No. 04-431105 (S.F. Superior
Court Trial), pages: 2170-2171
(Horowitz); 5134, 5136, 5138, 5140, 5146, 5153-5154, 5161,
5187-5188, 5233 (Karp); 5312-
5318, 5359 (Mooring).
33. Attached to this declaration as Exhibit 32 is a true and
correct copy of S.F.
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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C-00-20905 RMW- 4 -
Superior Court Trial Exhibit 5422.
34. Attached to this declaration as Exhibit 33 is a true and
correct copy of S.F.
Superior Court Trial Exhibit 10093.
35. Attached to this declaration as Exhibit 34 is a true and
correct copy of S.F.
Superior Court Trial Exhibit 11310.
36. Attached to this declaration as Exhibit 35 is a true and
correct copy of pages 86-
88; 92-116 of the Initial Determination in ITC Investigation No.
337-TA-661, dated January 22,
2010.
37. Attached to this declaration as Exhibit 36 is a true and
correct copy of pages 19-
20 to the Non-Confidential Brief of Appellants NVIDIA Corp.,
Fed. Cir. Case No. 2010-1557,
2010-1556, dated December 13, 2010.
38. Attached to this declaration as Exhibit 37 is a true and
correct copy of pages 27-28
of the Non-Confidential Brief of Appellants NVIDIA Corp., Fed.
Cir. Case No. 2010-1557,
2010-1556, dated June 16, 2011.
39. Attached to this declaration as Exhibit 38 is a true and
correct copy of Joint
Motion to Assign Appeal Nos. 2009-1263, 2009-1299, and
2009-12347 to the Same Panel and to
Coordinate Oral Arguments, filed by Rambus and Hynix in Federal
Circuit Case No. 2009-1299
on July 23, 2009.
40. Attached to this declaration as Exhibit 39 is a true and
correct copy of the
August 17, 2009 Federal Circuit Order in Federal Circuit Case
No. 2009-1299.
41. Attached to this declaration as Exhibit 40 is a true and
correct copy of a letter to
Lee Ann Shortridge attaching the video clips of the deposition
designations played during the
Unclean Hands Trial.
42. Attached to this declaration as Exhibit 41 are excerpts of
true and correct copies of
the deposition transcripts of Neil A. Steinberg dated January
16, 2011 and October 6, 2004.
43. Attached to this declaration as Exhibit 42 is a true and
correct copy of the hearing
transcript from the Samsung v. Rambus (Case No. 3:05CV406) held
on August 23, 2005.
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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
C-00-20905 RMW- 5 -
I declare under penalty of perjury under the laws of the United
States of America that the
foregoing is true and correct.
Executed this 14th
day of November 2011, at Menlo Park, California.
/s/ Susan RoederSusan Roeder
OMM_US:70124866.7
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