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20831370.1

WU DECL. SUPPORTING IN PARTSK HYNIXS MOTION TO FILE UNDER SEAL

CASE NO. CV 00-20905 RMW

Gregory P. Stone (SBN 078329)Steven M. Perry (SBN 106154)Fred A. Rowley, Jr. (SBN 192298)Jeffrey Y. Wu (SBN 248784)MUNGER TOLLES & OLSON LLP355 South Grand Avenue, 35th FloorLos Angeles, CA 90071-1560Telephone: (213) 683-9100Facsimile: (213) 687-3702Email: [email protected];[email protected];[email protected];[email protected]

Peter A. Detre (SBN 182619)MUNGER TOLLES & OLSON LLP560 Mission Street, 27th FloorSan Francisco, California 94105Telephone: (415) 512-4000

Facsimile: (415) 512-4077Email: [email protected]

Attorneys for RAMBUS INC.

Rollin A. Ransom (SBN 196126)SIDLEY AUSTIN LLP555 West Fifth Street, Suite 4000Los Angeles, CA 90013-1010Telephone: (213) 896-6000Facsimile: (213) 896-6600Email: [email protected]

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

SK HYNIX INC., et al.,

Plaintiffs,

v.

RAMBUS INC.,

Defendant.


DECLARATION OF JEFFREY Y. WUSUPPORTING IN PART SK HYNIXSADMINISTRATIVE MOTION FOR LEAVETO FILE DOCUMENTS UNDER SEALPURSUANT TO L.R. 7-11 AND 79-5(D) ANDGENERAL ORDER NO. 62

Case5:00-cv-20905-RMW Document4252 Filed05/28/13 Page1 of 3

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-1- WU DECL. SUPPORTING IN PARTSK HYNIXS MOTION TO FILE UNDER SEAL


I, JEFFREY Y. WU, hereby declare:

1. I am an attorney with the law firm of Munger, Tolles & Olson LLP, counsel ofrecord for Rambus Inc. (Rambus) in the above-entitled action. I am licensed in the State of

California and admitted to practice before this Court. I make this declaration based on my

personal knowledge and, if called upon as a witness, I could and would testify competently as to

the matters set forth below.

2. The Court entered protective orders in the above-captioned case on June 20, 2001(Dkt. 119) and October 22, 2012 (Dkt. 4172) (Protective Orders).

3. On May 20, 2013, Rambus counsel received from counsel for the SK hynixentities (collectively, SK hynix) SK hynixs Brief in Support of Its Proposed Form of Final

Judgment, dated May 20, 2013 (SK hynix Brief), in three versions: the Confidential Version,

the Annotated Version, and the Redacted Public Version.

4. On May 20, 2013, SK hynix filed its Administrative Motion for Leave to FileDocuments Under Seal Pursuant to L.R. 7-11 and 79-5(d) and General Order No. 62 (Dkt. 4248)

(Sealing Motion), along with a supporting declaration (Dkt. 4248-1) and a proposed order (Dkt.

4248-2).

5. I understand that SK hynixs Sealing Motion seeks, among other relief, permissionto file under seal the portions of the SK hynix Brief that have been highlighted in the Annotated

Version and redacted in the Redacted Public Version.

6. The portions highlighted in the Annotated Version of the SK hynix Brief, andredacted in the Redacted Public Version of the SK hynix brief, contain and/or describe business

and financial information regarding royalty rates and/or rate volumes that have been designated

by various parties, including Rambus, Samsung, and Elpida as Confidential, Special

Confidential, Outside Counsel Only, and/or SKh Outside Counsel + Listed Experts Only

information under the terms of the Protective Orders. I believe that the disclosure of this

information could cause a substantial risk of business harm that could not be avoided by less

restrictive means.


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20831370.1 -2-WU DECL. SUPPORTING IN PART

SK HYNIXS MOTION TO FILE UNDER SEAL


7. Rambus has previously submitted declarations from Samsung, Elpida, andRambus supporting the sealing of information regarding royalty rates and/or rate volumes. See

Exhibits B F to Declaration of Steven M.Perry in Support of Rambuss Brief Regarding

Redactions to the Sealed Portion of the Transcript of the December 19, 2012 Hearing, dated Jan.

11, 2013 (Dkt. 4233 & 4233-1).

8. The Court has previously sealed briefing that contains information regardingroyalty rates and/or rate volumes. See Order Granting Hynixs Mot. to File Documents Under

Seal Pursuant to Local Rules 79-5 and 7-11 and General Order No. 61, dated December 5, 2012

(Dkt. 4204).

9. Because SK hynix already submitted a proposed order that would seal the relevantportions of the SK hynix Brief, this declaration is not accompanied by a separate proposed order.

I declare under penalty of perjury under the laws of the United States of America and the

State of California that the foregoing is true and correct.

Executed on May 28, 2012, at Los Angeles, California.

DATED: May 28, 2012 MUNGER, TOLLES & OLSON LLP

By: /s/ Jeffrey Y. Wu

Jeffrey Y.Wu

Attorneys for RAMBUS, INC.
