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1 RAMBUS INC. )
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2 PLAINTIFF, )
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3 VS. )
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4 MICRON TECHNOLOGY, INC. AND )
MICRON SEMICONDUCTOR )
5 PRODUCTS, INC., )
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6 DEFENDANTS. )
____________________________)
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9 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE RONALD M. WHYTE
10 UNITED STATES DISTRICT JUDGE
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12 A P P E A R A N C E S:
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2 APPEARANCES (CONTINUED)
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OFFICIAL COURT REPORTER: LEE-ANNE SHORTRIDGE, CSR, CRR
15 CERTIFICATE NUMBER 9595
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1 SAN JOSE, CALIFORNIA JANUARY 14, 2009
2 P R O C E E D I N G S
15:01:17 17 PROPOSE.
15:01:49 23 HOLIDAY.
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15:02:03 1 FAIRNESS TO BOTH SIDES IN THE SENSE THAT IT ALLOWS
15:03:32 17 AND THE COURT COULD CERTIFY FOR APPEAL THE CLAIM
15:04:02 23 APPEAL.
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15:04:21 1 NOW IS PENDING, WITH PROBABLY A STAY AS TO MICRON.
15:05:04 6 THEY, MICRON AND RAMBUS, TRIED THE CASE AND THE
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15:07:07 1 MOTION AS TO WHAT THEY FEEL -- OR WHAT THEY SUBMIT
15:07:31 4 ISSUES, BUT I THINK I'LL WAIT AND SEE WHAT EACH OF
15:09:17 22 CORRECT, OR --
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15:09:23 1 MR. BOBROW: YES. THERE WERE TWO PATENTS
15:09:28 3 THAT ARE PART OF THE CASE THAT IS SET FOR TRIAL IN
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15:10:53 1 THE COURT: BUT THOSE WERE ALL ONLY WITH
15:11:15 9 EVIDENCE.
15:11:19 12 WELL.
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15:12:01 1 THAT WEREN'T AT ISSUE BEFORE HER.
15:12:22 9 IDENTITY OF ISSUE DOWN THE LINE, AND WHEN YOU LOOK
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15:13:04 1 TRIED THE THIRD PHASE OF THIS CASE IN DELAWARE, AND
15:14:17 21 NEED.
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15:14:29 1 THE COURT COULD RENDER ITS RULING ON THE SUMMARY
15:15:20 21 DEFENSES AND THE PATENT MISUSE DEFENSE AND THE LIKE
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15:15:34 1 PREJUDICED BY VIRTUE OF THE DOCUMENT DESTRUCTION.
15:15:49 8 THIS AND THEN PROCEEDING AS, YOU KNOW, AS YOU HAD
15:15:53 9 SUGGESTED.
15:16:23 21 THAT THESE ISSUES ARE PENDING BEFORE YOUR HONOR AND
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15:16:37 1 OBVIOUSLY WE WOULD ASK THE COURT TO TAKE
15:17:18 18 20TH. THE MATH WORKED THAT I COULD HAVE DONE IT.
15:17:31 22 TIME SHOULD HAVE BEEN SET ASIDE FOR THIS CASE.
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15:17:46 1 THAT IF THE CASE GETS DELAYED UNTIL FEBRUARY 17TH,
15:17:51 3 PARTICIPATE.
15:18:25 14 CONFLICT.
15:18:49 24 APPROACH.
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15:18:54 1 THE SPOLIATION RESULT OF THAT PROCESS IS THAT
15:20:01 19 THAT GOES RAMBUS'S WAY, THAT'S JUST MONEY THAT IT'S
15:20:14 22 PREJUDICE.
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15:20:23 1 COULD BE MADE WHOLE.
15:21:14 19 ISSUES.
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15:21:36 1 WITH REGARD TO OPTION B -- SO OPTION A WE
15:21:43 3 TO TAKE.
15:22:21 18 QUESTIONS.
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15:22:44 1 SINCE THEY ARE RIPE AT THE SAME TIME.
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15:23:58 1 MIGHT BE AT LEAST SOME ISSUES THAT GET TAKEN CARE
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15:25:15 1 IT WOULD VARY AMONG MANUFACTURERS, AND SO IT
15:25:45 9 BOX, AND THE ONLY THING I'VE SEEN SO FAR IS THAT
15:26:03 14 OTHERS.
15:26:17 20 U.S.A.
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15:26:33 1 I'M NOT SURE WHAT THE BASIS FOR AN ARGUMENT TO THAT
15:26:49 7 OPTION B.
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15:27:46 1 THE COURT: I'M NOT SURE I'M ANSWERING
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15:28:48 1 OTHER MOTION THAT WE THINK MIGHT BE APPROPRIATE
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15:30:03 1 AND THAT'S CERTAINLY TRUE, AND THAT'S ONE
15:30:11 4 BETWEEN THE MICRON DELAWARE CASE, OUR 905 CASE, THE
15:30:35 11 COME OUT, IS THE ONE ISSUE THAT WE'VE EVER SEEN IN
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15:31:17 1 POSSIBLE, THOUGH, THAT -- I MEAN, I WOULD AGREE
15:32:09 19 SORTED OUT BEFORE YOU, AND THEN ALLOW THOSE -- YOUR
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15:32:27 1 THAT CAN TAKE UP AN ENORMOUS AMOUNT OF YOUR TIME
15:32:32 2 AND OUR TIME AND OUR RESOURCES, WHICH ARE OBVIOUSLY
15:33:08 16 WAS TAINTED BY THE FACT THAT WE DID NOT HAVE ACCESS
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15:33:30 1 MR. NISSLY: BECAUSE WE BELIEVE THAT THAT
15:34:29 19 AND THE COURT SAID, "WE FEEL THAT THE FINDING OF NO
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15:35:00 1 TOGETHER?
15:35:30 13 CIRCUIT AFFIRMS YOU AND SAYS, "NO, JUDGE WHYTE WAS
15:35:39 16 AND WHAT JUDGE ROBINSON DID," THEN THAT CASE CAN
15:35:58 22 WAY.
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15:36:08 1 THAT'S REALLY NOT AN ISSUE.
15:36:54 19 PAPERS.
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15:37:11 1 HAVE AN INDUSTRY STANDARD SOLUTION AND AN
15:37:19 4 COURT AND MAKE THOSE POINTS. WE'LL ASK YOU FOR
15:37:39 12 SENSE.
15:38:12 25 WE'D SUGGESTED WE DIDN'T SEE THE NEED FOR IT, AND
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15:38:15 1 OBVIOUSLY YOU THINK THERE IS PROBABLY A NEED AND I
15:38:48 10 PARTIES WOULD COME OUT THE WAY THEIR LETTERS DID AS
15:39:08 15 THIS.
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15:39:31 1 THIS ISSUE, SO I HOPE THE MANUFACTURERS, IN THEIR
15:39:45 5 THE POINT FROM OUR EARLIER BRIEF THAT MR. NISSLY
15:39:52 7 ARE COMMON ISSUES THAT CUT ACROSS MANY OF THE CASES
15:40:15 16 BECAUSE THEY WERE THE ONES WHO SELECTED THE FORUM,
15:40:45 24 SELECTED.
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15:40:48 1 GO TO THE COLLATERAL ESTOPPEL LAW, BECAUSE THERE IS
15:41:03 5 DEFENSIVE.
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15:41:52 1 NOT IN THE DELAWARE CASE, I'M TALKING NOW JUST
15:42:06 5 SPOLIATION.
15:42:30 14 PRODUCTS.
15:42:53 24 ON, AND HER FINDING OF PREJUDICE IS, AND BAD FAITH,
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15:43:03 1 ABOUT WHEN THERE WAS A DUTY TO PRESERVE AND A
15:43:14 5 IT'S CLEAR FROM HER RECORD AND HER DECISION WHAT
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15:44:18 1 PARTIES, HYNIX, OF COURSE, THERE'S BEEN A DECISION.
15:44:32 7 FILED.
15:45:08 20 POSSIBLE.
15:45:21 25 SHOULD NOT AFFECT WHAT THIS COURT DOES IN ITS CASE
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15:45:24 1 AND THAT WE SHOULD PROCEED TO TRIAL ON FEBRUARY
15:45:30 3 DATE.
15:45:47 8 DOWN.
15:46:17 19 PROCEED.
15:46:19 21 RAISES THE QUESTION OF, YOU KNOW, THAT TAKES UP THE
15:46:25 23 TRIAL.
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15:46:32 1 THAT THEIR APPEAL SHOULD GO UP AT THE SAME TIME
15:47:09 15 ISOLATED.
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15:47:38 1 INCLUDING THE FEDERAL CIRCUIT, MIGHT SAY, NO,
15:47:45 4 PIECEMEAL.
15:48:02 10 CAN.
15:48:10 14 OTHERS.
15:48:18 17 APPEAL.
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15:48:36 1 IT'S POSSIBLE THAT CERTAIN THINGS WILL NECESSITATE
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15:49:40 1 CONFRONTED AND DEALT WITH.
15:49:54 7 WAY.
15:50:28 18 RELIEF.
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15:50:55 1 A DOLLAR PLUS INTEREST DEFERRED IS NOT THE
15:51:10 6 DIFFERENCE.
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15:52:03 1 MR. STONE: I WOULD SAY MOST OF THEM HAVE
15:52:05 2 BEEN DEPOSED MANY MORE THAN FIVE TIMES, YOUR HONOR.
15:52:11 4 TESTIMONY.
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15:53:08 1 SPOLIATION.
15:53:17 5 AS WE CAN.
15:53:52 19 DO THE NANYA ONE QUICKLY AND EVEN THE NANYA ONE
15:54:04 23 TIME.
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15:54:09 1 ACHIEVE THE GOAL THAT SOME OF THE MANUFACTURERS'
15:54:47 10 OTHERS.
15:55:03 13 ISSUE FOR ME, AND PERHAPS EVEN SUPPORT THAT BY SOME
15:55:08 14 EVIDENCE.
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15:55:46 1 BUT I THINK, TO THE EXTENT I HAVE HAD
15:56:13 10 CASES.
15:56:16 12 DISAGREE.
15:56:34 19 GOES ONE WAY OR THE OTHER, BUT I DON'T HEAR ANYBODY
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15:56:50 1 THE COURT: ANYBODY HAVE ANY ADDITIONAL
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15:58:09 1 THE MOMENT. THE WAY IT WORKS IS THE RE-EXAM
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15:59:17 1 PROCESS PLAY ITSELF OUT LENDS SUBSTANTIAL
15:59:23 3 B.
15:59:56 13 BE IGNORED.
16:00:06 17 THE --
16:00:14 23 UNILATERALLY.
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16:00:19 1 MR. POWERS: THAT'S FAIR.
16:00:47 9 TWO DAYS THE WEEK OF THE 9TH TO -- TWO HALF DAYS
16:01:04 14 RAISED.
16:01:19 20 TRIAL UNLESS AND UNTIL THE COURT RESOLVES THE ISSUE
16:01:42 25 CASE AND DEFENSE WAS TAINTED IS, WE SUBMIT AND WILL
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16:01:45 1 BRIEF, BINDING ON THIS COURT.
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16:02:47 1 MR. BOBROW: BECAUSE SHE HAS MADE A
16:03:18 14 PHASE.
16:03:39 22 TO MICRON.
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16:03:48 1 OR WE HAVE TO HAVE PHASE 3 ADJUDICATED IN THIS
16:03:53 2 CASE.
16:04:14 11 PREJUDICED.
16:04:42 22 MICRON.
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16:04:50 1 MICRON CASE WITH AN APPEAL FROM THIS CASE, THAT
16:05:14 10 FAVOR.
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16:06:09 1 PEOPLE ASK ME, HOW COME THIS CASE IS SO
16:06:38 11 IT.
16:06:53 18 PERHAPS.
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16:07:25 1 THERE'S NO SHOWING THAT ANY MATERIAL DOCUMENTS WERE
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16:09:13 1 BUT WHAT I SUGGEST TO YOU IS THAT IF WE
16:09:32 8 THAT HAS BEEN DONE OVER ALL THESE YEARS IS NOT
16:09:45 13 PROCEED HERE, IT'LL MAKE THINGS WORSE, AND THAT THE
16:09:54 16 THESE CLAIMS AND FIND OUT, ONCE AND FOR ALL, IS
16:10:13 23 ARE.
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16:10:19 1 ARGUES, "NOT FAIR AS TO US," WE ARGUE THAT WASN'T
16:10:25 3 ARE ALL THESE OTHER COMPLEX ISSUES AND FACTS THAT
16:10:37 8 FINAL?
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16:11:23 1 AND THERE WOULD THEN BE, UNDER -- I GUESS
16:11:39 7 DONE.
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16:12:29 1 MR. BOBROW EXPRESSED, HE WOULD BE PROTECTED IN THAT
16:12:44 6 THE BEST THAT WE CAN DO, THE BEST THING WE CAN DO
16:13:04 16 HONOR.
16:13:35 25 NANYA AND SAMSUNG ON SDR AND DDR, THAT HASN'T EVEN
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16:13:39 1 BEEN SCHEDULED; AND, SECONDLY, THERE WOULD BE THE
16:13:44 3 JUST ENTER FINAL JUDGMENT THE DAY A JURY COMES BACK
16:13:54 6 COMBINE ALL OF THIS IN ONE AND GET ALL THE BENEFITS
16:14:00 8 WORK.
16:14:11 13 I, IN 30 SECONDS?
16:14:26 18 ISSUE.
16:14:37 23 COURT WITH RAMBUS AND RAMBUS LOST; OR, NUMBER TWO,
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16:14:46 1 FUNDAMENTALLY UNFAIR.
16:15:11 11 WEEK OF THE 2ND, TOWARDS THE END OF THAT WEEK, BUT
16:15:58 25 BEFORE.
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16:15:59 1 THE COURT: I WANT TO SCHEDULE IT -- I
16:16:17 8 RATHER THAN LATER AND WHETHER THAT GIVES THE COURT
16:16:38 17 IT'S IMPORTANT AND FAIR AND JUST THAT GIVEN THAT
16:16:55 24 THE WEEK OF THE 9TH, IS UNDER WHAT THE COURT HAD
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16:17:00 1 WEEK OF THE 17TH.
16:17:22 9 FILLED OUT ON THE 17TH, AND THEN I GUESS THE JURY
16:17:40 16 CORRECT.
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16:17:58 1 THE COURT: MAYBE THE BEST THING TO DO,
16:21:59 15 OF RAMBUS.
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16:22:28 1 THURSDAY, SO IF WE WANTED TO -- MAYBE WE SHOULD
16:23:28 12 MORNING.
16:23:44 18 WHEN?
16:23:59 23 EVERYBODY?
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16:24:03 1 MR. STONE: YES, THAT'S FINE.
16:24:31 11 AND CONFER AND AGREE TO HEAR THOSE AND TELL ME WHAT
16:24:39 15 KNOW.
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