Case: 13-1294

Document: 2

Page: 1

Filed: 04/11/2013

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 2013-1294
Micron Technology, Inc.

v.
Rambus Inc.

DOCKETING STATEMENT
This Docketing Statement must be completed by all counsel and filed with the court within 14 days of the date of docketing. When the United States or its officer or agency is a party, this Docketing Statement must be completed by all counsel and filed with the court within 30 days of docketing.

Name of party you represent Rambus Inc. Party is (select one) Appellant/Petitioner Appellee/Respondent Cross-Appellant Intervenor

Tribunal appealed from and case no. US District Court for the District of Delaware, Case No. 00-CV-792 Type of case Civil; Patent Infringement Date of judgment/order Final judgment: 2/25/13 Reverse the judgment entered against Rambus and in favor of Relief sought on appeal Appellees and remand for further proceedings

Relief awarded below (if damages specify)The court declared the patents-in-suit unenforceable against Appellees and entered judgment for them on certain declaratory judgment claims and counterclaims and against Rambus on its patent infringement counterclaims. Briefly describe the judgment/order appealed from The court entered judgment for Appellees and against Rambus following a determination that the patents-in-suit are unenforceable against Appellees based on Rambuss spoliation of evidence.

Case: 13-1294

Document: 2

Page: 2

Filed: 04/11/2013

Nature of judgment (select one) Final judgment, 28 USC 1295 Rule 54(b) Interlocutory order (specify type) Other (explain see Fed. Cir. R. 28(a)(5)) Name and docket no. of any related cases pending before this Court Hynix Semiconductor, Inc. v. Rambus Inc., No. 00-cv-20905 (N.D. Cal.), involves certain issues that are related to the issues presented here. Indeed, in Micron Technology, Inc. v. Rambus Inc.,645 F.3d 1311 (Fed. Cir. 2011), an appeal from the Hynix case was previously coordinated with an earlier appeal in this case. No judgment or notice of appeal has been filed in the Hynix case, but Rambus anticipates that these events will occur very shortly. See also Rambus Inc. v. ITC, Case No. 12-1677 (Fed. Cir.) Brief statement of issues to be raised on appeal Whether the order declaring the patents-in-suit unenforceable (and subsidiary conclusions of law and findings of fact) was error; whether the finding of bad faith (and subsidiary conclusions of law and findings of fact) was error; whether the finding of prejudice (and subsidiary conclusions of law and findings of fact) was error; whether the choice of sanction (and subsidiary conclusions of law and findings of fact) was error.

Have there been discussions with other parties relating to settlement of this case? Yes No If yes, when were the last such discussions? Before the case was filed below? During the pendency of the case below? Following the judgment/order appealed from? If yes, were the settlement discussions mediated? Yes No

If they were mediated, by whom? Hon. Laurence Kay (retired)

Hon. Daniel Weinstein (retired); Hon. Richard Seeborg;

Do you believe that this case may be amenable to mediation? If you answered no, explain why not

Yes

No

Thus far, the parties have had extensive mediation

Case: 13-1294

Document: 2

Page: 3

Filed: 04/11/2013

efforts to resolve this matter. Rambus believes that if the parties are going to settle, they will do so through continued private efforts at mediation and/or settlement. Provide any other information relevant to the inclusion of this case in the courts mediation program n/a

I hereby certify that on April 11, 2013, I caused a true and correct copy of the foregoing Docketing Statement of Rambus Inc. to be served via Electronic Mail upon the following counsel as indicated below: Jon Steiger Quinn Emanuel Urquhart & Sullivan LLP 865 South Figueroa Street 10th Floor Los Angeles, CA 90017 (213) 443-3000 jonsteiger@quinnemanuel.com Carter G. Phillips Name of Counsel Law firm Address City, State and ZIP Telephone Fax# E-mail address /s/ Carter G. Phillips Signature of Counsel Sidley Austin LLP 1501 K Street, N.W. Washington, D.C. 20005 202-736-8000 202-736-8711 cphillips@sidley.com