WU DECL. ISO RAMBUS’S CONSOLIDATEDOPP’N RE COLLATERAL ESTOPPELCASE NOS. 05-334; 05-2298; 06-244; 00-20905
DECLARATION OF JEFFREY Y. WU
I, Jeffrey Y. Wu, do hereby declare and say:1.
I am an attorney with the law firm of Munger, Tolles & Olson LLP,counsel of record for Rambus Inc. (“Rambus”) in this case, and am admitted to practice beforethis Court. I submit this declaration in support of Rambus Inc.’s Consolidated Opposition toMotions of the Manufacturers for Summary Judgment Based Upon Collateral Estoppel. I submitthis declaration based on personal knowledge, and based on information and belief following areasonable investigation, which includes a review of relevant records. I could and would testifycompetently to each of the matters set forth herein.2.
In Rambus Inc. v. Infineon AG Technologies AG, Case No. 3:00CV524(E.D. Va.), a trial on spoliation was held from February 21, 2005, to March 1, 2005 [“InfineonTrial”]. I have reviewed records related to the Infineon Trial in connection with this declaration.3.
In Micron Technology, Inc. v. Rambus, Inc., C.A. No. 00-792 (SLR), Dkt.No. 1084 (D. Del.), a trial on spoliation was held from November 8, 2007, to November 15, 2007,with further closing arguments held on May 20 and September 19, 2008. On January 9, 2009, theDelaware issued its Opinion regarding Micron’s spoliation contentions [“Delaware Ruling”]. Ihave reviewed records related to that proceeding in connection with this declaration.4.
In Hynix Semiconductor Inc. v. Rambus Inc., Case No. CV-0020905-RMW (N.D. Cal.), a trial on spoliation was held from October 17, 2005, to November 1, 2005. Ihave reviewed records related to that proceeding in connection with this declaration.5.
I am informed and believe that MTX 295, which is cited in the DelawareRuling at 9, is identical to DTX 3680. I am informed and believe that, based on my review of records related to the Infineon Trial, DTX 3680 was used in open court at the Infineon Trial onFebruary 21, 2005.6.
I am informed and believe that MTX 379, which is cited in the DelawareRuling at 33, is identical to DTX 3712. I am informed and believe that, based on my review of records related to the Infineon Trial, DTX 3712 was used in open court at the Infineon Trial onFebruary 21, 2005.