2Rambus and nVidia have attached to their Petition two documents, entitled “SettlementAgreement” and “Patent License Agreement.” Petition Exhs A and B.
The SettlementAgreement and Patent License Agreement memorialize the parties’ agreement to compromiseand settle the disputes arising out of this investigation (including appellate proceedings beforethe U.S. Court of Appeals for the Federal Circuit), related litigation in the U. S. District Court forthe Northern District of California, and certain aspects of the 753 investigation currently pendingbefore Judge Essex. Settlement Agreement, § 3.1 (Release by Rambus);
at § 3.5(a)(Dismissals and Other Provisions Terminating the Disputes); Patent License Agreement, § 2.1(License to nVidia);
at § 3.1 (Rambus Standstill). With respect to the 661 investigation andthe corresponding Commission Orders in particular, the Patent License Agreement grants nVidiaa non-exclusive, non-transferrable, royalty-bearing license under the patents (
, U.S. PatentNos. 6,470,405; 6,591,353; and 7,287,109) that are the subject of the Commission Orders.Patent License Agreement, § 2.1 (License to nVidia);
Petition at 1-2. In addition, theSettlement Agreement releases Rambus’s claims of infringement against the products of thenVidia customer respondents that are subject to the Commission Orders. Settlement Agreement,§ 3.4(b);
Petition at 1-2.In OUII’s view, the agreements between Rambus and nVidia as reflected in Exhibits Aand B to the joint Petition constitute a “changed condition of fact” meriting rescission of theCommission Orders pursuant to 19 C.F.R. § 210.76(a)(1).
See, e.g., Certain Sortation Systems,Parts Thereof and Products Containing Same
, Inv. No. 337-TA-460, 2005 ITC LEXIS 213,Notice of Comm’n Determination to Rescind a Limited Exclusion Order (Mar. 3, 2005);
The parties have provided a confidential version and a redacted, public version of the twoagreements.
EDIS Doc. ID 471759 (Feb. 13, 2012) (including a complete copy of theconfidential agreements); EDIS Doc. ID 471760 (Feb. 13, 2012) (including a redacted, publicversion of the confidential agreements).