Case: 13-1294

Document: 52

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Filed: 12/12/2013

No. 13-1294 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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MICRON TECHNOLOGY, INC. Plaintiffs/Counterclaim Defendant-Appellee, and MICRON ELECTRONICS, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Counterclaim Defendants-Appellees, v. RAMBUS INC., Defendant/Counterclaimant-Appellant.
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Appeal from the United States District Court for the District of Delaware in Case No. 00-CV-0792, Judge Sue L. Robinson
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UNOPPOSED MOTION OF RAMBUS INC. FOR EXTENSION OF TIME ________________ GREGORY P. STONE FRED A. ROWLEY, JR. JEFFREY Y. WU MUNGER, TOLLES & OLSON LLP 355 South Grand Ave., 35th Floor Los Angeles, C.A. 90071 (213) 683-9255 CARTER G. PHILLIPS ROLLIN A. RANSOM MICHELLE B. GOODMAN RYAN C. MORRIS JENNIFER J. CLARK SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, D.C. 20005 Telephone: (202) 736-8000 Facsimile: (202) 736-8711

Michael J. Schaengold PATTON BOGGS LLP 2550 M Street, N.W. Washington, D.C. 20037 (202) 457-6523 Counsel for Rambus Inc.

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Pursuant to Federal Rule of Appellate Procedure 26(b) and the Rules of this Court, Defendant/Counterclaimant-Appellant Rambus Inc. (“Rambus”) respectfully requests a two-week extension of time, to and including December 26, 2013, within which to file the Appendix in this case. The Appendix is currently due to be filed on December 12, 2013. This Court previously granted Rambus a one-week extension of time within which to file the Appendix. Order, Micron Tech., Inc. v. Rambus Inc., No. 13-1294 (Fed. Cir. Dec. 6, 2013). The Court has also granted Rambus a 60-day extension of time to file its opening brief, Order, Micron Tech., Inc. v. Rambus Inc., No. 13-1294 (Fed. Cir. June 14, 2013), granted Appellees a 30-day extension of time to file their principal brief, Order, Micron Tech., Inc. v. Rambus Inc., No. 13-1294 (Fed. Cir. Aug. 7, 2013), and granted Rambus a 21-day extension of time to file its reply brief, Order, Micron Tech., Inc. v. Rambus Inc., No. 13-1294 (Fed. Cir. Oct. 18, 2013). In fulfillment of Federal Circuit Rule 26(b)(5), undersigned counsel declares under penalty of perjury that there is good cause for this request. Specifically, Rambus, Micron Technology, Inc., and Micron Semiconductor Products, Inc. entered into a settlement agreement on December 9, 2013, to resolve ongoing disputes between them, including this action. Under the terms of that settlement agreement, those parties are to take all necessary steps to obtain dismissal of this appeal as between them upon the satisfaction of certain conditions, which conditions the parties expect to be satisfied by December 19, 2013. A two-week 1

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extension of time within which to file the Appendix will preserve the status quo, allow these parties sufficient time to ensure that the terms of the settlement agreement are met, and allow the parties to the settlement agreement to seek dismissal of the appeal according to the terms of that agreement. Appellees do not oppose a two-week extension of time for Rambus to file the Appendix. CONCLUSION For these reasons, Rambus respectfully requests that the Court grant this motion for a two-week extension of time, to and including December 26, 2013, within which to file the Appendix.

Respectfully submitted, Dated: December 12, 2013 GREGORY P. STONE FRED A. ROWLEY, JR. JEFFREY Y. WU MUNGER, TOLLES & OLSON LLP 355 South Grand Ave., 35th Floor Los Angeles, C.A. 90071 (213) 683-9255 Michael J. Schaengold PATTON BOGGS LLP 2550 M Street, N.W. Washington, D.C. 20037 (202) 457-6523 /s/ Ryan C. Morris CARTER G. PHILLIPS ROLLIN A. RANSOM MICHELLE B. GOODMAN RYAN C. MORRIS JENNIFER J. CLARK SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, D.C. 20005 Telephone: (202) 736-8000 Facsimile: (202) 736-8711

Counsel for Rambus Inc.

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CERTIFICATE OF INTEREST Counsel for appellant Rambus Inc. certifies the following: 1. The full name of every party represented by me is: Rambus Inc. 2. The name of the real party in interest represented by me is: Rambus Inc. 3. There are no parent corporations and publicly held companies that own 10% or more of the stock of Rambus Inc. 4. The names of all law firms and the partners or associates who appeared for Rambus Inc. in proceedings before the United States District Court for the District of Delaware, or are expected to appear in this Court, are: S IDLEY A USTIN LLP Carter G. Phillips, Rollin A. Ransom, Eric A. Shumsky, Eric Solovy, Peter S. Choi, Rachel H. Townsend, Ryan C. Morris, Stephen C. Carlson, John A. Heller, Brian A. McAleenan, Benjamin Guthrie Stewart, Timothy Powderly, Michelle B. Goodman, Charles W. Douglas, Thomas K. Cauley, Jr., Peter H. Kang, Matthew L. McCarthy, Philip W. Woo, Teague Donahey, Peter Suen, Anne Mayer Turk, William Baumgartner, Marc Raven, Courtney Rosen, Jennifer J. Clark MORRIS, NICHOLS, ARSHT & TUNNELL LLP Mary B. Graham, James Walter Parrett , Jr., Rodger D. Smith MUNGER, TOLLES & OLSON LLP Gregory P. Stone, Aaron M. May, Paul J. Watford, Fred A. Rowley, Jr., Richard Drooyan, Andrea Weiss, Catherine Augustson, Peter A. Detre, Carolyn H. Luedtke, Jeffrey Y. Wu PATTON BOGGS LLP Michael J. Schaengold FARR & TARANTO Richard G. Taranto

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DLA PIPER RUDNICK GRAY CARY US LLP (f/k/a GRAY CARY WARE & FREIDENRICH LLP) David E. Monahan, Jeffrey M. Shohet, Barbara J. Orr, David Pendarvis, Sean C. Cunningham, John M. Guaragna, John Allcock, Charles L. Deem, James Pooley, James W. Huston, James W. Cannon MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP Denis A. Berntsen, Thomas E. Wettermann, Stephen Lesavich DATE: December 12, 2013 /s/ Ryan C. Morris RYAN C. MORRIS

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No. 13-1294 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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MICRON TECHNOLOGY, INC. Plaintiffs/Counterclaim Defendant-Appellee, and MICRON ELECTRONICS, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Counterclaim Defendants-Appellees, v. RAMBUS INC., Defendant/Counterclaimant-Appellant.
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Appeal from the United States District Court for the District of Delaware in Case No. 00-CV-0792, Judge Sue L. Robinson
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DECLARATION OF RYAN C. MORRIS IN SUPPORT OF RAMBUS INC.’S UNOPPOSED MOTION FOR EXTENSION OF TIME I, Ryan C. Morris, declare as follows: 1. I am an attorney with Sidley Austin LLP and counsel for

Defendant/Counterclaimant-Appellant Rambus Inc. in the above-titled action. I make this declaration in support of Rambus Inc.’s Unopposed Motion for Extension of Time. The matters referred to in this declaration are based upon my personal knowledge, and if called as a witness I could testify competently to those matters.

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2.

Rambus Inc. respectfully requests a two-week extension of time, to

and including December 26, 2013, within which to file the Appendix. 3. The Appendix is currently due to be filed on December 12, 2013.

This court previously granted Rambus a one-week extension of time to file the Appendix, as well as a 60-day extension of time to file its opening brief, and a 21day extension of time to file its reply brief. 4. Counsel for Appellees has represented that Appellees do not oppose a

two-week extension of time for Rambus to file the Appendix. 5. There is good cause for this motion. On December 9, 2013, Rambus,

Micron Technology, Inc., and Micron Semiconductor Products, Inc. entered into a settlement agreement on December 9, 2013, to resolve all ongoing disputes between them, including this action. Under the terms of that settlement agreement, those parties are to take all necessary steps to obtain dismissal of this appeal as between them upon the satisfaction of certain conditions, which conditions the parties expect to be satisfied by December 19, 2013. A two-week extension of time within which to file the Appendix will preserve the status quo, allow these parties sufficient time to ensure that the terms of the settlement agreement are met, and allow the parties to the settlement agreement to seek dismissal of the appeal according to the terms of that agreement.

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I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct. Executed this 12th day of December 2013 at Washington, D.C.

/s/ Ryan C. Morris___ Ryan C. Morris

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No. 13-1294 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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MICRON TECHNOLOGY, INC. Plaintiffs/Counterclaim Defendant-Appellee, and MICRON ELECTRONICS, INC. and MICRON SEMICONDUCTOR PRODUCTS, INC., Counterclaim Defendants-Appellees, v. RAMBUS INC., Defendant/Counterclaimant-Appellant. [PROPOSED] ORDER Upon consideration of Rambus Inc.’s Unopposed Motion for Extension of Time, IT IS ORDERED THAT: 1) The motion be GRANTED, and the Clerk of the Court note this extension on the docket; 2) The Appendix shall be due on December 26, 2013. FOR THE COURT: Date:________________ _____________________________

Copies to:

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Carter G. Phillips SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, D.C. 20005 Telephone: (202) 736-8000 Facsimile: (202) 736-8711 Attorney for Appellant Jared Bobrow WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: 650-802-3000 Facsimile: 650-802-3100 Attorney for Appellees

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CERTIFICATE OF SERVICE I hereby certify that on this 12th day of December, 2013, I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Federal Circuit through the Court’s CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system.

/s/ Ryan C. Morris RYAN C. MORRIS

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