Case3:08-cv-03343-SI Document196 Filed02/24/11 Page1 of 1

MCKOOL SMITH
A PROFESSIONAL CORPORATION • ATTORNEYS
300 West 6th Street
Pierre J. Hubert Suite 1700
Direct Dial: (512) 692-8709 Austin, Texas 78701 Telephone: (512) 692-8700
phubert@mckoolsmith.com Telecopier: (512) 692-8744

February 24, 2011

VIA ECF

Honorable Judge Susan Illston

United States District Court
Northern District of California
Courtroom 10, 19th Floor
450 Golden Gate Avenue
San Francisco, California 94102

RE: Rambus v. NVIDIA, Case Nos. 08-cv-03343 SI, 08-cv-05500 SI

Dear Judge Illston:

Rambus writes in reply to NVIDIA’s letter of February 23, 2011 (Dkt. No. 195). Per its
letter, NVIDIA now has retreated from its position that NVIDIA will not provide any discovery
during the pendency of any motions if motions are allowed, and does not dispute that
“instructions were clear that the parties should meet with Judge Infante as promptly as possible
to develop a plan for Phase 2 discovery and motions” (NVIDIA letter at 2) such that discovery
will proceed, including as to damages as Your Honor indicated with particularity at the
conference. Rambus sees no need here to correct the many other mischaracterizations in
NVIDIA’s letter. Rambus regrets having had to bring this issue to Your Honor’s attention to
secure NVIDIA’s cooperation, and looks forward to working with Judge Infante on Phase 2
discovery.

Sincerely,

/s/ Pierre J. Hubert

Pierre J. Hubert

cc: I. Neel Chatterjee

Orrick Herrington & Sutcliffe
Counsel for NVIDIA

Austin 65909v1