Case3:08-cv-03343-SI Document194 Filed02/23/11 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 23, 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 regrets that it must seek Your Honor’s assistance regarding a fundamental
disagreement as to whether Your Honor informed the parties at the February 11th CMC that
discovery should proceed. Rambus believes that Your Honor clearly did so, particularly as to
past damages. NVIDIA’s position is that it will not respond substantively to any discovery
propounded by Rambus until after the Court rules on a motion NVIDIA plans to re-file
concerning its still-unpled unclean hands defense (a defense on which Rambus prevailed against
NVIDIA at the ITC).
Rambus requests that Your Honor issue an order clarifying that discovery shall move
forward under the supervision of Special Master Infante regardless of the pendency of any
motions the parties may seek to file. Rambus’s attorneys will make themselves available at any
time should Your Honor wish to schedule a telephonic hearing regarding Rambus’s request.

Sincerely,

/s/ Pierre J. Hubert

Pierre J. Hubert

cc: I. Neel Chatterjee

Orrick Herrington & Sutcliffe
Counsel for NVIDIA

Austin 65855v2