Case: 12-1677

FORM 26. Docketing Statement

Document: 78

Page: 1

Filed: 01/02/2013
Form 26

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 2012-1677 ___________
Rambus Inc.

___________________________________ v.

International Trade Commission

___________________________________

DOCKETING STATEMENT
This Docketing Statement must be completed by all counsel and filed with the court within 14 days of the date of docketing. When the United States or its officer or agency is a party, this Docketing Statement must be completed by all counsel and filed with the court within 30 days of docketing. All questions must be answered or the statement will be rejected. Name of the party you represent Party is (select one)
HGST, Inc.

□ Appellant/Petitioner □ Appellee/Respondent

□ Cross-Appellant □ Intervenor ✔

Tribunal appealed from and Case No. U.S. Int'l Trade Comm'n; Inv. No. 337-TA-753 Date of Judgment/Order 07/31/2012 Relief sought on appeal Type of Case Administrative Proceeding

Affirm Commission's final determination finding no violation of Section 337

Relief awarded below (if damages, specify)
No relief due to no violation of Section 337

Briefly describe the judgment/order appealed from
ALJ issued an ID on March 2, 2012, and the Commission issued a FD on July 25, 2012 along with Commission Opinion on July 31, 2012. In the Determinations and the Opinion, with respect to U.S. Patent Nos. 6,740,405; 6,591,353; 7,287,109; 7.602,857; 7,715,494, the ALJ and Commission correctly construed various terms in certain claims, correctly held certain claims invalid, and correctly held that Rambus had no domestic industry. With respect to U.S. Patent Nos. 6,740,405; 6,591,353; 7,287,109, the ALJ and Commission correctly held that the patent are unenforceable. With respect to U.S. Patent Nos. 7.602,857 and 7,715,494, the ALJ and Commission correctly found non-infringement of certain claims.

153

Case: 12-1677
Form 26

Document: 78

Page: 2

Filed: 01/02/2013

FORM 26. Docketing Statement (continued)

Nature of judgment (select one) □ Final Judgment, 28 USC 1295 ✔ □ Rule 54(b) □ Interlocutory Order (specify type) □ Other (explain; see Fed. Cir. R. 28(a)(5))

Name and docket number of any related cases pending before this court plus the name of the writing judge if an opinion was issued
Rambus Inc. v. LSI Corporation, Case No. 3:10-cv-05446-RS (N.D. Cal.); Rambus Inc. v. STMicroelectronics N.V. and STMicroelectronics Inc.; Case No. 3:10-cv-05449-RS (N.D. Cal.); Rambus Inc. v. David J. Kappos, Director, United States Patent and Trademark Office, Case No. 2012-1480 (Fed. Cir.)

Brief statement of the issues to be raised on appeal
HGST Inc. will defend the Commission's Final Determination and provide additional grounds supporting the Commission's finding of no violation.

Have there been discussions with other parties relating to settlement of this case? □ Yes ✔ If “yes,” when were the last such discussions? □ Before the case was filed below? □ During the pendency of the case below? □ Following the judgment/order appealed from? ✔ If “yes,” were the settlement discussions mediated? If they were mediated, by whom?
The Honorable William Cahill

□ No

□ Yes ✔

□ No

154

Case: 12-1677

Document: 78

Page: 3

Filed: 01/02/2013
Form 26

FORM 26. Docketing Statement (continued)

Do you believe that this case may be amenable to mediation? If you answered no, explain why not

□ Yes ✔

□ No

Provide any other information relevant to the inclusion of this case in the court’s mediation program.

I certify that I filed an original and one copy of this Docketing Statement with the Clerk of the United States Court of Appeals for the Federal Circuit and served a copy on counsel of record, this 2d day of January , 2013 by: CM/ECF (manner of service)
Alexander A. Hadjis s/ Alexander A. Hadjis

Name of Counsel Law Firm Morrison & Foerster LLP Address 2000 Pennsylvania Avenue NW, Suite 6000 City, State, ZIP Washington, DC 20006 Telephone Number (202) 887-1500 FAX Number (202) 887-1888 E-mail Address AHadjis@mofo.com

Signature of Counsel

155

Case: 12-1677

Document: 78

Page: 4

Filed: 01/02/2013

CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Federal Circuit by using the appellate CM/ECF system on January 2, 2013. I further certify that counsel of record are registered CM/ECF users and will be served by the appellate CM/ECF system. The following counsel are not CM/ECF users and will be served by email: Paul F. Brinkman Quinn Emanuel Urquhart & Sullivan, LLP 6th Floor 1101 Pennsylvania Avenue, N.W. Washington, DC 20004 paulbrinkman@quinnemanuel.com Sarah E. Hamblin Adduci, Mastriani & Schaumberg, LLP 1200 17th Street, NW 5th Floor Washington, DC 20036 hamblin@adduci.com Daniel F. Smith Adduci, Mastriani & Schaumberg, LLP 1133 Connecticut Avenue, N.W. Twelfth Floor Washington, DC 20036 dsmith@adduci.com Ruffin B. Cordell Fish & Richardson, P.C. 1425 K Street, N.W. Washington, DC 20005-3500 cordell@fr.com

Victoria F. Maroulis Quinn Emanuel Urquhart & Sullivan, LLP 555 Twin Dolphin Drive Redwood Shores, CA 94065 victoriamaroulis@quinnemanuel.com John M. Whealan 4613 Merivale Road Chevy Chase, MD 20815 jwhealan@law.gwu.edu

Dated: January 2, 2013

/s/ Alexander A. Hadjis

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