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Case: 14-1064

Document: 20

Page: 1

Filed: 02/18/2014

2014-1064 (Reexamination Nos. 95/001,109 & 95/001,155) ____________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT _____________________

IN RE RAMBUS INC. _________________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Reexamination Nos. 95/001,109 & 95/001,155 _________________________ RAMBUS INC.’S UNOPPOSED SECOND MOTION FOR AN ENLARGEMENT OF TIME TO FILE PRINCIPAL BRIEF ________________________

Appellant Rambus Inc. respectfully moves this Court for an enlargement of time of thirty-one (31) days, or up to and including Monday, April 7, 2014, for Rambus to file its principal brief. Rambus’s principal brief is currently due on March 7, 2014. No appellee is currently a party to this appeal, so the request is unopposed. The Court permitted the original appellee, Micron Technology, Inc., to withdraw from this appeal on February 6, 2014. That same day, the Court ordered the United States Patent & Trademark Office (“USPTO”) to inform the Court whether

Case: 14-1064

Document: 20

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it wishes to intervene. Rambus understands that the USPTO is still deciding whether to intervene, and its deadline to decide is March 8 —one day after Rambus’s principal brief is currently due. Should the USPTO wish to intervene, Rambus believes that the parties may be able to streamline this appeal or reach an alternative resolution in light of other decisions of this Court. The parties were able to do so in related Appeal No. 20131597, where the Court granted the parties’ joint motion for remand. While there is no guarantee the parties will reach an agreement in this appeal, granting the extension will allow time for the parties to discuss alternative options after the USPTO decides whether to intervene. Therefore, good cause exists to grant the extension. This motion is made in good faith by counsel and not for the purpose of delay or other procedural advantage. The Court previously granted Rambus a 60day extension of time for filing its principal brief. A declaration supporting these facts accompanies this motion. A proposed order granting the relief requested in this motion is attached.

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Case: 14-1064

Document: 20

Page: 3

Filed: 02/18/2014

Dated: February 14, 2014

Respectfully submitted, /s/ Jason E. Stach J. Michael Jakes Jason E. Stach Aidan C. Skoyles Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, DC20001 Telephone: (202) 408-4000 Attorneys for Appellant Rambus, Inc.

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Case: 14-1064

Document: 20

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Filed: 02/18/2014

2014-1064 (Reexamination Nos. 95/001,109 & 95/001,155) ____________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT _____________________

IN RE RAMBUS INC. _________________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Reexamination Nos. 95/001,109 & 95/001,155 _________________________ DECLARATION OF JASON E. STACH 1. I submit this declaration in accordance with Federal Circuit Rule 26(b)(5) and in support of Rambus Inc.’s (“Rambus’s”) motion for a 31-day extension of time for filing its principal brief. 2. I am an attorney with Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, which represents Rambus in this appeal. I am the attorney responsible for supervising and preparing Rambus’s briefs in this appeal. 3. This motion is made in good faith and not for the purpose of delay or other procedural advantage. 4. The requested 31-day extension of time is needed to allow adequate time for the USPTO to decide whether to intervene, and if it does, for Rambus to confer

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with the USPTO regarding streamlining this appeal or reaching an alternative resolution in light of other decisions of this Court. This additional time is also needed in part because of other pending appeals in this Court and other matters for which I am responsible. 5. This is Rambus’s second request for additional time to file its principal brief. The Court previously granted a 60-day extension of time. 6. There is currently no other party to this appeal, so the request is unopposed. 7. In accordance with 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed on: February 14, 2014

By:

/s/ Jason E. Stach Jason E. Stach

Case: 14-1064

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UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT IN RE RAMBUS INC. Appeal No. 2014-1064 (Reexamination Nos. 95/001,109 & 95/001,155) CERTIFICATE OF INTEREST Pursuant to Federal Circuit Rules 26.1 and 47.4, counsel for Appellant Rambus Inc. certify the following: 1. The full name of every party or amicus represented by us is: Rambus Inc. 2. The name of the real party in interest (if the party named in the caption is not the real party in interest) represented by us is: Rambus Inc. 3. All parent corporations and any publicly held companies that own 10 percent or more of the stock of any party represented by us are: None 4. The names of all law firms and the partners or associates that appeared for the parties now represented by us in the trial court or are expected to appear in this court are: J. Michael Jakes, Kathleen Daley, Naveen Modi, Jason E. Stach, Aidan C. Skoyles FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP

Case: 14-1064

Document: 20

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Filed: 02/18/2014

2014-1064 (Reexamination Nos. 95/001,109 & 95/001,155) ____________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT _____________________

IN RE RAMBUS INC. _________________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Reexamination Nos. 95/001,109 & 95/001,155 _________________________ ORDER _________________________ UPON CONSIDERATION of the Unopposed Second Motion for an Enlargement of Time filed by Rambus Inc., and finding good cause shown, it is ORDERED that: The Motion is GRANTED. The time for filing Appellant’s principal brief shall be extended thirty-one (31) days, up to and including April 7, 2014. FOR THE COURT:

Date: _________________

_______________________________

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CERTIFICATE OF SERVICE I hereby certify that a courtesy copy of the foregoing RAMBUS INC.’S UNOPPOSED SECOND MOTION
FOR AN

ENLARGEMENT

OF

TIME

TO

FILE

PRINCIPAL BRIEF was served upon counsel for the USPTO by electronic means on this 14th day of February, 2014. Scott C. Weidenfeller scott.weidenfeller@uspto.gov Senior Counsel for Patent Law & Litigation Stacy B. Margolies stacy.margolies@uspto.gov Associate Solicitor Office of the Solicitor U.S. Patent and Trademark Office Mail Stop 8 P.O. Box 1450 Alexandria, Virginia 22313 (571) 272-9035

/s/ Jason E. Stach Jason E. Stach

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