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Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 1 of 9

1 Attorneys Listed On Signature Page


2

8 IN THE UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

10 RAMBUS INC., Case No. C 05-00334 RMW


11 Plaintiff, MICRON’S REVISED WITNESS
12 v. LIST FOR JANUARY 19, 2009
TRIAL
13 HYNIX SEMICONDUCTOR INC., HYNIX
SEMICONDUCTOR AMERICA INC., HYNIX Date: January 19, 2009
14 SEMICONDUCTOR MANUFACTURING Courtroom: 6
AMERICA INC., Judge: Hon. Ronald M. Whyte
15

16 SAMSUNG ELECTRONICS CO., LTD.,


SAMSUNG ELECTRONICS AMERICA, INC.,
17 SAMSUNG SEMICONDUCTOR, INC.,
SAMSUNG AUSTIN SEMICONDUCTOR,
18 L.P.,
19
NANYA TECHNOLOGY CORPORATION,
20 NANYA TECHNOLOGY CORPORATION U.S.A.,

21 Defendants.
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CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 2 of 9

1 RAMBUS INC., Case No. C 05-02298 RMW


2 Plaintiff,
3 v.

4 SAMSUNG ELECTRONICS CO., LTD.,


SAMSUNG ELECTRONICS AMERICA, INC.,
5 SAMSUNG SEMICONDUCTOR, INC.,
SAMSUNG AUSTIN SEMICONDUCTOR,
6
L.P.,
7
Defendants.
8 Case No. C 06-00244 RMW
RAMBUS INC.,
9
Plaintiff,
10
v.
11
MICRON TECHNOLOGY, INC. and MICRON
12 SEMICONDUCTOR PRODUCTS, INC.,
13 Defendants.
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CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 3 of 9

Pretrial Statement, Section F


1 Micron’s Witness List
2 Case No. 06-00244-RMW

3
Pursuant to the Court’s Standing Order Re: Pretrial Preparation, Micron submits
4
this list of witnesses it expects to call live, or may call live to testify in its case in chief during the
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January 2009 Patent Trial in the above captioned case. This list does not include: (1) witnesses
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listed on the Joint Manufacturers’ Witness List, (2) rebuttal witnesses, (3) witnesses to be called
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during any trial on willfulness, or (4) witnesses that will be called only by playing or reading
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prior sworn testimony. The following witness list was drafted based on Micron’s current
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expectations, and Micron reserves the right to call or not to call any of these witnesses based on
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Rambus’s witness list, time allocations, resolution of pretrial motions, or other change of
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circumstance. Micron expressly reserves the right to play testimony from any listed witness that
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is unavailable pursuant to Federal Rule of Civil Procedure 32(a)(4). Micron also reserves the
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right to use prior testimony in addition to or as an alternative to live testimony, including any
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Rambus admissions, consistent with Federal Rule of Civil Procedure 32 and any other applicable
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Federal Rule of Civil Procedure or Federal Rule of Evidence.
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CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 1 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 4 of 9

1 Liability Trial Witnesses

2 Intend to Call May Call


Brian Shirley Steve Appleton
3
Eugene Cloud
4 Terry Lee
David Westergard
5 Brett Williams
6
Damages Trial Witnesses (including Micron’s license defense)
7
Intend to Call May Call
8 John Danforth Steve Appleton
Paul Michael Farmwald Eugene Cloud
9
Mike Fitzpatrick Kevin Koskella
10 Mark Heil Terry Lee
Edwin Hudson David Westergard
11 Joseph McAlexander
Chris Morzano
12 John P. Moussouris
13 John Paschke
Dr. Stephen Prowse
14 Todd Romano
Brian Shirley
15 Neil Steinberg
Geoffrey Tate
16 Barry Weinert
17

18 Live Testimony Descriptions

19 Expert Witnesses

20
Joseph McAlexander – In addition to subjects discussed during his previous
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testimony in Rambus-related matters, Mr. McAlexander is expected to testify as to the invalidity
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of Rambus’s patent claims, prior art, the state of the art, alternatives to the accused features and
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their relative utility, the nature of Rambus’s inventions, the materiality of prior art references that
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were withheld from the Patent Office, and other matters disclosed by Mr. McAlexander during
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expert discovery, in his Supplemental Expert Report, and in his Second Supplemental Expert
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Report. Mr. McAlexander also will rebut Mr. Murphy’s Validity Report and Supplemental
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CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 5 of 9

1 Validity Report (to the extent Mr. Murphy is allowed to testify concerning his Supplemental

2 Validity Report).

3 Dr. Stephen Prowse – Dr. Prowse is expected to testify as to Rambus’s damages

4 claims, matters relating to the Georgia-Pacific factors, the value, if any, of the claimed inventions

5 as compared to the prior art, the amount of a reasonable royalty that would have resulted from a

6 hypothetical negotiation between Micron and Rambus, the impact of royalty payments on

7 Micron’s business, the impact of exhaustion on alleged damages, and other matters disclosed by

8 Dr. Prowse during expert discovery. Dr. Prowse also will rebut David Teece’s Opening Report

9 and Supplemental Report (to the extent the Court allows testimony from Mr. Teece about his

10 Supplemental Report).

11 Fact Witnesses

12 Steve Appleton – In addition to subjects discussed during his previous testimony

13 in Rambus-related matters, Mr. Appleton may testify as to licensing discussions with Rambus,

14 Micron’s financial performance, the impact of royalty payments on Micron’s business, Micron’s

15 licensing and licensing practices, patent exhaustion, and the impact of patent exhaustion on

16 alleged damages.

17 Eugene Cloud – In addition to subjects discussed during his previous testimony in

18 Rambus-related matters, Mr. Cloud may testify as to damages issues and secondary

19 considerations of obviousness.

20 John Danforth – In addition to subjects discussed during his previous testimony in

21 Rambus-related matters, Mr. Danforth is expected to testify as to Rambus’s business, Rambus’s

22 licensing practices and agreements and Rambus’s license negotiations, the determination of

23 royalty rates, the fees and royalties Rambus has received under its license agreements, and the

24 DRAM industry.

25 Paul Michael Farmwald – In addition to subjects discussed during his previous

26 testimony in Rambus-related matters, Mr. Farmwald is expected to testify as to his assignment

27 obligation to MIPS, his work at Faster Than Light (“FTL”), MIPS, and the University of Illinois,

28 the R6000 and related projects at MIPS, including their confidentiality, Rambus’s founding,

CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 6 of 9

1 Rambus’s general business background, Rambus’s business plans, Rambus’s alleged inventions

2 and technology, what he regarded as Rambus’s inventions, drafting and filing of the original

3 patent application, Rambus’s strategy of filing patents to cover industry standards, dissemination

4 of information regarding Rambus’s technology, RDRAM licenses, the performance of RDRAM,

5 secondary considerations of obviousness, prior art, including SCI, knowledge of prior art, and

6 disclosure of prior art to the Patent Office.

7 Mike Fitzpatrick – In addition to subjects discussed during his previous testimony

8 in Rambus-related matters, Mr. Fitzpatrick is expected to testify as to Micron’s records and

9 Micron’s sales documents and testing, manufacture, assembly, and sale of Micron products.

10 Mark Heil – In addition to subjects discussed during his previous testimony in

11 Rambus-related matters, Mr. Heil may testify as to Micron’s internal and public accounting

12 practices.

13 Edwin Hudson – In addition to subjects discussed during his previous testimony in

14 Rambus-related matters, Mr. Hudson is expected to testify as to MIPS and its business, products,

15 and technology, his work at MIPS, Dr. Farmwald’s and Dr. Horowitz’s work at MIPS, employee

16 obligations to assign inventions to MIPS, and prior art.

17 Kevin Koskella – In addition to subjects discussed during his previous testimony

18 in Rambus-related matters, Mr. Koskella may testify as to Micron’s engineering and

19 manufacturing records.

20 Terry Lee – In addition to subjects discussed during his previous testimony in

21 Rambus-related matters, Mr. Lee may testify as to Micron’s DRAMs, compliance with JEDEC

22 standards, alternatives to the accused features, patent exhaustion, the impact of patent exhaustion

23 on alleged damages, first public demonstration of Micron’s DDR2 products, and damages.

24 Chris Morzano – In addition to subjects discussed during his previous testimony in

25 Rambus-related matters, Mr. Morzano is expected to testify as to Micron’s design and

26 development of DDR2 parts and Micron’s first DDR2 parts.

27 John P. Moussouris – In addition to subjects discussed during his previous

28 testimony in Rambus-related matters, Dr. Moussouris is expected to testify as to prior art,

CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 7 of 9

1 including SCI prior art, publications, and presentations, his work and publications related to

2 memory interfaces on DRAMs, his work and that of others at MIPS and MicroUnity, MIPS’s and

3 MicroUnity’s business, technology, products, and development projects, the R6000 and related

4 projects, the confidentiality of the R6000 and related projects, and employee obligations to assign

5 ideas and inventions to MIPS.

6 John Paschke – In addition to subjects discussed during his previous testimony in

7 Rambus-related matters, Mr. Paschke is expected to testify as to Micron’s license and standing

8 defenses and Micron’s license from SGI.

9 Todd Romano – In addition to subjects discussed during his previous testimony in

10 Rambus-related matters, Mr. Romano is expected to testify as to Micron’s sales of the accused

11 products and Micron’s sales documents.

12 Brian Shirley – In addition to subjects discussed during his previous testimony in

13 Rambus-related matters, Mr. Shirley is expected to testify regarding Micron and its corporate

14 background, Micron’s DRAM business, Micron’s DRAMs, the JEDEC standards, including

15 compliance with JEDEC standards, the interface between Micron’s DRAMs and chipsets and

16 controllers, Micron’s financial performance, and the impact of royalty payments on Micron’s

17 business, including the steps Micron likely would have taken had it been required to pay

18 significant royalties to Rambus.

19 Neil Steinberg – In addition to subjects discussed during his previous testimony in

20 Rambus-related matters, Mr. Steinberg is expected to testify as to Rambus’s business, Rambus’s

21 licensing practices and agreements, Rambus’s licensing negotiations, the determination of royalty

22 rates, the fees and royalties Rambus has received under its license agreements, prosecution of

23 Rambus’s patents, efforts to amend Rambus’s patents to cover JEDEC standards, prior art,

24 knowledge of prior art, disclosure of prior art to the Patent Office, and Mr. Steinberg’s

25 relationship with Samsung.

26 Geoffrey Tate – In addition to subjects discussed during his previous testimony in

27 Rambus-related matters, Mr. Tate is expected to testify as to Rambus’s understanding of its

28 inventions, Rambus’s strategy and efforts to obtain patents on industry standards, Rambus’s

CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 8 of 9

1 business plans, Rambus’s business, Rambus’s licensing practices, licenses and agreements,

2 license negotiations, the determination of royalty rates, the fees and royalties Rambus has

3 received under its license agreements, the DRAM market and industry, auto precharge, the value

4 of Rambus’s alleged inventions prior art, knowledge of prior art, and disclosure of prior art to the

5 Patent Office.

6 Barry Weinert – In addition to subjects discussed during his previous testimony in

7 this matter, Mr. Weinert is expected to testify as to SGI’s ownership of the Farmwald-Horowitz

8 patents and Micron’s patent license from SGI for those patents.

9 David Westergard – In addition to subjects discussed during his previous

10 testimony in Rambus-related matters, Mr. Westergard may testify as to Micron’s licenses and

11 licensing practices.

12 Brett Williams – In addition to subjects discussed during his previous testimony in

13 Rambus-related matters, Mr. Williams may testify as to secondary considerations of obviousness,

14 including Micron’s evaluation of RDRAM in the early 1990s.

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Dated: January 9, 2009
19 WEIL, GOTSHAL & MANGES, LLP
20
By: /s/
21 John D. Beynon (Bar No. 233581)
Email: john.beynon@weil.com
22
JARED BOBROW (Bar No. 133712)
23 Email: jared.bobrow@weil.com
SVEN RAZ (Bar No. 222262)
24 Email: sven.raz@weil.com
JOHN D. BEYNON (Bar No. 233581)
25 Email: john.beynon@weil.com
WEIL GOTSHAL & MANGES LLP
26 201 Redwood Shores Parkway
Redwood Shores, CA 94065
27 Telephone: (650) 802-3034
Facsimile: (650) 802-3100
28

CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW
Case 5:05-cv-00334-RMW Document 3043 Filed 01/09/2009 Page 9 of 9

ELIZABETH STOTLAND WEISWASSER


1 Email: elizabeth.weiswasser@weil.com
DAVID LENDER
2 Email: david.lender@weil.com
WEIL, GOTSHAL & MANGES LLP
3 New York Office
767 Fifth Avenue
4 New York, NY 10153
Telephone: (212) 310-8000
5
WILLIAM C. PRICE (Bar No. 108542)
6 Email: william.price@quinnemanuel.com
HAROLD A. BARZA (Bar No. 80888)
7 Email: halbarza@quinnemanuel.com
JON R. STEIGER (Bar No. 229814)
8 Email: jonsteiger@quinnemanuel.com
ROBERT J. BECHER (Bar No. 193431)
9 Email: robertbecher@quinnemanuel.com
10 QUINN EMANUEL URQUHART OLIVER &
HEDGES, LLP
11 865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017
12 Telephone: (213) 443-3000
Facsimile: (213) 443-3100
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CASE NOS. 06-00244-RMW; 05-00334-RMW;


MICRON’S REVISED WITNESS LIST 05-02298-RMW