Case3:08-cv-03343-SI Document273

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I. NEEL CHATTERJEE (SBN 173985) nchatterjee@orrick.com VICKIE L. FEEMAN (SBN 177487) vfeeman@orrick.com 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 JESSICA S. PERS (SBN 77740) jpers@orrick.com CATHERINE KROW (SBN 208412 ) ckrow@orrick.com JUSTIN M. LICHTERMAN (SBN 225734) jlichterman@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: 415-773-5700 Facsimile: 415-773-5759 Attorneys for Defendant and Cross-Complainant NVIDIA CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RAMBUS INC., Plaintiff, v. NVIDIA CORPORATION, Defendant. Case No. 3:08-cv-03343-SI STIPULATION PURSUANT TO CIVIL L.R. 7-12 AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIA CORPORATIONS OBJECTION TO ORDER OF THE SPECIAL MASTER

NVIDIA CORPORATION, Cross-Complainant, v. RAMBUS INC., Cross-Defendant.

STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIAS OBJECTIONS TO ORDER OF SP. MSTR CASE NO. C-08-03343 SI

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THE PARTIES, BY AND THROUGH THEIR COUNSEL, STIPULATE AS FOLLOWS: NVIDIA Corporation and Rambus Inc., by and through their counsel of record, hereby stipulate, pursuant to Civil L.R. 7-12, the Courts Standing Order, and the Amended Protective Order (Dkt. No. 181), to file under seal: (1) NVIDIA Corporations Objection to Order of the Special Master Denying NVIDIAs Request for Clarification of the October 31, 2011 Order (Objection); and (2) Exhibits 1, 3, and 5-8 from the Declaration of Vickie Feeman in Support Thereof (the Feeman Decl.), pursuant to Civil L.R. 79-5(d). Pursuant to Section 11 of the Amended Protective Order, NVIDIA seeks to file under seal certain materials that have been designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY, by one or more of the parties. NVIDIA has requested, and Rambus does not oppose, NVIDIAs filing under seal its Objection and Exhibits 1, 3, and 5-8 from the Feeman Decl. that reference and discuss (1) Rambuss Disclosure of Asserted Claims and Infringement Contentions; (2) Rambuss Amended Disclosure of Asserted Claims and Infringement Contentions; and/or (3) Defendant NVIDIA Corporations First Supplemental Response and Objections to Plaintiff Rambus Incs First Set of Interrogatories. By entering into this stipulation, neither party is waiving any of its rights, including any right it has to challenge the other partys or a third partys confidentiality designations made pursuant to the Amended Protective Order or any substantive issues raised in the moving or opposition papers. THEREFORE, IT IS HEREBY STIPULATED by and between NVIDIA and Rambus, through their respective counsel, that NVIDIA may file such materials under seal pursuant to Civil L.R. 79-5(d).

STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIAS OBJECTIONS TO ORDER OF SP. MSTR CASE NO. C-08-03343 SI

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IT IS SO STIPULATED. Dated: December 5, 2011 ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ I. Neel Chatterjee I. NEEL CHATTERJEE Attorneys for Defendant and Cross-Complainant NVIDIA CORPORATION Dated: December 5, 2011 MCKOOL SMITH P.C.

/s/ Pierre Hubert PIERRE HUBERT Attorneys for Plaintiff RAMBUS, INC.

STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIAS OBJECTIONS TO ORDER OF SP. MSTR CASE NO. C-08-03343 SI

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: ___________________

ORDER IT IS HEREBY ORDERED, pursuant to the parties stipulation, that leave is GRANTED for the following materials to be filed under seal: (1) NVIDIA Corporations Objection to Orders of the Special Master Denying NVIDIAs Motion to Compel Further Amended Disclosures in Compliance with Patent L.R. 3-1(c) and for Stay and Denying NVIDIAs Request for Clarification of the October 31, 2011 Order; and (2) Exhibits A-D from the Feeman Decl. PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Honorable Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIAS OBJECTIONS TO ORDER OF SP. MSTR CASE NO. C-08-03343 SI

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FILERS ATTESTATION Pursuant to General Order No. 45, X(B), I hereby attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatory. Dated: December 5, 2011 /s/ I. Neel Chatterjee I. Neel Chatterjee

STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIAS OBJECTIONS TO ORDER OF SP. MSTR CASE NO. C-08-03343 SI

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CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on December 5, 2011. Dated: December 5, 2011. /s/ Marilyn Ortiz Marilyn Ortiz

STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL NVIDIAS OBJECTIONS TO ORDER OF SP. MSTR CASE NO. C-08-03343 SI