Case: 13-1087

Document: 55

Page: 1

Filed: 01/16/2014

2013-1224 (Reexamination Nos. 95/001,106 & 95/001,131) 2013-1228 (Reexamination Nos. 95/000,107 & 95/001,132) 2013-1087 (Reexamination Nos. 95/001,108 & 95/001,154) 2013-1339 (Reexamination Nos. 95/000,178 & 95/001,152) ____________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT _____________________

RAMBUS, INC., Appellant, v. MICRON TECHNOLOGY, INC., Appellee. _________________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. _________________________

STATUS REPORT

Appellant Rambus Inc. (Rambus) respectfully submits this status report in accordance with the Courts Order of December 17, 2013. 1

Counsel for Micron has reviewed this report and has indicated that Micron has no substantive comments to add to it.

Case: 13-1087

Document: 55

Page: 2

Filed: 01/16/2014

Oral argument was originally scheduled in these consolidated appeals on January 8, 2014.2 On December 16, 2013, the parties jointly moved to postpone the oral argument in light of the parties pending settlement. On December 17, 2013, the Court granted that motion and stayed the appeals, and further ordered the parties to file a status report every 30 days concerning the status of the settlement negotiations. Rambus hereby reports that Rambus and Micron Technology Inc. (Micron) have settled all litigations between them, including the present appeals. Pursuant to that settlement agreement, Micron filed unopposed motions on January 6, 2013, to withdraw as appellee from the present appeals, and those motions are still pending before the Court. Appellant Rambus does not intend to withdraw these appeals, however, because it still seeks review of the Boards decisions, which held that certain claims of Rambuss patents are invalid. Rambuss right to appeal these decisions is not affected by Microns withdrawal as appellee. Counsel for Rambus contacted counsel for the U.S. Patent & Trademark Office (PTO) on or about December 13, 2013, and informed the PTO about the pending settlement between Rambus and Micron and inquired as to whether the PTO would seek to intervene in these appeals. As of January 14, 2014, the PTO indicated that it is still evaluating the issue. Appeal Nos. 2013-1087 and 2013-1339 were consolidated for purposes of oral argument, and Appeal Nos. 2013-1224 and 2013-1228 were consolidated for purposes of oral argument.
2

Case: 13-1087

Document: 55

Page: 3

Filed: 01/16/2014

In summary, the status of the present appeals is as follows. Rambus and Micron have settled all litigations between them. Micron has moved to withdraw as appellee from these appeals, which Rambus does not oppose. Rambus intends to maintain the appeals in order to obtain judicial review of the Boards decisions, which were adverse to Rambus. And the PTO is still evaluating whether it intends to intervene.

Dated: January 16, 2014

Respectfully submitted, /s/ James R. Barney James R. Barney Aidan C. Skoyles Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Avenue, NW Washington, DC 20001 Telephone: (202) 408-4000

Case: 13-1087

Document: 55

Page: 4

Filed: 01/16/2014

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing STATUS REPORT were served upon registered counsel by operation of the Courts CM/ECF system on this 16th day of January, 2014. Henry A. Petri, Jr. Novak Druce Connolly Bove + Quigg, LLP 1875 Eye Street, NW, 11th Floor Washington, DC 20001 henry.petri@novakdruce.com

/s/ Kay Wylie