Case 5:05-cv-00334-RMW Document 2249 Filed 09/22/2008 Page 1 of 3

1 GREGORY P. STONE (#78329)

KEITH HAMILTON (#252115)
2 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
3 Los Angeles, CA 90071-1560
Telephone: (213) 683-9100
4 Facsimile: (213) 687-3702
E-mail: gregory.stone@mto.com;
5 keith.hamilton@mto.com
6 BURTON A. GROSS (#166285)
CAROLYN HOECKER LUEDTKE (#207976)
7 MIRIAM KIM (#238230)
MUNGER, TOLLES & OLSON LLP
8 560 Mission Street, 27th Floor
San Francisco, CA 94105-2907
9 Telephone: (415) 512-4000
Facsimile: (415) 512-4077
10 E-mail: burton.gross@mto.com;
carolyn.luedtke@mto.com;
11 miriam.kim@mto.com
12
Attorneys for Plaintiff RAMBUS INC.
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
15

16 RAMBUS INC., CASE NO.: C 05-00334 RMW

17 Plaintiff, RAMBUS INC.’S OBJECTION TO
CERTAIN WITNESS AND EXHIBIT
18 vs. DISCLOSURES FOR SEPTEMBER 24,
2008
19 HYNIX SEMICONDUCTOR INC., et al.,
20 Defendant.
Trial Date: September 22, 2008
21 Courtroom: 6
Judge: Hon. Ronald M. Whyte
22
RAMBUS INC., CASE NO.: C 05-02298 RMW
23
Plaintiff,
24
vs.
25
SAMSUNG ELECTRONICS CO., LTD.,
26 et al.,
27 Defendant.
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RAMBUS INC.’S OBJECTION TO CERTAIN WITNESS
AND EXHIBIT DISCLOSURES FOR SEPT. 24, 2008;
5978437.2 CASE NOS. 05-00334 RMW; 05-02298 RMW
 Case 5:05-cv-00334-RMW Document 2249 Filed 09/22/2008 Page 2 of 3

1 On Monday morning, September 22, 2008, Samsung disclosed that it intends to

2 call Joel Karp and Jared Smith on Wednesday, September 24, 2008. Samsung also disclosed
3 certain exhibits to be used on direct examination with each of these witnesses. Rambus wishes to
4 bring to the Court’s attention certain objections related to Samsung’s trial disclosures for
5 September 24, 2008. Specifically, Rambus asks for an order precluding Samsung (1) from calling
6 Mr. Karp and Mr. Smith due to a failure to include these two witnesses on Samsung’s September
7 15, 2008 witness list, and (2) from using Exhibits 4397 and 4406 with Mr. Karp if he is allowed
8 to testify because these exhibits are outside the scope of the topic for which Mr. Karp was
9 disclosed.
10 First, for the reasons set forth in Carolyn Luedtke’s letter to the Court filed on
11 September 19, 2008, Rambus objects to Samsung’s belated effort to add Joel Karp and Jared
12 Smith to its trial witness list. Joel Karp was not listed on Samsung’s September 15, 2008 witness
13 list at all, and Jared Smith was listed only as a “may call” witness on that list. See Samsung’s
14 Corrected Witness List, Case No. 05-00334 RMW, Docket No. 2198-2. At the September 16,
15 2008 Pretrial Conference, the Court instructed, and Samsung agreed, that Samsung should be
16 limited to its “will call” witness list, which did not include Mr. Karp and Mr. Smith. See 9/16/08
17 Transcript at 12-13. Therefore, Rambus respectfully requests that Mr. Karp and Mr. Smith be
18 precluded from testifying at trial.
19 Second, if the Court allows Samsung to call Mr. Karp, Rambus objects to the use
20 of Exhibits 4397 and 4406 as outside the scope of the topic for which Mr. Karp was disclosed in
21 Samsung’s September 18 amended witness list. See Samsung’s Witness List, Case No. 05-00334
22 RMW, Docket No. 2225-2. Samsung’s September 18 amended witness list disclosed Mr. Karp as
23 “an adverse witness regarding the documents he produced per the Court’s May 7, 2008 Order.”
24 Id. The Court’s May 7, 2008 order was an order enforcing a subpoena served on Mr. Karp in his
25 personal capacity. Exhibits 4397 and 4406 were not produced pursuant to that Order -- indeed,
26 both had been produced before that order ever issued. Specifically, Exhibit 4397 is a copy of an
27 email entitled “Enforcement Scenario for 1999” that was produced by Rambus and admitted in
28 the 2005 Hynix unclean hands trial. Exhibit 4406 is a document related to Semiconductor
RAMBUS INC.’S OBJECTION TO CERTAIN WITNESS
-1- AND EXHIBIT DISCLOSURES FOR SEPT. 24, 2008;
5978437.2 CASE NOS. 05-00334 RMW; 05-02298 RMW
 Case 5:05-cv-00334-RMW Document 2249 Filed 09/22/2008 Page 3 of 3

1 Insights from 1998. This was a trial exhibit at the November 2007 Micron unclean hands trial in
2 Delaware and the subject of Mr. Karp’s November 9, 2007 testimony there. Rambus respectfully
3 requests that if Samsung is allowed to call Mr. Karp, that his testimony should be limited to
4 testimony “regarding the documents he produced per the Court’s May 7, 2008 Order,” and
5 therefore that Samsung should be precluded from questioning Mr. Karp on Exhibits 4397 and
6 4406, which were not produced per the Court’s May 7, 2008 Order.
7
DATED: September 22, 2008 MUNGER, TOLLES & OLSON LLP
8

10
By: /s/ Carolyn Hoecker Luedtke
11 Carolyn Hoecker Luedtke
12 Attorneys for Plaintiff RAMBUS INC.
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RAMBUS INC.’S OBJECTION TO CERTAIN WITNESS
-2- AND EXHIBIT DISCLOSURES FOR SEPT. 24, 2008;
5978437.2 CASE NOS. 05-00334 RMW; 05-02298 RMW