Case 5:05-cv-00334-RMW Document 2312 Filed 09/29/2008 Page 1 of 3

1 ROBERT E. FREITAS (STATE BAR NO. 80948)

CRAIG R. KAUFMAN (STATE BAR NO. 159458)
2 VICKIE L. FEEMAN (STATE BAR NO. 177487)
THERESA E. NORTON (STATE BAR NO. 193530)
3 JACOB M. HEATH (STATE BAR NO. 238959)
ORRICK, HERRINGTON & SUTCLIFFE LLP
4 1000 Marsh Road
Menlo Park, CA 94025
5 Telephone: 650-614-7400
Facsimile: 650-614-7401
6
Attorneys for Defendants and Counterclaim Plaintiffs
7 NANYA TECHNOLOGY CORPORATION and
NANYA TECHNOLOGY CORPORATION U.S.A.
8

9 UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA

11 SAN JOSE DIVISION

12 RAMBUS INC., Case No. CV-05-00334 RMW

13 Plaintiff, DECLARATION OF JACOB M.
HEATH IN SUPPORT OF NANYA
14 v. TECHNOLOGY CORPORATION
AND NANYA TECHNOLOGY
15 HYNIX SEMICONDUCTOR INC., HYNIX CORPORATION USA’S REPLY TO
SEMICONDUCTOR AMERICA, INC., RAMBUS’ OPPOSITION TO THE
16 HYNIX SEMICONDUCTOR MOTION RE-OPEN DISCOVERY AS
MANUFACTURING AMERICA INC., TO CERTAIN DEPOSITIONS
17
SAMSUNG ELECTRONICS CO., LTD., Date: October 1, 2008
18 SAMSUNG ELECTRONICS AMERICA, Time: 8:30 a.m.
INC., SAMSUNG SEMICONDUCTOR, Location: Telephonic Hearing
19 INC., SAMSUNG AUSTIN Judge: Hon. Read A. Ambler (Ret.)
SEMICONDUCTOR, L.P.,
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NANYA TECHNOLOGY CORPORATION,
21 NANYA TECHNOLOGY CORPORATION
U.S.A.,
22
Defendants.
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AND RELATED ACTIONS.
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HEATH DECLARATION RE NANYA’S
REPLY RE MOTION TO RE-OPEN DISCOVERY
CASE NO. C05-00334 RMW
 Case 5:05-cv-00334-RMW Document 2312 Filed 09/29/2008 Page 2 of 3

1 I, Jacob M. Heath declare as follows:

2 1. I am an attorney the law firm of Orrick, Herrington & Sutcliffe LLP, counsel of
3 record for defendants and counterclaim plaintiffs Nanya Technology Corporation (“Nanya”)
4 and Nanya Technology Corporation USA (“Nanya USA”). I have personal knowledge of the
5 following facts and if called as a witness I could and would testify competently to them.
6 2. In May of 2008, I began to work on a project to identify, locate, and contact
7 individuals who could potentially rebut Rambus’ claims that the JEDEC member companies
8 stole Rambus technology. After reviewing JEDEC meeting minutes from the 1980s through the
9 late 1990s, presentations made during these JEDEC meetings, publications by JEDEC attendees
10 and individuals from JEDEC member companies and relevant prior testimony and trial exhibits, I
11 composed a list of over eighty (80) individuals who I concluded might have information
12 regarding Rambus’ claims. In June of 2008, I began my efforts to locate these 80 individuals. In
13 many instances, I had to rely on information that was ten, fifteen or twenty years old, which
14 hampered my efforts. By the early July 2008, I began the process of contacting these individuals
15 to evaluate their ability to testify regarding Rambus’ claims. This process continued through the
16 second week of August of 2008.
17 3. On or about August 14, 2008, Rambus served a subpoena on a third party
18 company called Silicon Graphics, Inc. (“SGI”). Nanya and Nanya USA received this subpoena
19 on or about August 15, 2008. The subpoena set SGI’s deposition to take place on August 25,
20 2008.
21 4. On or about August 14, 2008, I contacted Juan Pineda to determine his
22 availability for his deposition. Mr. Pineda stated that he would be available on August 25, 2008
23 or August 26, 2008 for his deposition.
24 5. On or about August 19, 2008, I contacted Howard Kalter to determine his
25 availability for his deposition. Mr. Kalter informed me that he would be available anytime after
26 10:30 a.m. during the week of August 25, 2008 for his deposition.
27 6. Instructed that attorneys for Nanya and Nanya USA might need to depose Mr.
28 Pineda, Mr. Kalter, Mr. Powell, and Mr. Chapman as early as August 25, 2008, on our about
HEATH DECLARATION RE NANYA’S
-1- REPLY RE MOTION TO RE-OPEN DISCOVERY
CASE NO. C05-00334 RMW
 Case 5:05-cv-00334-RMW Document 2312 Filed 09/29/2008 Page 3 of 3

1 August 20, 2008, I, along with several other attorneys, paralegals and staff began preparations to
2 take the depositions Mr. Pineda, Mr. Kalter, Mr. Powell, and Mr. Chapman.
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4 I declare under penalty of perjury of the laws of the Unites States of America that the
5 foregoing is true and correct to the best of my knowledge. Executed this the 29th day of
6 September, 2008 in Los Angeles, California.
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8
/s/ Jacob M. Heath
9 Jacob M. Heath
10
OHS West:260522334.1
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NORTON DECLARATION RE NANYA’S MOTION TO RE-OPEN
-2- DISCOVERY
CASE NO. C05-00334 RMW