Case5:00-cv-20905-RMW Document4082-3

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KENNETH L. NISSLY (SBN 77589) knissly@omm.com SUSAN van KEULEN (SBN 136060)
svankeulen@omm.com

SUSAN ROEDER (SBN 160897) sroeder@omm.com OMELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, CA 94025 Telephone: (650) 473-2600 Facsimile: (650) 473-2601 KENNETH R. OROURKE (SBN 120144)
korourke@omm.com

OMELVENY & MYERS LLP 400 South Hope Street Los Angeles, CA 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 [Additional counsel listed on signature page.] Attorneys for Plaintiffs HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR U.K. LTD., and HYNIX SEMICONDUCTOR DEUTSCHLAND GmbH

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

HYNIX SEMICONDUCTOR INC., HYNIX SEMICONDUCTOR AMERICA INC., HYNIX SEMICONDUCTOR U.K. LTD., and HYNIX SEMICONDUCTOR DEUTSCHLAND GmbH, Plaintiffs, v. RAMBUS INC., Defendant.

Case No. C-00-20905 RMW DECLARATION OF SUSAN ROEDER IN SUPPORT OF HYNIXS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON SPOLIATION AND IN SUPPORT OF HYNIXS OPENING PRE-HEARING BRIEF ON REMAND

DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP. FINDINGS OF FACT AND CONCLUSIONS OF LAW C-00-20905 RMW

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I, Susan Roeder, declare as follows: 1. I am Counsel at the law firm of OMelveny & Myers LLP (OMelveny), counsel

of record for plaintiffs Hynix Semiconductor, Inc., Hynix Semiconductor America Inc., Hynix Semiconductor U.K. Ltd., and Hynix Semiconductor Deutschland GmbH (Hynix). I make this declaration in support of Hynixs Proposed Findings of Fact and Conclusions of Law on Spoliation and in support of Hynixs Opening Pre-Hearing Brief on Remand . Except as to matters stated on information and belief, I have personal knowledge of the matters stated herein and, if called upon, could and would competently testify thereto. 2. Attached to this declaration as Exhibit 1 are true and correct copies of

consecutively paginated excerpts of the reporters transcript from the Conduct Trial, pages: 1012-1013 (Crisp). 3. Exhibit 3023. 4. Exhibit 3024. 5. Exhibit 3131. 6. Exhibit 3072. 7. Exhibit 3106. 8. Exhibit 3136. 9. Exhibit 3137. 10. Attached to this declaration as Exhibit 9 is a true and correct copy of Conduct Attached to this declaration as Exhibit 8 is a true and correct copy of Conduct Trial Attached to this declaration as Exhibit 7 is a true and correct copy of Conduct Trial Attached to this declaration as Exhibit 6 is a true and correct copy of Conduct Trial Attached to this declaration as Exhibit 5 is a true and correct copy of Conduct Trial Attached to this declaration as Exhibit 4 is a true and correct copy of Conduct Trial Attached to this declaration as Exhibit 3 is a true and correct copy of Conduct Trial Attached to this declaration as Exhibit 2 is a true and correct copy of Conduct Trial

Trial Exhibit 3151. 11. Attached to this declaration as Exhibit 10 are true and correct copies of -1-

DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP. FINDINGS OF FACT AND CONCLUSIONS OF LAW C-00-20905 RMW

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consecutively paginated excerpts of the reporters transcript from the Delaware Trial, pages: 212, 242-243, 259-260, 311-313, 348, 350, 407, 468-469, 472 (Karp); 579-580 (Montana); 648-657, 663-665, 668, 684-685, 687-696, 701-705, 721-729 (Tate); 770, 783-784, 786-787, 792-793, 795-800, 806-807, 811-813 (Crisp); 1156, 1170-1171 (Roberts); 1300, 1302-1304 (Hampel); 1349-1350, 1408 (Vincent); 1491-1494, 1558-1559, 1562 (Johnson); 1632-1633 , 1646 (Davidow); 1694-1695 (Farmwald). 12. Attached to this declaration as Exhibit 11 is a true and correct copy of MTX 047,

which I am informed and believe was admitted as a trial exhibit in the case of Micron Technology, Inc. vs. Rambus, Inc., Case No. 00-792 (Delaware trial). 13. Attached to this declaration as Exhibit 12 is a true and correct copy of MTX 048,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 14. Attached to this declaration as Exhibit 13 is a true and correct copy of MTX 056,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 15. Attached to this declaration as Exhibit 14 is a true and correct copy of MTX 093,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 16. Attached to this declaration as Exhibit 15 is a true and correct copy of MTX 094,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 17. Attached to this declaration as Exhibit 16 is a true and correct copy of MTX 133,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 18. Attached to this declaration as Exhibit 17 is a true and correct copy of MTX 183,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 19. Attached to this declaration as Exhibit 18 is a true and correct copy of MTX 200,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 20. Attached to this declaration as Exhibit 19 is a true and correct copy of MTX 235,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 21. Attached to this declaration as Exhibit 20 is a true and correct copy of MTX 236,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 22. Attached to this declaration as Exhibit 21 is a true and correct copy of MTX 246, -2-

DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP. FINDINGS OF FACT AND CONCLUSIONS OF LAW C-00-20905 RMW

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which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 23. Attached to this declaration as Exhibit 22 is a true and correct copy of MTX 253,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 24. Attached to this declaration as Exhibit 23 is a true and correct copy of MTX 256,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 25. Attached to this declaration as Exhibit 24 is a true and correct copy of MTX 429,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 26. Attached to this declaration as Exhibit 25 is a true and correct copy of MTX 438,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 27. Attached to this declaration as Exhibit 26 is a true and correct copy of MTX 464,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 28. Attached to this declaration as Exhibit 27 is a true and correct copy of MTX 807,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 29. Attached to this declaration as Exhibit 28 is a true and correct copy of MTX 947,

which I am informed and believe was admitted as a trial exhibit in the Delaware trial. 30. Attached to this declaration as Exhibit 29 are true and correct copies of

consecutively paginated excerpts of the reporters transcript from the 9/22/08 Samsung Trial, page 670 (Karp). 31. Attached to this declaration as Exhibit 30 is a true and correct copy of September

22, 2008 Samsung Trial Exhibit 4406, which I am informed and believe was admitted as a trial exhibit in this Courts September 22, 2008 trial of Samsungs spoliation and unclean hands claims against Rambus in Case No. C-05-00334 and C-05-02298 RMW. 32. Attached to this declaration as Exhibit 31 are true and correct copies of

consecutively paginated excerpts of the reporters transcript from the Rambus, Inc. vs. Micron Technology, Inc., et al.; Case No. 04-431105 (S.F. Superior Court Trial), pages: 2170-2171 (Horowitz); 5134, 5136, 5138, 5140, 5146, 5153-5154, 5161, 5187-5188, 5233 (Karp); 53125318, 5359 (Mooring). 33. Attached to this declaration as Exhibit 32 is a true and correct copy of S.F. -3-

DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP. FINDINGS OF FACT AND CONCLUSIONS OF LAW C-00-20905 RMW

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Superior Court Trial Exhibit 5422. 34. Attached to this declaration as Exhibit 33 is a true and correct copy of S.F.

Superior Court Trial Exhibit 10093. 35. Attached to this declaration as Exhibit 34 is a true and correct copy of S.F.

Superior Court Trial Exhibit 11310. 36. Attached to this declaration as Exhibit 35 is a true and correct copy of pages 86-

88; 92-116 of the Initial Determination in ITC Investigation No. 337-TA-661, dated January 22, 2010. 37. Attached to this declaration as Exhibit 36 is a true and correct copy of pages 19-

20 to the Non-Confidential Brief of Appellants NVIDIA Corp., Fed. Cir. Case No. 2010-1557, 2010-1556, dated December 13, 2010. 38. Attached to this declaration as Exhibit 37 is a true and correct copy of pages 27-28

of the Non-Confidential Brief of Appellants NVIDIA Corp., Fed. Cir. Case No. 2010-1557, 2010-1556, dated June 16, 2011. 39. Attached to this declaration as Exhibit 38 is a true and correct copy of Joint

Motion to Assign Appeal Nos. 2009-1263, 2009-1299, and 2009-12347 to the Same Panel and to Coordinate Oral Arguments, filed by Rambus and Hynix in Federal Circuit Case No. 2009-1299 on July 23, 2009. 40. Attached to this declaration as Exhibit 39 is a true and correct copy of the

August 17, 2009 Federal Circuit Order in Federal Circuit Case No. 2009-1299. 41. Attached to this declaration as Exhibit 40 is a true and correct copy of a letter to

Lee Ann Shortridge attaching the video clips of the deposition designations played during the Unclean Hands Trial. 42. Attached to this declaration as Exhibit 41 are excerpts of true and correct copies of

the deposition transcripts of Neil A. Steinberg dated January 16, 2011 and October 6, 2004. 43. Attached to this declaration as Exhibit 42 is a true and correct copy of the hearing

transcript from the Samsung v. Rambus (Case No. 3:05CV406) held on August 23, 2005.

DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP. FINDINGS OF FACT AND CONCLUSIONS OF LAW C-00-20905 RMW

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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 14th day of November 2011, at Menlo Park, California.

/s/ Susan Roeder Susan Roeder

OMM_US:70124866.7

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DECL. OF S. ROEDER IN SUPPORT OF HYNIXS PROP. FINDINGS OF FACT AND CONCLUSIONS OF LAW C-00-20905 RMW

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