Case3:10-cv-05449-RS Document146-1 Filed03/07/13 Page1 of 3

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

GREGORY P. STONE (SBN 078329) gregory.stone@mto.com PETER E. GRATZINGER (SBN 228764) peter.gratzinger@mto.com JEFFREY Y. WU (SBN 248784) jeffrey.wu@mto.com KEITH R.D. HAMILTON (SBN 252115) keith.hamilton@mto.com DAVID H. PENNINGTON (SBN 272238) david.pennington@mto.com MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 PETER A. DETRE (SBN 182619) peter.detre@mto.com MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 Attorneys for Plaintiff RAMBUS INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RAMBUS INC., Plaintiff, v. STMICROELECTRONICS N.V.; STMICROELECTRONICS INC., Defendants. Case No. 3:10-cv-05449 RS PENNINGTON DECLARATION IN SUPPORT OF RAMBUS INC'S OPPOSITION TO DEFENDANTS MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF SPECIAL MASTER DATED FEBRUARY 21, 2013

PENNINGTON DEC ISO OPP TO TO DEFENDANTS MOT. FOR RELIEF CASE NO. 3:10-CV-05449 RS
20279956.1

Case3:10-cv-05449-RS Document146-1 Filed03/07/13 Page2 of 3

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

I, David H. Pennington, hereby declare: 1. I am an attorney with the law firm Munger, Tolles & Olson LLP, counsel of record

for Plaintiff Rambus, Inc. (Rambus) in the above-titled action. I am licensed in the State of California and admitted to practice before this Court. Except where stated, I make this declaration based on my personal knowledge, and, if called upon as a witness, I could and would testify competently as to the matters set forth below. 2. On October 18, 2012, STMicro made a production to Rambus of six documents that

appear to be emails or email chains. One of those documents, bearing Bates numbers STM_0092518 through STM_0092683, is a 166 page document that appears to contain several email chains. 3. Attached as Exhibit A is a true and correct copy of Special Master Judge Vaughn R.

Walkers Order Regarding Compliance With Discovery and Document Preservation Obligations dated February 21, 2013. 4. Attached as Exhibit B is a true and correct excerpt of a copy of the transcript of the

telephonic hearing held before Judge Walker on February 21, 2013. 5. Attached as Exhibit C is a true and correct copy of Rambuss Requests for

Production 4, 5, 8, 14 and 31 to STMicro, served July 8, 2011, and STMicros most recent responses to those requests. STMicros most recent responses to Requests for Production No. 4, 5, 8, and 31 were served on May 11, 2012. STMicros most recent response to Request for Production No. 14 was served on August 2, 2012. 6. Attached as Exhibit D is a true and correct excerpt of a copy of the transcript of the

telephonic hearing held before Judge Walker on September 14, 2012. 7. Attached as Exhibit E is a true and correct copy of an August 31, 2012 letter from

counsel for STMicro to Judge Walker in opposition to Rambuss August 24, 2012 motion to compel. 8. Attached as Exhibit F is a true and correct copy of a letter from counsel for STMicro

to counsel for Rambus dated August 24, 2012. 9.

20279956.1

Attached as Exhibit G is a true and correct excerpt of a copy of the transcript of the

PENNINGTON DEC ISO OPP TO TO DEFENDANTS MOT. FOR RELIEF CASE NO. 3:10CV-05449 RS

Case3:10-cv-05449-RS Document146-1 Filed03/07/13 Page3 of 3

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

telephonic hearing held before Judge Walker on January 23, 2013. 10. Attached as Exhibit H is a true and correct copy of a letter brief from counsel for

Rambus to Judge Walker renewing Rambuss August 24, 2012 motion to compel dated February 11, 2013. 11. Attached as Exhibit I is a true and correct copy of four email chains dated February

20, 2013 at 4:21 p.m., February 20, 2013 at 5:06 p.m., February 20, 2013 at 6:21 p.m., and February 21, 2013 at 8:00 a.m., and one Microsoft Outlook calendar invitation between counsel for Rambus, counsel for STMicro, counsel for LSI, and Judge Walkers assistant Lillian Tom.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration was executed on March 7, 2013, at Los Angeles, California.

DATED: March 7, 2013 By: /s/ David H. Pennington David H. Pennington

20279956.1

PENNINGTON DEC ISO OPP TO TO DEFENDANTS MOT. FOR RELIEF CASE NO. 3:10CV-05449 RS