Case 5:05-cv-00334-RMW Document 2333
1 Gregory P. Stone (SBN 078329)
Steven M. Perry (SBN 106154)
2 Sean Eskovitz (SBN 241877)
David C. Yang (SBN 246132)
3 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
4 Los Angeles, CA 90071-1560
Telephone: (213) 683-9100
5 Facsimile: (213) 687-3702
Email: gregory.stone@mto.com
6 Email: steven.perry@mto.com
Email: sean.eskovitz@mto.com
7 Email: david.yang@mto.com
8 Peter A. Detre (SBN 182619)
Carolyn Hoecker Luedtke (SBN 207976)
9 Jennifer L. Polse (SBN 219202)
MUNGER, TOLLES & OLSON LLP
10 560 Mission Street, 27th Floor
San Francisco, CA 94105
11 Telephone: (415) 512-4000
Facsimile: (415) 512-4077
12 Email: peter.detre@mto.com
Email: carolyn.luedtke@mto.com
13 Email: jen.polse@mto.com
14 Attorneys for RAMBUS INC.
15 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
17 RAMBUS INC.,
18 Plaintiff,
v.
19
HYNIX SEMICONDUCTOR INC., et al,
20
Defendants.
21
22
23
24
25
26
27
28
Filed 10/02/2008 Page 1 of 4
Rollin A. Ransom (SBN 196126)
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013-1010
Telephone: (213) 896-6000
Facsimile: (213) 896-6600
Email: rransom@sidley.com
Pierre J. Hubert (Pro Hac Vice)
Craig N. Tolliver (Pro Hac Vice)
McKOOL SMITH PC
300 West 6th Street, Suite 1700
Austin, TX 78701
Telephone: (512) 692-8700
Facsimile: (512) 692-8744
Email: phubert@mckoolsmith.com
Email: ctolliver@mckoolsmith.com
CASE NO. C 05-00334 RMW
DECLARATION OF DAVID C. YANG
IN SUPPORT OF RAMBUS’S
MOTION TO COMPEL THE
DEPOSITION OF HYNIX, SAMSUNG,
AND MICRON ON DESIGN-AROUND
AND ALTERNATIVES AS TO GDDR5
AND DDR4
Date: October 20, 2008
Time: 3:00 p.m.
Location: Telephonic Hearing
Judge: Hon. Read Ambler (Ret.)
YANG DECL. ISO MTC ON DESIGN-AROUND AND
ALTERNATIVES AS TO GDDR5 AND DDR4;
CASES NOS. C 05-00334, C 05-02298, 06-00244
 Case 5:05-cv-00334-RMW Document 2333 Filed 10/02/2008 Page 2 of 4

1
RAMBUS INC., CASE NO. C 05-02298 RMW
2
Plaintiff,
3 v.
4 SAMSUNG ELECTRONICS CO., LTD., et al,
5 Defendants.
6 RAMBUS INC., CASE NO. C-06-00244 RMW
7 Plaintiff,
8 v.
9 MICRON TECHNOLOGY INC., et al,
10 Defendants.
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
YANG DECL. ISO MTC ON DESIGN-AROUND AND
ALTERNATIVES AS TO GDDR5 AND DDR4;
CASES NOS. C 05-00334, C 05-02298, 06-00244
 Case 5:05-cv-00334-RMW Document 2333 Filed 10/02/2008 Page 3 of 4

1 I, David C. Yang, do hereby declare and say:

2 1. I am an attorney with Munger, Tolles & Olson LLP, counsel of record for Rambus
3 Inc. in this case, and am admitted to practice before this Court. I submit this declaration in
4 support of Rambus’s Motion To Compel the Deposition of Hynix, Samsung, and Micron on
5 Design-Around and Alternatives as to GDDR5 And DDR4. I have personal knowledge of the
6 matters set forth herein and could and would testify competently to each of them
7 2. On or about November 15, 2007, Hynix issued a press release announcing that it
8 had introduced a GDDR5 product. Attached as Exhibit A is a true of correct copy of a
9 screenshot, taken on July 11, 2008, of the press release on Hynix’s website, available at
10 http://hsa.hynix.com/us_sa/pr/article_readB.jsp?NEWS_DATE=2007-11-
11 15:08:38:00&CurrentPageNo=1&SearchKind=4&SearchWord=gddr5&SELECT_DATE=&men
12 uNo=3&m=1&s=0.
13 3. On or about December 2, 2007, Samsung issued a press release announcing that it
14 had introduced a GDDR5 product. Attached as Exhibit B is a true and correct copy of a printout
15 of the press release on Samsung’s website, available at
16 http://www.samsung.com/global/business/semiconductor/newsView.do?news_id=879 (last
17 visited August 4, 2008).
18 4. On July 28, 2008, Rambus filed a motion to compel Hynix to produce discovery
19 on its new DRAM products, including GDDR5, and on its under-development products, on the
20 grounds that discovery regarding such products was responsive to Rambus’s requests and relevant
21 to various substantive patent issues such as willfulness, the availability of non-infringing
22 alternatives, design around, and the value of Rambus’s inventions, regardless of whether the
23 products were accused of infringement in this case. Rambus filed a similar motion against
24 Samsung and Micron on August 4, 2008.
25 5. I subsequently met and conferred further with counsel for Hynix, Samsung, and
26 Micron regarding the issues raised in Rambus’s motions and reached compromises with each of
27 them. The Manufacturers agreed to produce limited sets of documents pertaining to the use of the
28 “accused features” in GDDR5 and DDR4 and to design-around efforts and consideration of
YANG DECL. ISO MTC ON DESIGN-AROUND AND
-1- ALTERNATIVES AS TO GDDR5 AND DDR4;
CASES NOS. C 05-00334, C 05-02298, 06-00244
 Case 5:05-cv-00334-RMW Document 2333 Filed 10/02/2008 Page 4 of 4

1 alternatives as to the accused features. I indicated that Rambus would review the documents and
2 advise the Manufacturers as to whether Rambus would seek 30(b)(6) testimony on design-around
3 and alternatives as to GDDR5 and DDR4. The Manufacturers agreed that they would not object
4 to any such request on the ground that it was after the August 29, 2008 discovery cutoff. As a
5 result of these agreements, Rambus withdrew its motions.
6 6. Attached as Exhibit C is a true and correct copy of a stipulation concerning
7 various discovery matters filed by the parties on September 16, 2008 and ordered by the Special
8 Master on September 29, 2008.
9 7. Hynix, Samsung, and Micron have each refused to provide a witness to testify
10 regarding design-around efforts and the consideration of alternatives as to GDDR5 and DDR4.
11 Attached as Exhibit D is a true and correct copy of an email I received from Ted Brown, counsel
12 for Hynix, on September 29, 2008. Attached as Exhibit E is a true and correct copy of an email I
13 received from John Beynon, counsel for Micron, on September 30, 2008. Matthew Antonelli,
14 counsel for Samsung, indicated Samsung’s refusal to produce a witness on a teleconference I held
15 with him on October 1, 2008.
16 8. Attached as Exhibit F is a true and correct copy of Rambus’s Notice of Rule
17 30(b)(6) Deposition of Hynix, served on June 19, 2008.
18 9. Attached as Exhibit G is a true and correct copy of Rambus’s Notice of Rule
19 30(b)(6) Deposition of Samsung, served on June 29, 2007.
20 10. Attached as Exhibit H is a true and correct copy of Rambus’s Notice of Rule
21 30(b)(6) Deposition of Samsung, served on June 19, 2008.
22 11. Attached as Exhibit I is a true and correct copy of Rambus’s Notice of Rule
23 30(b)(6) Deposition of Micron, served on June 19, 2008.
24 I declare under penalty of perjury under the laws of the United States that the
25 foregoing is true and correct.
26 Executed this 2nd day of October, 2008 at Los Angeles, California.
27 /s/ David C. Yang
David C. Yang
28
YANG DECL. ISO MTC ON DESIGN-AROUND AND
-2- ALTERNATIVES AS TO GDDR5 AND DDR4;
CASES NOS. C 05-00334, C 05-02298, 06-00244