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ROBERT E. FREITAS (SBN 809480 rfreitas@ftbklaw.com JASON S. ANGELL (SBN 221607) jangell@ftbklaw.com FREITAS TSENG & KAUFMAN LLP 100 Marine Parkway, Suite 200 Redwood Shores, California 94065 Telephone: (650) 593-6300 Facsimile: (650) 593-6301 Attorneys for Amici Curiae Nanya Technology Corporation and Nanya Technology Corporation USA UNITED STATES DISTRICT COURT 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. CV 00-20905 RMW NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMICUS BRIEF; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Date: Time: Ctrm.: Judge:

December 16, 2011 9:00 a.m. 6 Hon. Ronald M. Whyte

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NOTICE OF MOTION AND MOTION TO ALL PARTIES AND COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on December 16, 2011, at 9:00 a.m. or as soon thereafter as counsel may be heard, before the Honorable Ronald M. Whyte in Courtroom 6 of the United States District Court for the Northern District of California, located at the 280 So. 1st Street, San Jose, CA 95113, amici curiae Nanya Technology Corporation (Nanya) and Nanya Technology Corporation USA (Nanya USA) will and hereby do move this court for an order granting Nanya and Nanya USA leave to file the brief attached hereto as Exhibit A and entitled Amici Curiae Brief Of Nanya Technology Corporation And Nanya Technology Corporation USA In Support Of The Hynix Parties. This Motion is based on this Notice of Motion, the accompanying Memorandum of Points and Authorities, the proposed order submitted herewith, all papers and pleadings on file in this action, such other evidence and argument as may be presented at or before the hearing on this motion, and all matters of which the Court may take judicial notice.

NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AMICUS BRIEF C 00 02095 RMW

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MEMORANDUM OF POINTS AND AUTHORITIES There are no strict prerequisites that must be established prior to qualifying for amicus status; an individual seeking to appear as amicus must merely make a showing that his participation is useful to or otherwise desirable to the court. In re Roxford Foods Litig., 790 F.Supp. 987, 997 (E.D.Cal.1991) (quoting United States v. Louisiana, 751 F. Supp. 608, 620 (E.D. La. 1990)). The court has broad discretion to permit a party to appear as an amicus, and [g]enerally, courts have exercised great liberality in permitting an amicus curiae to file a brief in a pending case. Id. (internal quotation marks and citation omitted). District courts frequently welcome amicus briefs from non-parties concerning legal issues that have potential ramifications beyond the parties directly involved. NGV Gaming, Ltd. v. Upstream Point Molate, LLC, 355 F.Supp.2d 1061, 1067 (N.D.Cal.2005) (internal quotation marks and citation omitted). As the Court is aware, Nanya Technology Corporation (Nanya) and Nanya Technology Corporation USA (Nanya USA) are defendants in Rambus Inc. v. Hynix Semiconductor, Inc., et al., Case No. CV-05-00334 RMW (Rambus v. Hynix), in which Hynix and its affiliates, parties to this case, are also defendants. Like Hynix, Nanya and Nanya USA have also asserted that Rambuss patent claims are barred as a result of Rambuss spoliation of evidence. After Judge Robinson determined in Micron Technology, Inc. v. Rambus Inc., 255 F.R.D. 135,151 (D. Del. 2009) that the patents asserted by Rambus against Micron Technology, Inc. in that case were unenforceable, Nanya and Nanya USA, like Hynix in this case, filed a motion seeking the application of defensive, non-mutual issue preclusion. This Court eventually decided to stay Rambus v. Hynix, and did not issue a decision on the issue preclusion motions filed by Nanya and Nanya USA. Nanya and Nanya USA seek leave to file the attached amici brief because they believe their perspective on the legal issues raised by Hynixs current efforts for application of issue preclusion are not fully addressed by either Hynix or Rambus. While Nanya and Nanya USA are not parties to this case, Nanya and Nanya USA believe that the Courts resolution of the issue preclusion matters in this case may have an influence on Nanyas and Nanya USAs pending issue preclusion motion in Rambus v. Hynix, among other things.
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As parties to Rambus v. Hynix and other patent infringement litigation, Nanya and Nanya USA have an interest in encouraging the development of orderly procedures for the trial of patent cases and avoiding cumbersome or improper trial procedures. The Nanya parties motion for leave to file the accompanying amici curiae brief, respectfully, should be granted.

Dated: November 11, 2011

ROBERT E. FREITAS JASON S. ANGELL FREITAS TSENG & KAUFMAN LLP

/s/ Robert E. Freitas Robert E. Freitas Jason S. Angell Attorneys for Amici Curiae Nanya Technology Corporation and Nanya Technology Corporation USA

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