UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, D.C.

In the Matter of

CERTAIN SEMICONDUCTOR CHIPS Inv. No. 337-TA-661

HAVING SYNCHRONOUS DYNAMIC
RANDOM ACCESS MEMORY
P .:
CONTROLLERS AND PRODUCTS
CONTAINING SAME - 3

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ORDER NO. 6: SETTING PROCEDURAL SCHEDULE

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(February 6,2009) *-
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Pursuant to Order NO. 5, the parties submitted a joint proposed procedural schedule. The

investigation will hereby be controlled by the procedural schedule attached hereto as Attachment

A.

SO ORDERED.

Theodore R. Essex
Administrative Law Judge
ATTACHMENT A
 I. PROCEDURAL SCHEDULE
I
Event
I Proposed Date

I First settlement conference I on or before February 10,2009

Complainant and Respondents exchange identification

February 10,2009
of proposed terms for claim construction’

Complainant and Respondents exchange preliminary

February 17,2009
claim constructions for identified terms

I Submission of first settlement conference joint report I February 17,2009

Deadline to meet and confer regarding proposed claim

February 20,2009
constructions

Complainant’s and Respondents’ opening briefs

March 2,2009
regarding disputed claim terms
_ _ _ _ _ ~
~~

and Respondents’ responsive briefs

March 12,2009
regarding disputed claim terms

I Staffs responsive brief regarding disputed claim terms I March 20,2009

Parties file joint claim construction chart with disputed

March 23,2009
terms and parties’ proposed claim constructions

Depositions of any persons who provided declarations

March 3 - 16,2009
in support of claim construction

I Tutorial and Markman Hearing I March 24 - 25,2009 (9 am EST)

Submission of Markman joint proposed claim

March 3 1,2009
construction chart

File identification of expert witnesses, including their

April 30,2009
expertise and curriculum vitae

I Second settlementconference I on or before May 1,2009

I Submission of second settlementconference joint report 1 May 8,2009

The parties have agreed to exercise their best efforts to streamline issues presented at the
Markman hearing. Accordingly, no party will be precluded at any point later in this
investigation from setting forth a proposed construction of any term not identified during the
Markman process.
 File tentative list of witnesses a party will call to testify
at the hearing, with an identification of each witness’ May 15,2009
relationship to the party

1 Fact discovery cutoff and completion I May 26,2009

I File notice of prior art I May 29,2009

Exchange of initial expert reports (identi@
May 29,2009
testslsurveysldata)

Deadline for motions to compel fact discovery June 2,2009

Exchange of rebuttal expert reports June 12,2009

I
~ ~~~

p u t - o ff date for responses to contention interrogatories June 12,2009

I Deadline for filing summary determinationmotions I June 16,2009

Expert discovery cutoff and completion July 2,2009

Deadline for motions to compel expert discovery July 8,2009

Exchange of direct exhibit lists among the parties

,. I
, , , July 8,2009

Submit and serve direct exhibits (including witness

statements), with physical and demonstrative’ exhibits July 10,2009
available -- Complainant(s) and Respondent(s)

I Third settlement conference 1 on or before July 13,2009

Submit and serve direct exhibits (including witness

statements), with physical and demonstrative exhibits July 14,2009
available -- Staff

File objections to direct exhibits (including witness

July 17,2009
statements)

Submission of third settlement conference joint report July 17,2009

File responses to objections to direct exhibits (including

July 24,2009
witness statements)

’
The parties have agreed that any supplements or amendments to direct demonstratives
produced with witness statements shall be produced at least 48 hours prior to being used at the
hearing and shall be subject to any objections from the non-producing party, to be resolved
during the hearing.
File Pre-hearing statements and briefs -- Complainant(s)
July 27,2009
and Respondent(s)

Submit and serve rebuttal exhibits (including witness

statements), with rebuttal physical and demonstrative July 28,2009
exhibits available -- all parties

File objections to rebuttal exhibits (including witness

August 3,2009
statements)

File requests for receipt of evidence without a witness August 3,2009

Deadline for motions in Zimine A u g u s g 2009

File high priority objections statement Augus& 1009

File response to objections to rebuttal exhibits

August 6,2009
(including witness statements)

File Pre-hearing statement and brief -- Staff August 7,2009

File responses to high priority objections statement August,&, 2009

&
File responses to motions in limine Augustfl, 2009

Submission of declarationsjustifying confidentiality of

August 12,2009
exhibits

Tutorial on technology (if necessary) August 13,2009

Pre-hearing conference August 13,2009

Hearing August 17-28,2009

~ ~~~~~

File initial post-hearing briefs, proposed findings of fact

September 11,2009
and conclusions of law, and final exhibit lists

File reply post-hearing briefs, objections and rebuttals

September 25,2009
to proposed findings of fact
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING
SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS
AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661

PUBLIC CERTIFICATE OF SERVICE

I, Marilyn R. Abbott, hereby certify that the attached ORDER 6 has been served by hand upon the
Commission Investigative Attorney, Vu Q. Bui, Esq., and the following parties as indicated on
February 6 , 2009.
?

500 E Street, SW, Room 112A

Washington, D.C. 20436

COMPLAINANT RAMBUS, INC.

J. Michael Jakes, Esq. ( ) Via Hand Delivery

Christine E. Lehman, Esq. ( ) Via Overnight Mail
FINNEGAN, HENDERSON, FARABOW, -Via First Class Mail
GARRETT & DUNNER, LLP ( )Other:
901 New York Avenue, NW
Washington, DC 20001
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING
SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS
AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661

-
CERTIFICATE OF SERVICE PAGE 2

RESPONDENTS NVIDIA CORPORATION ASUSTek COMPUTER, INC., ASUS

COMPUTER INTERNATIONAL,INC. BFG TECHNOLOGIES, INC., BIOSTARMEDICAL
(USA) CORP. BIOSTAR MICROTECH INTERNATIONAL CORP. DIABLOTEK. INC.,
EVGA CORPORATION, GBT INC. GIGA-BYTE TECHNOLOGY CO., LTD. HEWLETT-
PACKARD CO. MSI COMPUTER CO., MICRO-STARR INTERNATIONAL CO, LTD,
PALIT MULITMEDIA INC. PALIT MICROSYSTEMS LTD. , PINE TECHNOLOGY
HOLDINGS, LTD AND SPARKLE-COMPUTER CO. LTD:

Ruffin B. Cordell, Esq. ( ) Via Hand Delivery

Brian R. Nester, Esq. ( ) Via Overnight Mail
FISH & RICHARDSON, PC V&) Via First Class Mail
1425 K Street NW, 11' Floor ( )Other:
Washington, DC 20005

Michael Chibib, Esq. ( ) Via Hand Delivery

John F. Horvath, Esq. ( ) Via Overnight Mail
FISH & RICHARDSON, PC (&Via First Class Mail
One Congress Plaza, Suite 810 ( )Other:
111 Congress Avenue
Austin, Texas 78701
IN THE MATTER OF CERTAIN SEMICONDUCTOR CHIPS HAVING
SYNCHRONOUS DYNAMIC RANDOM ACCESS MEMORY CONTROLLERS
AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-661

CERTIFICATE OF SERVICE - PAGE 3

PUBLIC MAILING LIST

Sherry Robinson ( ) Via Hand Delivery

LEXIS - NEXIS ( ) Via Overnight Mail
8891 Gander Creek Drive clc> Via First Class Mail
Miamisburg, OH 45342 ( )Other:

Kenneth Clair ( ) Via Hand Delivery

THOMSON WEST ( ) Via Overnight Mail
1100 Thirteen Street, NW, Suite 200 *Via First Class Mail
Washington, D.C. 20005 ( )Other: