Case 5:05-cv-00334-RMW Document 2315 Filed 09/30/2008 Page 1 of 7

1 GREGORY P. STONE (#78329)

KEITH HAMILTON (#252115)
2 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
3 Los Angeles, CA 90071-1560
Telephone: (213) 683-9100
4 Facsimile: (213) 687-3702
E-mail: gregory.stone@mto.com;
5 keith.hamilton@mto.com
6 BURTON A. GROSS (#166285)
CAROLYN HOECKER LUEDTKE (#207976)
7 MIRIAM KIM (#238230)
MUNGER, TOLLES & OLSON LLP
8 560 Mission Street, 27th Floor
San Francisco, CA 94105-2907
9 Telephone: (415) 512-4000
Facsimile: (415) 512-4077
10 E-mail: burton.gross@mto.com;
carolyn.luedtke@mto.com;
11 miriam.kim@mto.com
12
Attorneys for Plaintiff RAMBUS INC.
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
15

16 RAMBUS INC., CASE NO.: C 05-00334 RMW

17 Plaintiff, RAMBUS’S NOTICE OF LODGING OF
TRANSCRIPT OF VIDEO TESTIMONY
18 vs. OF JON KANG
19 HYNIX SEMICONDUCTOR INC., et al.,
20 Defendants. Trial Date: September 22, 2008
Courtroom: 6
21 Judge: Hon. Ronald M. Whyte
22 RAMBUS INC., CASE NO.: C 05-02298 RMW
23 Plaintiff,
24 vs.
25 SAMSUNG ELECTRONICS CO., LTD.,
et al.,
26
Defendants.
27

28
RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT
6028013.1 OF VIDEO TESTIMONY OF JON KANG;
CASE NOS. 05-00334 RMW; 05-02298 RMW
 Case 5:05-cv-00334-RMW Document 2315 Filed 09/30/2008 Page 2 of 7

1 Rambus hereby gives notice that it is lodging, concurrently herewith, a transcript of the
2 video clip of the testimony of Jon Kang played in Court on September 29, 2008.
3 The video clip was taken from the following deposition transcript:
4 Deposition of Jon Kang, taken on June 19, 2008, attached hereto as Exhibit A.
5 This Notice is being filed with the Court and will be appended to the official trial
6 transcripts and, pursuant to the parties’ agreement, will become part of the official trial transcript.
7

8 DATED: September 30, 2008 MUNGER, TOLLES & OLSON LLP

9

10

11 By: /s/ Carolyn Hoecker Luedtke

Carolyn Hoecker Luedtke
12
Attorneys for Plaintiff RAMBUS INC.
13

14

15

16

17

18

19

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21

22

23

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27

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RAMBUS’S NOTICE OF LODGING OF TRANSCRIPT
6028013.1 -1- OF VIDEO TESTIMONY OF JON KANG;
CASE NOS. 05-00334 RMW; 05-02298 RMW
Case 5:05-cv-00334-RMW Document 2315 Filed 09/30/2008 Page 3 of 7

Exhibit A
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Video Testimony of Jon Kang (6/19/2008 Deposition)

Played 9/29/2008

9:20 Q. What is your current position at Samsung

9:21 Semiconductor?
9:22 A. I'm president.

23:10 Do you recognize deposition Exhibit 9084?

23:11 A. Okay. Do I recognize it? Can you define
23:12 what "recognize" means for me?
23:13 Q. What do you understand "recognize" to
23:14 mean?
23:15 A. Have I seen this before? I don't
23:16 remember.
23:17 Q. Is this a copy of the 2000 license
23:18 agreement between Rambus and Samsung that you signed
23:19 on October 31st, 2000?
23:20 A. That's what it says, and my signature is
23:21 here. But I don't recall, is what I'm saying.
23:22 Q. You don't recall having seen this license
23:23 agreement before?
23:24 A. Well, I obviously have, but just to say do
23:25 I recognize it, yeah, I recognize it, but I don't
24: 1 recall exactly what it is.
24: 2 Q. Did you sign a license agreement between
24: 3 Rambus and Samsung in October of 2000?
24: 4 A. Based upon this, yes.
24: 5 Q. Do you have any memory of signing the
24: 6 license agreement?
24: 7 A. Vaguely.
24: 8 Q. What was your role, if any, in the
24: 9 negotiation of the terms of the license agreement
24:10 signed by you in October 31st of 2000 that's before
24:11 you as Exhibit 9084?
24:12 A. My major role was sort of a go-between
24:13 between the working attorneys and my management, and
24:14 to relay that, you know, the ongoings of the issues,
24:15 to the management, or actually just to my boss.
24:16 Q. Who was your boss?
24:17 A. At the time, it was Mr. -- Dr. C.G. Hwang.
24:18 Q. Who were the working attorneys that you
24:19 were communicating with about the 2000 negotiations?
24:20 A. Mr. Chuck Donohoe and Mr. Jay Shim.
24:21 Q. Anyone else?
24:22 A. I don't know if there's an attorney, but a

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24:23 person named U-H-M. He was one of the lower-level

24:24 managers in the legal department, in the patent
24:25 department. I think he worked for Mr. Shim.

33:20 MS. LUEDTKE: Q. Did you read the license

33:21 agreement before you signed it?
33:22 A. Not in its entirety. It's too long.
33:23 Q. Do you remember whether you read portions
33:24 of the license agreement that is deposition
33:25 Exhibit 9084 before you signed it?
34: 1 A. I may have, depending on whether the
34: 2 typical issues would be -- the lawyers will tell me
34: 3 which issues are some key issues that I need to
34: 4 understand. But I don't recall which ones they
34: 5 were. But, I mean, that's a standard process
34: 6 that -- that we would go through.
34: 7 Q. But you don't remember before signing the
34: 8 2000 license agreement with Rambus whether you read
34: 9 particular portions of that agreement that were
34:10 brought to your attention by attorneys?
34:11 A. Yes, I don't remember.

34:19 MS. LUEDTKE: Q. Do you remember whether

34:20 or not you read any portion of the license agreement
34:21 that's Exhibit 9084 prior to signing it on
34:22 October 31st, 2000?
34:23 A. I don't recall what -- what -- which
34:24 portions that I read.
34:25 Q. Do you recall that you did read portions?
35: 1 A. Honestly, I don't remember.

37: 5 Q. Describe the process that Samsung went

37: 6 through to have the board approve the license
37: 7 agreement that you ultimately signed on
37: 8 October 31st, 2000?

37:15 THE WITNESS: Okay. My personal -- which

37:16 is not 100 percent knowledgeable, you know, we ask
37:17 for approval from the head of the semiconductor
37:18 division, and that goes to approval by head of
37:19 Samsung Electronics, which is, you know, Mr. Yoon
37:20 and his board.
37:21 MS. LUEDTKE: Q. When you say "we ask for
37:22 approval from the head of the semiconductor
37:23 division," who is "we"?
37:24 A. People who are negotiating the agreement.

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37:25 But, essentially, myself and Jay Shim were the two
38: 1 people who were chasing down signatures.

207: 7 Q. Have you at any point looked at your 2000

207: 8 and 2001 notebooks to see if there are any notes in
207: 9 those notebooks related to Rambus license
207:10 negotiations?
207:11 A. I have no idea where my notebooks are.
207:12 Q. What do you typically do with your
207:13 notebooks when you finish a year, fill a notebook?
207:14 A. I may have kept it around for one year,
207:15 but typically after a year I just do a garbage flush
207:16 of all my written materials and probably gets down
207:17 into the shredder after a year or two. I don't have
207:18 an exact date. But, you know, there comes a time
207:19 when there's -- at the end of the year, some dwell
207:20 time and getting rid of paperwork.
207:21 Q. Have you at any point changed your
207:22 practice of doing a garbage flush of your written
207:23 materials after a year or so?
207:24 A. It's very random. Whenever I have -- the
207:25 drawer gets filled up, then I do a garbage flush of
208: 1 paperwork, yes.
208: 2 Q. Has anybody ever told you to keep
208: 3 materials related to Rambus?
208: 4 A. Typically, the attorneys will send out an
208: 5 e-mail when there is a -- you know, some kind of
208: 6 litigation or discovery phase that says do not
208: 7 destroy or do not throw away, that type of stuff.
208: 8 I received one, but I don't recall whether
208: 9 it was for Rambus or from something else. I did
208:10 receive one. But, you know, I think I didn't pay
208:11 much attention because it wasn't probably relevant
208:12 to me, and I'm not sure if it was for Rambus at all.

209:24 Q. If you had received any e-mails related to

209:25 licensing negotiations with Rambus in 2000 or 2001,
210: 1 do you know where those e-mails would be now?
210: 2 A. No.
210: 3 Q. Do you follow a practice with respect to
210: 4 keeping or archiving your e-mails?
210: 5 A. No.
210: 6 Q. Do you know --
210: 7 A. It just stays there. Then it
210: 8 automatically erases after a certain time off of my
210: 9 computer. Now where it goes, I don't know.

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210:20 Q. Do you give your materials now at Samsung

210:21 Semiconductor to someone else to shred?
210:22 A. No.
210:23 Q. What did you do with them?
210:24 A. I just rip them up.
210:25 Q. You shred them by hand?
211: 1 A. Yes.

211:22 MS. LUEDTKE: Q. In all of your work on

211:23 Rambus-related matters when you were at Samsung, did
211:24 you communicate with people by e-mail?
211:25 A. Yes.

212:13 Q. Have you ever given one of your notebooks

212:14 to someone to preserve or maintain?
212:15 A. No.

Total Length - 00:07:14

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