UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C.

Before The Honorable Theodore R. Essex

Administrative Law Judge

In the Matter of

CERTAIN SEMICONDUCTOR CHIPS

HAVING SYNCHRONOUS DYNAMIC Investigation No. 337-TA-661
RANDOM ACCESS MEMORY
CONTROLLERS AND PRODUCTS
CONTAINING SAME

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE

Pursuant to Order No. 2, and the Court’s instructions at the January 30, 2009, Preliminary

Conference, counsel for Complainant Rambus Inc., counsel for Respondents NVIDIA

Corporation (“NVIDIA”), Asustek Computer Inc., Asus Computer International, Inc., BFG

Technologies, Inc., Biostar Microtech (U.S.A.) Corporation, Biostar Microtech International

Corporation, Diablotek Inc., EVGA Corporation, G.B.T. Inc., Giga-Byte Technology Co., Ltd.,

Hewlett-Packard Company, MSI Computer Corporation, Micro-Star International Company,

Ltd., Palit Multimedia Inc., Palit Microsystems Ltd., Pine Technology Holdings, Ltd., and

Sparkle Computer Company, Ltd. (collectively, “Respondents”), and the ITC Staff have

conferred regarding a procedural schedule that includes dates for each of the events set forth in

Ground Rule 2, taking into consideration the anticipated hearing date and target date for this

investigation as set in Order No. 5, and the anticipated Markman hearing date of March 24-25,

2009. The parties have agreed upon the proposed procedural schedule below.

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 1

I. AGREED-UPON PROCEDURAL SCHEDULE

Event Proposed Date

First settlement conference on or before February 10, 2009

Complainant and Respondents exchange identification

February 10, 2009
of proposed terms for claim construction1

Complainant and Respondents exchange preliminary

February 17, 2009
claim constructions for identified terms

Submission of first settlement conference joint report 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

Complainant’s and Respondents’ responsive briefs

March 12, 2009
regarding disputed claim terms

Staff’s responsive brief regarding disputed claim terms 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

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

Submission of Markman joint proposed claim

March 31, 2009
construction chart

File identification of expert witnesses, including their

April 30, 2009
expertise and curriculum vitae

Second settlement conference on or before May 1, 2009

Submission of second settlement conference joint report May 8, 2009

1
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.

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 2

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

Fact discovery cutoff and completion May 26, 2009

File notice of prior art May 29, 2009

Exchange of initial expert reports (identify

May 29, 2009
tests/surveys/data)

Deadline for motions to compel fact discovery June 2, 2009

Exchange of rebuttal expert reports June 12, 2009

Cut-off date for responses to contention interrogatories June 12, 2009

Deadline for filing summary determination motions 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 July 8, 2009

Submit and serve direct exhibits (including witness

statements), with physical and demonstrative2 exhibits July 10, 2009
available -- Complainant(s) and Respondent(s)

Third settlement conference 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)

2
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.

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 3

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 limine August 4, 2009

File high priority objections statement August 6, 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 10, 2009

File responses to motions in limine August 11, 2009

Submission of declarations justifying 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

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 4

 Respectfully submitted,

FINNEGAN, HENDERSON, FARABOW

GARRETT & DUNNER, LLP

Dated: February 5, 2009 By: /s/ Kathleen A. Daley (with permission)_

J. Michael Jakes
Doris Johnson Hines
Christine E. Lehman
Kathleen A. Daley
Naveen Modi

Finnegan, Henderson, Farabow

Garrett & Dunner, LLP
901 New York Ave., N.W.
Washington, D.C. 20001
Telephone: 202-408-4000
Facsimile: 202-408-4400

ATTORNEYS FOR COMPLAINANT

Respectfully submitted,

FISH & RICHARDSON P.C.

Dated: February 5, 2009 By: /s/ Andrew R. Kopsidas___________

Ruffin B. Cordell
Brian R. Nester
Andrew R. Kopsidas
Jeffrey Whieldon
Kori Anne Bagrowski
Peter J. Sawert
FISH & RICHARDSON P.C.
1425 K Street, N.W., Suite 1100
Washington, D.C. 20005
Telephone: 202-783-5070
Facsimile: 202-783-2331

Anita E. Kadala

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 5

 Wasif Qureshi
FISH & RICHARDSON P.C.
1221 McKinney Street, Suite 2800
Houston, TX 77010
Telephone: 713-654-5300
Facsimile: 713-652-0109

Joshua Masur
Leeron Kalay
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: 650-839-5070
Facsimile: 650-839-5071

Michael Chibib
David Hoffman
Josh Tucker
FISH & RICHARDSON P.C.
One Congress Plaza, Suite 810
111 Congress Avenue
Austin, Texas 78701
Telephone: 512-472-5070
Facsimile: 512-320-8935

Timothy Devlin
FISH & RICHARDSON P.C.
222 Delaware Avenue, 17th Floor
P.O. Box 1114
Wilmington, DE 19899-1114
Telephone: 302-652-5070
Facsimile: 302-652-0607

ATTORNEYS FOR RESPONDENTS

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 6

 Respectfully submitted,

Dated: February 5, 2009 By: /s/ Vu Q. Bui

Lynn I. Levine, Director
T. Spence Chubb, Supervisory Attorney
Vu Q. Bui, Investigative Attorney
OFFICE OF UNFAIR IMPORT
INVESTIGATIONS
U.S. International Trade Commission
500 E Street, S.W., Suite 401
Washington, D.C. 20436
Telephone: 202-205-2582
Facsimile: 202-205-2158

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE—PAGE 7

 CERTIFICATE OF SERVICE

I hereby certify that on February 5, 2009, a copy of

JOINT PROPOSED AMENDED PROCEDURAL SCHEDULE

___________________________

was served on the following as indicated

Marilyn R. Abbott Via Hand Delivery

Secretary Via U.S. Mail
U.S. International Trade Commission Via Overnight Delivery
500 E. Street, S.W., Room 112-F Via Electronic Mail
Washington, DC 20436 Via Facsimile
Via Electronic Docket Filing
Not Served

The Honorable Theodore R. Essex Via Hand Delivery (2 Copies)

Administrative Law Judge Via U.S. Mail
U.S. International Trade Commission Via Overnight Delivery
500 E Street, S.W., Room 317-F Via Electronic Mail
Washington, DC 20436 Via Facsimile
Via Electronic Docket Filing
Email to Tamara.Lee@usitc.gov Not Served

Vu Bui, Esq. Via Hand Delivery

Office of Unfair Import Investigations Via U.S. Mail
U.S. International Trade Commission Via Overnight Delivery
500 E Street, S.W., Room 401-R Via Electronic Mail
Washington, DC 20436 Via Facsimile
E-mail: Vu.Bui@usitc.gov Via Electronic Docket Filing
Not Served

1
J. Michael Jakes Via Hand Delivery
Doris Johnson Hines Via U.S. Mail
Christine E. Lehman Via Overnight Delivery
Kathleen A. Daley Via Electronic Mail
Naveen Modi Via Facsimile
FINNEGAN, HENDERSON, FARABOW, Via Electronic Docket Filing
GARRETT & DUNNER, L.L.P. Not Served
901 New York Avenue, N.W.
Washington, D.C. 20001-4413
Telephone: (202) 408-4000
Facsimile: (202) 408-4400
E-mail: ITC661-Service@finnegan.com

Counsel for Complainant Rambus Inc.

___/s/ Andrew R. Kopsidas__

Andrew R. Kopsidas