Hynix v. Rambus (San Jose, CA)

Order Re: Further In Camera Review Of Documents Submitted Pursuant to October 19, 2004 Order

For the reasons set forth above,

1. The motion to compel Hynix to produce entries 93, 126, 129, 132, 135-137, 141, 143-141 (sic) and 153 is granted.
2. The motion to compel Hynix to produce entries 4-6 is granted in part. Hynix shall produce entries 4-6 with only item 5 redacted.
3. The motion to compel Hynix to produce entries 3, 10, 61, 122, and 133 is denied.
4. The motion to compel Hynix to produce unredacted copies (or copies with less redactions) of entries 68, 70, 84-87 and 122 is denied.
5. The motion to compel Hynix to produce entries 18, 21, 23, 25, 26, 29, 30, 33-35, 59, 62-67, 88, 125, 128 and 130, which are found to contain factual work product, is denied. Nothing in this order shall preclude Rambus from filing a separate motion to compel production of these entries.
6. The motion to compel Hynix to produce unredacted copies of entries 22, 69 and 73-76, which are found to contain factual work product, is denied. Nothing is this order shall preclude Rambus from filing a separate motion to compel production of these entries.
7. Counsel for Rambus shall file this order and serve opposing counsel and the court with filed-endorsed copies. Counsel for Rambus shall ensure that prior to filing, any and all appropriate measures are taken to avoid disclosure of confidential information.

IT IS SO ORDERED.

Dated: 4/22/05

/s/
Hon. Read Ambler (Ret.)
Special Master

Donkey Notes:

Rambus: Outright wins – 20 (see paragraphs #1 & #2)

Rambus Partial win – 1 (see paragraph #2)

Hynix: Outright wins – 12 (see paragraphs #3 & #4)

Hynix: Wins subject to motion by Rambus to compel production – 27 (see paragraphs #5 & #6)

Rambus may file a motion asking the court to compel Hynix to produce 27 entries because of

“a substantial need for the documents and that it is unable without undue hardship to obtain the substantial equivalent of the documents by other means.” (p.15, l. 14).

Redactions: 44? +/-

Included on the service list: Nathanael M. Cousins, Esq.