Rambus v. Infineon (VAII) - Hynix's motion for access to demonstratives

Docket:

05/06/2005 1053 MEMORANDUM OPINION. Signed by Judge Robert E. Payne on May 6, 2005. (cgar, ) (Entered: 05/06/2005)

05/06/2005 1054 ORDER granting [1008] Motion for Acces to Copies of Demonstrative Exhibits Used in Open Court (Docket No. 1008) . Signed by Judge Robert E. Payne on May 6, 2005. (copies mailed yes and by facsimile) (cgar, ) (Entered: 05/06/2005)

Snips from Judge Payne's Opinion . . .

Memorandum Opinion (link)

This matter is before the Court on intervenor Hynix Semiconductor. Inc.’s (“Hynix”) Motion For Access to Copies of Demonstratives Used in Open Court (Docket No.
1008).


FACTS AND BACKGROUND

On February 4 and 5, 2005, there was a hearing on Infineon’s Motion to Dismiss Rambus’ Patent Infringement Claims Based on Rambus’ Willful Destruction of Evidence and other Litigation Misconduct (the “Hearing”). . . .

Following the Hearing, Hynix requested copies of the demonstrative slides used by the parties, specifically requesting a copy of the slides used by Infineon. Infineon stated that it had no objection and was wiling to provide Hynix with copies of the demonstrative slides. Rambus, however, refused to consent to give Hynix access to the slides, explaining that many of the documents excerpted in the slides, were governed by a joint protective order whereby the parties agreed not to publicly release disputed attorney-client materials until trial, unless so ordered by the Court. Upon receiving Rambus’ response, Hynix filed this motion. Hynix and Rambus agreed to submit the motion on the briefs and therefore no hearing has taken place.

DISCUSSION

. . . those demonstrative exhibits are part of the public record.

There is a presumption in favor of openness with respect to judicial proceedings. . .
.

The Court determined at the Hearing, after balancing the interests involved, that the public was entitled to access. . . .

As also discussed above, these transcripts and exhibits were largely, if not entirely, duplicative of those admitted in the subsequent haring (sic) on the issue of unclean hands. . . .

There is no allegation that the slides have been sought for an improper purpose and clearly the public already has had access to the information contained in the documents; . . .

For the foregoing reasons, Hynix’s Motion for Access to Copies of Demonstrative Exhibits Used in Open Court is hereby granted. . .

Robert E. Payne
United States District Judge