Rambus Incorporated

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF RAMBUS INCORPORATED ORDER DENYING COMPLAINT COUNSEL’S PETITION TO MODIFY THE SCHEDULE IN THE COMMISSION’S JULY 20, 2005 ORDER On July 20, 2005, the Commission entered an order reopening the record to admit supplemental evidence and directing a schedule for briefing and other filings related to such supplemental evidence. On July 28, 2005, Complaint Counsel filed a Petition asking the Commission to suspend that schedule, in light of Rambus’s ongoing production to Complaint Counsel of documents Rambus recently found on its computer back-up devices and produced to the plaintiff in Hynix Semiconductor Inc. v. Rambus Inc., Dkt. No. CV 00-20905 RMW (N.D. Cal.). Complaint Counsel state that they expect to be able to file a motion to admit some of these documents into the record of this proceeding by September 9, 2005, and request that the Commission postpone the briefing directed by the July 20 Order until a time at which such briefing could also address any documents produced by Rambus in the Hynix litigation which may be admitted into the record. In its July 29, 2005 Response, Rambus does not object to suspending the July 20 Order schedule, but indicates that it will oppose a subsequent motion to reopen the record to admit supplemental evidence from the Hynix litigation. Completeness of the record, burden to the parties, and expeditious disposition of matters pending before the Commission must be balanced in order to resolve the issues raised by this Petition. The Commission does not, on balance, believe that delaying its consideration of the supplemental evidence that has already been admitted to the record of this proceeding is warranted and has, therefore, determined that the July 20 Order schedule for the briefing of issues related to that supplemental evidence should not be modified. While Complaint Counsel may at a future date seek to reopen the record to admit additional documents currently VOLUME 140 Order being produced by Rambus in discovery in the Hynix litigation,1 there is no need to suspend the briefing of issues related to documents already admitted into the record. Accordingly, IT IS ORDERED THAT Complaint Counsel’s Petition to Modify the Schedule in the Commission’s July 20, 2005 Order be, and it hereby is, DENIED.

1 This disposition of the Petition should not be construed to express any view on whether the record can or should be reopened at a later date to admit materials that are currently being produced by Rambus in discovery in the Hynix litigation. VOLUME 140 Order