Case: 12-1677

Document: 73

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IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT RAMBUS INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and GARMIN INTERNATIONAL, INC., LSI CORPORATION, SEAGATE TECHNOLOGY LLC, STMICROELECTRONICS N.V., STMICROSELECTRONICS INC., CISCO SYSTEMS, INC., HGST, INC., and HEWLETTPACKARD COMPANY, Intervenors. APPELLANT RAMBUS INC.S PARTIALLY UNOPPOSED MOTION FOR A 60-DAY EXTENSION OF TIME TO FILE ITS OPENING BRIEF Pursuant to Federal Rule of Appellate Procedure 26(b) and this Courts Local Rule 26(b), Appellant Rambus Inc. respectfully moves for a 60-day extension of time to file its opening brief. The opening brief is currently due on January 7, 2013. If this motion is granted, the opening brief will be due on March 8, 2013. Appellant Rambus has not previously sought an extension for its opening brief. Counsel for Appellant Rambus has informed Appellee International Trade No. 2012-1677

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Commission and the Intervenors of the extension request. The International Trade Commission and Intervenors Garmin International, Inc. and HGST, Inc. have indicated that they do not oppose the motion. Intervenors LSI Corporation,

Seagate Technology LLC, STMicroelectronics N.V., STMicroelectronics Inc., Cisco Systems, Inc., and Hewlett-Packard Company offered no response to Rambuss requests for consent to the motion. The case is an appeal from a final determination of the International Trade Commission (the Commission), in an investigation concerning U.S. Patent Nos. 6,470,405, 6,591,353, 7,287,109, 7,602,857, 7,602,858, and 7,715,494. The appeal involves complex technological and legal issues, and the underlying record is extremely large. For example: The hearing before the Commission lasted seven days and produced 2,577 transcript pages; there are 8,745 admitted exhibits that take up 19.5 GB of hard drive space; and the Certified List itself is 172 pages long and lists 780 documents. Lead counsel in this Court did not participate in the proceedings before the Commission and was retained only afterward for purposes of this appeal. The additional time is necessary for counsel of record to further familiarize himself with the legal and factual issues raised by this case, and because counsel has been heavily engaged with the press of other matters. The additional time is also necessary because of the proximity of the current due date to the holiday period. Several of Rambuss attorneys with significant responsibility for the

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appeal will be traveling during the holidays with limited availability, and Rambus itself will be closed in the week between Christmas and New Years. Pursuant to this Courts Local Rule 26(b)(5), a declaration in support of this motion is attached. Accordingly, Appellant Rambus respectfully requests a 60-day extension of time to file its opening brief, to and including March 8, 2013. December 17, 2012 Respectfully submitted, /s/ Jeffrey A. Lamken Jeffrey A. Lamken Counsel of Record MOLOLAMKEN LLP The Watergate, Suite 660 600 New Hampshire Avenue, N.W. Washington, D.C. 20037 (202) 556-2000 (telephone) (202) 556-2001 (facsimile) jlamken@mololamken.com Counsel for Appellant Rambus Inc.

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IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT RAMBUS INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and GARMIN INTERNATIONAL, INC., LSI CORPORATION, SEAGATE TECHNOLOGY LLC, STMICROELECTRONICS N.V., STMICROSELECTRONICS INC., CISCO SYSTEMS, INC., HGST, INC., and HEWLETTPACKARD COMPANY, Intervenors. DECLARATION OF MICHAEL G. PATTILLO, JR. IN SUPPORT OF APPELLANT RAMBUS INC.S PARTIALLY UNOPPOSED MOTION FOR A 60-DAY EXTENSION OF TIME TO FILE ITS OPENING BRIEF I, Michael G. Pattillo, Jr., hereby declare: 1. I am a partner in the law firm MoloLamken LLP, and counsel No. 2012-1677

for Appellant Rambus Inc. I am over the age of 18 and have personal knowledge of the matters set forth herein.

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2.

I submit this declaration in support of Appellant Rambus Inc.s

Partially Unopposed Motion for a 60-day Extension of Time To File Its Opening Brief. 3. Rambus has not previously sought an extension to file its

opening brief. 4. Undersigned counsel for Appellant Rambus has informed

Appellee International Trade Commission and the Intervenors of the extension request. The International Trade Commission and Intervenors Garmin International, Inc. and HGST, Inc. have indicated that they do not oppose the motion. Intervenors LSI Corporation, Seagate Technology LLC, STMicroelectronics N.V., STMicroelectronics Inc., Cisco Systems, Inc., and Hewlett-Packard Company offered no response to Rambuss requests for consent to the motion. 5. The additional time is necessary for counsel of record to further

familiarize himself with the legal and factual issues raised by this case. The record, moreover, is extremely large: The hearing before the Commission lasted seven days and produced 2,577 transcript pages; there are 8,745 admitted exhibits that take up 19.5 GB of hard drive space; and the Certified List itself is 172 pages long and lists 780 documents. Lead counsel in this

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Court did not participate in the proceedings before the Commission and was retained only afterward for purposes of this appeal. 6. The additional time is also necessary because counsel is and has

been heavily engaged with the press of other matters, including matters before this Court. Those matters include, among others: an opening brief in Rambus, Inc. v. Kappos, No. 12-1480, currently due in this Court on January 17, 2013; an amicus curiae brief in Fox Broadcasting Co. v. Dish Network LLC, No. 12-57048, currently due in the Ninth Circuit on December 20, 2012; a consolidated brief in opposition to multiple government motions in limine in U.S. v. Farha et al., No. 8:11-cr-00115, currently due in the Middle District of Florida on December 17, 2012; a reply brief in Jaffe v. Samsung Electronics Co., Ltd., No. 12-1802, filed in the Fourth Circuit on December 13, 2012; and an opening brief in Windstream Corp. v. FCC, No. 11-9900, filed in the Tenth Circuit on December 10, 2012. 7. The additional time is further necessary because of the

proximity of the current due date to the holiday period. Several of Rambuss attorneys with significant responsibility for the appeal will be traveling during the holidays with limited availability, and Rambus itself will be closed in the week between Christmas and New Years.

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8.

A 60-day extension will give counsel the necessary time to

prepare the brief and give Rambus the necessary time to go through internal procedures to approve the brief for filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on: December 17, 2012, in Washington, D.C. /s/ Michael G. Pattillo, Jr. Michael G. Pattillo, Jr. MOLOLAMKEN LLP The Watergate, Suite 660 600 New Hampshire Avenue, N.W. Washington, D.C. 20037 (202) 556-2000 (telephone) (202) 556-2001 (facsimile) mpattillo@mololamken.com Counsel for Appellant Rambus Inc.

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CERTIFICATE OF SERVICE I hereby certify that, on the 17th day of December, 2012, I electronically filed the foregoing Appellant Rambus, Inc.s Partially Unopposed Motion for a 60-Day Extension of Time to File Its Opening Brief by using the CM/ECF system, which will send a notice of electronic filing to ECF registered participants.

/s/ Jeffrey A. Lamken Jeffrey A. Lamken Counsel for Appellant Rambus Inc.