Case 3:08-cv-03343-SI Document 47 Filed 11/14/2008 Page 1 of 3
1 I. NEEL CHATTERJEE (STATE BAR NO. 173985)
nchatterjee@[Link]
2 DEBORAH E. FISHMAN (STATE BAR NO. 197584)
dfishman@[Link]
3 ROBERT W. RICKETSON (STATE BAR NO. 148481)
rricketson@[Link]
4 ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
5 Menlo Park, CA 94025
Telephone: +1-650-614-7400
6 Facsimile: +1-650-614-7401
7 KAREN D. THOMPSON (NY STATE BAR NO. 4242814)
(Admitted Pro Hac Vice)
8 kthompson@[Link]
ORRICK, HERRINGTON & SUTCLIFFE LLP
9 666 Fifth Avenue
New York, NY 10103-0001
10 Telephone: +1-212-506-5000
Facsimile: +1-212-506-5151
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Attorneys for Defendant
12 NVIDIA Corporation
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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RAMBUS, INC., Case No. C-08-03343 SI
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Plaintiff, DECLARATION OF DEBORAH E.
19 FISHMAN IN SUPPORT OF
v. MOTION TO CONTINUE CASE
20 MANAGEMENT CONFERENCE
NVIDIA CORPORATION,
21 (CIVIL LOCAL RULE 6-3)
Defendant.
22 Date: N.A.
Time: N.A.
23 Judge: The Hon. Susan Illston
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DECLARATION OF DEBORAH E. FISHMAN
C-08-03343 SI
Case 3:08-cv-03343-SI Document 47 Filed 11/14/2008 Page 2 of 3
1 I, Deborah E. Fishman, declare as follows:
2 1. I am a member of the California State Bar and a partner of the law firm of
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Orrick, Herrington & Sutcliffe LLP, counsel for defendant NVIDIA Corporation (“NVIDIA”) in
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this matter. I submit this declaration in support of NVIDIA’s motion to continue the initial case
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management conference in this action. I make this declaration of my own personal knowledge
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7 and if called to testify to the truth of the matters herein, I could and would do so competently.
8 2. Another action between these parties is now pending in the Middle District
9 of North Carolina, NVIDIA Corporation v. Rambus, Inc., 08-00473 (“the Carolina Action”).
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Rambus filed a motion to dismiss the Carolina Action and a motion to transfer it to the Northern
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District of California. Those motions are fully briefed.
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3. On October 31, 2008, NVIDIA filed a motion with the Carolina court
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requesting expedited resolution of the motions pending before it. On November 3, 2008, Rambus
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15 filed a response to that motion opposing certain aspects, but expressly joining in NVIDIA’s
16 request for expedited consideration of the transfer motion. Attached hereto as Exhibit A is a true
17 and correct copy of that brief submitted by Rambus in the Carolina Action.
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4. On November 13 and 14, 2008, I engaged in an exchange of email and a
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telephone conference with counsel for Rambus to attempt to reach agreement to continue the
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CMC in this action. Counsel for Rambus was unwilling to agree to continue the CMC date, but
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22 stated that he would present the matter to his client. I informed counsel for Rambus that in the
23 interests of reaching speedy resolution on the matter, NVIDIA would proceed with the filing of
24 this motion, but that if Rambus were subsequently willing to agree to a continuance, the motion
25 would be withdrawn and the parties will seek the continuance by stipulation. True and correct
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copies of the email correspondence and my letter confirming the telephone conference are
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attached hereto as Exhibits B and C.
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DECLARATION OF DEBORAH E. FISHMAN
-2- C-08-03343 SI
Case 3:08-cv-03343-SI Document 47 Filed 11/14/2008 Page 3 of 3
1 5. There has been one prior continuance in this action: the parties stipulated
2 to an extension of approximately 30 day for the filing of NVIDIA’s initial responsive pleadings.
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In exchange, Rambus’s time to respond to the Carolina action was similarly extended. If the
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continuance requested in this motion is granted, it will delay the initial CMC by the length of the
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continuance, but NVIDIA believes that the overall progress of the case towards ultimate
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7 disposition will be more efficient and timely.
9 I declare under the penalty of perjury under the laws of the United States of America that
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the foregoing is true and correct.
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Executed this 14th day of November 2008, in Menlo Park, California.
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16 /s/ Deborah E. Fishman /s/
Deborah E. Fishman
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OHS West:260550836.1
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DECLARATION OF DEBORAH E. FISHMAN
-3- C-08-03343
