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1 K&L GATES LLP Michael J. Bettinger (Bar No. 122196) 2 mike.bettinger@klgates.com Stephen M. Everett (Bar No. 121619) 3 stephen.everett@klgates.com Curt Holbreich (Bar No. 168053) 4 curt.holbreich@klgates.com Elaine Y. Chow (State Bar No. 194063) 5 elaine.chow@klgates.com Four Embarcadero Center, Suite 1200 6 San Francisco, CA 94111 Tel: (415) 882-8200 7 Fax: (415) 882-8220 8 QUINN EMANUEL URQUHART & SULLIVAN, LLP 9 Sean Pak (Bar No. 219032) seanpak@quinnemanuel.com 10 Peter A. Klivans (Bar No. 236673) peterklivans@quinnemanuel.com 11 50 California Street, 22nd Floor San Francisco, California 94111-4788 12 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 13 QUINN EMANUEL URQUHART & 14 SULLIVAN, LLP Michael D. Powell (Bar No. 202850) 15 mikepowell@quinnemanuel.com 555 Twin Dolphin Drive, 5 th Floor 16 Redwood Shores, CA 94065 Telephone: (650) 801-5000 17 Facsimile: (650) 801-5100 18 Attorneys for Defendants & Counterclaimants STMICROELECTRONICS N.V. and 19 STMICROELECTRONICS, INC. 20 21 RAMBUS INC., 22 Plaintiff, 23 vs. 24 STMICROELECTRONICS N.V.; 25 STMICROELECTRONICS INC., 26 27 28
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QUINN EMANUEL URQUHART & SULLIVAN, LLP Thomas D. Pease (admitted pro hac vice) thomaspease@quinnemanuel.com 51 Madison Avenue, 22 nd Floor New York, NY 10010 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 QUINN EMANUEL URQUHART & SULLIVAN, LLP Robert J. Becher (Bar No. 193431) robertbecher@quinnemanuel.com 865 S. Figueroa St., 10th Floor Los Angeles, California 90017 Telephone: (213) 443-3000 Facsimile: (213) 443-3100

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION CASE NO. C 10-05449 DECLARATION OF ROBERT J. BECHER IN SUPPORT OF STMICROELECTRONICS NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT ESTABLISHING CERTAIN FINDINGS REGARDING RAMBUSS UNCLEAN HANDS BASED ON COLLATERAL ESTOPPEL Date: July 11, 2013 Time: 1:30 pm Crtrm.: Courtroom 3, 17th Floor
Case No. Case No. C 10-05449 DECLARATION OF ROBERT J. BECHER IN SUPPORT OF STMICROS MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendants.

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DECLARATION OF ROBERT J. BECHER

I, Robert J. Becher, declare as follows: 1. I am a member of the bar of the State of California and a member of Quinn

5 Emanuel Urquhart & Sullivan LLP, attorneys for defendants & counterclaimants 6 STMicroelectronics N.V. and STMicroelectronics Inc. I make this declaration of personal, 7 firsthand knowledge, and if called and sworn as a witness, I could and would testify competently 8 thereto. 9 2. On November 8-9 and 13-15, 2007, the Honorable Sue L. Robinson held a bench

10 trial on the first phase of the Micron Technology, Inc. v. Rambus Inc., Case No. 00-792 (D. Del.) 11 action, which addressed Rambus s spoliation of evidence and Micron s affirmative defense of 12 unclean hands. Almost three hundred exhibits were admitted into evidence during the phase one 13 trial. Attached as Exhibit A is a true and correct copy of the Joint List of Admitted Exhibits 14 Unclean Hands Trial, dated December 6, 2007, from the Delaware action. 15 3. Additionally, the Court heard testimony during trial (either live or by deposition)

16 from more than twenty witnesses including from Rambus witnesses who live beyond the subpoena 17 power of the Delaware court (such as Joel Karp, Lester Vincent, Sean Cunningham, Allen Roberts 18 and Dan Johnson). A true and correct copy of excerpts from the reporter s transcript of the 19 Delaware trial on November 8, 2007 is attached as Exhibit B. 20 4. A true and correct copy of excerpts from the reporter s transcript of the Delaware

21 trial on November 9, 2007 is attached as Exhibit C. 22 5. A true and correct copy of excerpts from the reporter s transcript of the Delaware

23 trial on November 13, 2007 is attached as Exhibit D. 24 6. A true and correct copy of excerpts from the reporter s transcript of the Delaware

25 trial on November 14, 2007 is attached as Exhibit E. 26 7. A true and correct copy of excerpts from the reporter s transcript of the Delaware

27 trial on November 15, 2007 is attached as Exhibit F. 28

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8.

After the trial in the first phase of the Delaware proceedings was completed, the

2 parties submitted additional testimony that became part of the trial record. A true and correct 3 copy of excerpts from the deposition testimony designated pursuant to this procedure in the 4 Delaware trial is attached as Exhibit G. 5 9. Following trial, the Court received two rounds of post-trial briefing and heard two

6 rounds of closing arguments. 7 10. Attached as Exhibit H is a true and correct copy of the Judgment in a Civil Case,

8 dated February 25, 2013 in the Micron v. Rambus case. 9 11. Attached as Exhibit I is a true and correct copy of Rambus s Notice of Appeal,

10 dated March 28, 2013 in the Micron v. Rambus case. 11 12. Attached as Exhibit J is a true and correct copy of Microns Motion for Summary

12 Judgment of Unenforceability Based on Collateral Estoppel, dated January 19, 2009. 13 13. Attached as Exhibit K is a true and correct copy of the docket report from the

14 Micron v. Rambus case printed from PACER. 15 14. Attached as Exhibit L is a true and correct copy of the Micron Courts Scheduling

16 Order Re-Setting Case for Trial, dated March 16, 2006. 17 15. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

18 on October 17, 2005 is attached as Exhibit M. 19 16. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

20 on October 18, 2005 is attached as Exhibit N. 21 17. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

22 on October 19, 2005 is attached as Exhibit O. 23 18. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

24 on October 24, 2005 is attached as Exhibit P. 25 19. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

26 on October 25, 2005 is attached as Exhibit Q. 27 20. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

28 on October 26, 2005 is attached as Exhibit R.

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21.

A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

2 on October 27, 2005 is attached as Exhibit S. 3 22. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

4 on October 28, 2005 is attached as Exhibit T. 5 23. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

6 on October 31, 2005 is attached as Exhibit U. 7 24. A true and correct copy of excerpts from the reporter s transcript of the Hynix trial

8 on November 1, 2005 is attached as Exhibit V. 9 10 25. 26. Based on the trial record, a total of 22 witnesses testified during the Hynix trial. Attached as Exhibit W is a true and correct copy of the Verdict Form from Hynix v.

11 Rambus, dated April 24, 2006. 12 27. Attached as Exhibit X is a true and correct copy of the Notice of Motion and

13 Motion of Hynix for Summary Judgment on Unclean Hands, for Relief from Order Under FRCP 14 60(b), for Entry of Judgment Under FRCP 54(b), and for Stay of Remaining Proceedings, dated 15 January 19, 2009. 16 28. Attached as Exhibit Y is a true and correct copy of the docket report from the Hynix

17 v. Rambus case printed from PACER. 18 29. Attached as Exhibit Z is a true and correct copy of the December 20, 2012 Hearing

19 Transcript from Case No. C 10-5449. 20 30. Attached as Exhibit AA is a true and correct copy of the Order Regarding the

21 Production of Privileged Documents Previously Ordered Produced entered by this Court, dated 22 December 7, 2011. 23 31. Attached as Exhibit BB is a true and correct copy of the Order Regarding the

24 Production of Documents entered by this Court, dated January 14, 2013. 25 32. Attached as Exhibit CC is a true and correct copy of a December 9, 2011 letter

26 from Peter Detre to Elaine Y. Chow and others sent in the above-referenced action. 27 28
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33.

Attached as Exhibit DD is a true and correct copy of STMicroelectronics NV and

2 STMicroelectronics Inc.'s First Amended Answer to Complaint and Counterclaims, dated March 3 26, 2013. 4 34. Attached as Exhibit EE is a true and correct copy of excerpts of

5 STMicroelectronics NV and STMicroelectronics Inc.'s First Supplemental Response to 6 Interrogatory No. 7 and Second Supplemental Responses to Interrogatory Nos. 8-9, dated March 7 8, 2013. 8 35. Although Rambus appealed from the International Trade Commissions decision in

9 Investigation No. 337-TA-753, it did not contest the Commissions decision on unclean hands. 10 Attached as exhibit FF is a true and correct copy of the May 23, 2013 Nonconfidential Brief for 11 Appellant Rambus Inc. in Case No. 12-1677 before the Federal Circuit. 12 36. Attached as exhibit GG is a true and correct copy of the public version of the Initial

13 Determination on Violation of Section 337 and Recommended Determination on Remedy and 14 Bond in ITC Investigation No. 337-TA-753. 15 37. Attached as exhibit HH is a true and correct copy of the public version of the

16 Commission Opinion in ITC Investigation No. 337-TA-753, dated July 31, 2012. 17 I declare under penalty of perjury under the laws of the State of California that the

18 foregoing is true and correct. 19 20 21 22 23 24 25 26 27 28

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Executed June 6, 2013, at Los Angeles, California.

/s/ Robert Becher Robert J. Becher

Case No. Case No. C 10-05449 -5DECLARATION OF ROBERT J. BECHER IN SUPPORT OF STMICROS MOTION FOR PARTIAL SUMMARY JUDGMENT

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E-FILING ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a

3 "conformed" signature (/s/) within this e-filed document. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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/s/ Peter Klivans Peter Klivans

Case No. Case No. C 10-05449 -6DECLARATION OF ROBERT J. BECHER IN SUPPORT OF STMICROS MOTION FOR PARTIAL SUMMARY JUDGMENT