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EXHIBIT C

Case 5:05-cv-00334-RMW Document 3151-4 Filed 01/26/2009 Page 1 of 58

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EXHIBIT D


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EXHIBIT E


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EXHIBIT F


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EXHIBIT G


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EXHIBIT H


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EXHIBIT I


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Micron Technology, Inc. v.Rambus, Inc.

TrialVolume 5November 15, 2007

Hawkins Reporting Service715 N King StreetSuite 3

Wilmington, DE 19801(302) 658-6697

Original File MICRON-l.TXT, 335 PagesMin-U-Script File ID: 2147962101

Word Index included with this Min-U-Script


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rialVolume 5November 15, 2007bjecting to that.We're not compmining

[5] about that.[6] We're contending there was a pmn [7[or litigation.Mr. Karp, carrying ou t that[8] pmn, instructedhis lawyers to destroytheir [9] meso[10]That's ou r complaint.[11] MR. CAULEY:And Your Honor, I [12]the testimonythat's comein orthe[13] argument that's been made by Micron is tha t the [14] licensing inherentlyeads to litigation. And I [15] think anexpert who would talk about cleaning[16] patent mes in the context of aicensing [17] program is relevant.[18] THE COURT: Well, I' ll tell you [19]I 'l l take a look at his report.[20] I'll take a look at the master. [21] Hecan't come on yet. Hewasn't called andthey [22] might no t be ready for it.[23] So let me spend some time doing [24]that, and you can do whatever else youwould do.

Paga1426[I ] And I'll make a decisionmomentarily.[2] MR. CAULEY:Thank you, Your [3]Honor.[4] Should we call our next witness, [5]Honor?[6] THE COURT: Sure.[7] MR. STONE:YourHonor,transition [8]s ta tement to a brief read-in from adeposition 19] ofMr. Crisp.Yesterday youwill recall there [10] was an issue or theday before raised as to when [11] i t wasknown, in connection with Mr. Roberts'[12] 2001 deposition,when itwas knownthatRambus [13]wasamemberof]EDEC.And th e testimony we [14] would readbears on the question ofwhen itwas [15]known that Rambus was a member of[16] The deposition from which we will[17] read is a deposition taken ofRichardCrispon [18]November8thof2000intheInfineon case.And [19] we will read fromthat deposition at Page 213, [20] Line 3through 8.And Mr. McAIeenan will read[21] the answer i f I can read the question.It's so [22] shorts, we'll just do it fromhere, i f you like.[23] THE COURT:All right.That's [24] fine.

Paga1427[I ] (Beginning of read-in deposition [2]excerpt:)[3] Q: But you do knowthat eventually [4]Rambus became a member of ]EDEC;right?[5] A: That's right.[6] Q: Do you knowwhen that was?[7] A: Iknowwewereamemberbythe [8]time I s ta rt ed a ttending meetings in1992.Page 1426 - Page 1431 (10)

[9] MR. STONE:That concludes th e [10]read in,Your Honor.Thank you.[11] MR. CAULEY:Your Honor, our nextwitness [121 isAlanBrill.[13] THE COURT: AIl right.[14[ THE CLERK: Please remain standing[15] and pmce your hand on the Bible.Please state [16] and spell your name forth e record.[17] THE WITNESS: My name is Alan [18]EdwardBrill. SpelledA-L-A-NE-D-W-A-RDBas [19] in boy R-I-L-L.

Paga1428[I ] ALAN EDWARD BRILL, [2] th e deponent herein, having first [3] been dulysworn on oath, was [4] examined andtestified as follows:[5] DIRECT EXAMINATION[6] BY MR. CAULEY:[7] Q: Mr.Brill,where are youcurrently [B]employed?[9] A: I'm employedby Kroll Ontrack, [10]Inc.[11] Q:What is Kroll Ontrack?[12] A: Kroll Ontrack is the technology[13] portion of our Kroll, Incorporated.[14] Q:What is your position at Kroll [15]Ontrack?[l6] A: I'm a senior managing director.[17] Q:Were you a managing director of[IB] Kroll back in 1998,which is th e timeperiod [19] relevant to th e litigation?f20] A: Yes, sir, I was.[21] Q:What services do you personally[22] provide to clients ofKroll?[23] A: My field is computer security.I [24]work in helping clients to deal withcomputer

Paga1429[I ] security incidents and I work in thearea of [2] computer forensics.[3] MR. CAULEY:And can you hand the[4] exhibit, th e witness Exhibit 288.[5] BY MR. CAULEY:[6] Q: Mr. Brill, is this a copy of your 17]curriculumvitae?[81 A: Yes, sir, it is.[9] Q: Is it accurate?[10] A: I believe so, yes.[11] Q: When did you joinKroll?[12] A: I joinedKroll in mid 1998. I'm [13]sorry, 1988.[14] Q: And I takei tyouconduct security[15] audits for companies?[16] A: Yes, sir.[17] Q: Over the years, how many companies [IB] have you provided securityaudits for?[19] A: Several hundred, I would say.

Min-U-Script

Micron Technology, Inc. v.Rambus, Inc.

[20] Q: What is your security audit?[21] A: Asecurity auditis going in and [22]looking at the way that a companysecures its [23] assets. In my case I lookprimarilyat theway [24] that they secureinformation assets to determine

Paga1430[I ] whether they are taking the stepsnecessary to [2] appropriately protect it.[3] Q: And how long have you been [4]conducting security audits for yourclients?[5] A: Ihave beendoingsecurityaudits [6]since the mid I970s.[7] Q: Did Kroll do work forRambus?[8] A: Kroll did.[9] Q: Andwhen didKroll dowork for [10]Rambus?[11] A: Ibelieve itwas inthe earlypart [12]ofl998.[13] Q: Were you personally involved in[14] that work?[15] A: Yes, sir, Iwas.[16] Q: What type of work did Kroll [17]perform, or did you personallyperformfor [lB] Rambus as a representative ofKroll?[19] A: I performed a brief on site [20]information security review.[21] Q: Who fromRambusfirst contacted[22] you about conducting a securi tyreview?[23] A: It was Mt.]oel Karp.[24] Q: When did Mr. Karp contact you?

Paga1431[I ] A: It would have been in the early [2]part of that year.[3] Q:What did Mr. Karp say to youwhen[4] he contacted you?[5] A: Mr.Karp toldme thathe felt that [6]it would be useful to have somebodytake a look 17] at the security of information at Rambus, that [B] it was aremtively new organization that was [9]made up of a lo t of people who hadcome from (10) academia and engineeting and that they were at a [11]pointwhere they needed to have somebody look at [12] the level ofprotectionthat they were providing [13] to theirintellectual property.[14] Q: And this conversation took pmce[15] in early 1998?[16] A: Yes, sir, that's correct.[17] Q: Andwhen you spoke to Mr. Karpin [18] early 1998, did you have anunderstandingas to [19] how long he hadbeen at Rambus?[20] A: My understandingwas that it was[21] not long.[22] Q: Did Mr. Karp say anything to you

(


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Micron Technology, Inc. v.Rambus, Inc.sure the [8] transcript of the trial wasdone.So i fyou [9] need a littlemore time,that's fine, as long as [10] it's part of therecord.[11] MR. PRICE: That iswhatwe were [12]justtalking about.[13] THE COURT:Well, before the 30th.[14] MR. STONE: With the Court's [15] indulgence, we will have them in wellbefore the [16] 30th.But i fwe couldhavea little leeway from [17] Tuesday, that'sfine.[18] MR. STONE:We'd appreciate it.[19] THE COURT: That's fine aslongas [20]you do it as an agreed-upon package.[21] MR. PRICE:Yeah.[22] MR. STONE:Yeah.We understand.[231 THE COURT: All right.All right.[24] MR. STONE:Thank you,YourHonor.

Page 1710[I] THE COURT: All right. Thank you [2]very much, counsel. And I've got to getou t of [31mycomputer,sogo,home.Havea wonderful [4]Thanksgiving.[5]We'll see you on the 30th.[6] MR. STONE:You, too.Thank you.[7] (Deposition concluded at 3:50 [8]p.m.)

Page 1711Sialeof Delaware)NewCastle County)CERTIFICATE OF REPORTER

I, Heather M. Triozzi, RegisteredProfessional Reporter, Certified Shorthand Reporter,and Notary Publlc, do hereby certify thai theforegoing record, pages 1,3n to 1,711 Inclusive, Isa true and accuratet ranscr ipt of my stenographicnoles taken on November 15, 2007, in theabove-eaptioned matter.IN WITNESSWHEREOF, J have hereunto sel myhand and seal this 15th day of November, 2007, atWilmington.Heather M. Triou!, RPR, GSACert. No. 184-PS

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Trial VolumeNovember 15, 20

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EXHIBIT J


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EXHIBIT K


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