PUBLIC UNITED STATES OF AMERICA BEFORE THE FEDERAL TR

Document Sample
PUBLIC UNITED STATES OF AMERICA BEFORE THE FEDERAL TR Powered By Docstoc
					                                                                                          PUBLIC

                             UNITED STATES OF AMERICA
                        BEFORE THE FEDERAL TRADE COMMISSION



                                                )
In the Matter of                                )
                                                )             Docket No. 9302
RAMBUS INCORPORATED,                            )
    a corporation.                              )
                                                )



 MOTION BY RESPONDENT RAMBUS INC. FOR LEAVE TO FILE A REPLY BRIEF
   IN SUPPORT OF ITS MOTION TO COMPEL MICRON TECHNOLOGY, INC.
           TO PRODUCE DRAM PRICE-RELATED DOCUMENTS


       Pursuant to Rule 3.22(c) of the Federal Trade Commission Rules of Practice for

Adjudicative Proceedings, respondent Rambus Inc. respectfully requests leave to file a short reply

in support of its Motion To Compel Micron Technology, Inc. to Produce DRAM Price-Related

Documents. The proposed brief is limited to a discussion of new issues raised by Micron

Technology, Inc. (“Micron”) in its opposition brief regarding the relevance of the documents

sought. In particular, Micron relies upon correspondence between Complaint Counsel and

Rambus’s counsel that was sent after Rambus filed its motion to compel and that Rambus could

not, therefore, address in its opening brief.

                                                Respectfully submitted,



                                                _______________________________________
                                                Gregory P. Stone
                                                Steven M. Perry
                                                Sean P. Gates
                                                Peter A. Detre
                                                MUNGER, TOLLES & OLSON LLP
                                                355 South Grand Avenue, 35th Floor
                                                Los Angeles, California 90071
                                                (213) 683-9100
                               A. Douglas Melamed
                               IJay Palansky
                               Kenneth A. Bamberger*
                               Jacqueline M. Haberer
                               WILMER, CUTLER & PICKERING
                               2445 M Street, NW
                               Washington, DC 20037-1402
                               (202) 663-6000

                               Sean C. Cunningham
                               John M. Guaragna
                               GRAY, CARY, WARE & FREIDENRICH LLP
                               401 "B" Street, Suite 2000
                               San Diego, California 92101
                               (619) 699-2700

                               Counsel for Respondent Rambus Inc.

December 3, 2002


* Admitted in MA and NY only




                                 2
                                                                                     PUBLIC

                           UNITED STATES OF AMERICA
                      BEFORE THE FEDERAL TRADE COMMISSION



                                          )
In the Matter of                          )
                                          )             Docket No. 9302
RAMBUS INCORPORATED,                      )
    a corporation.                        )
                                          )


    [PROPOSED] ORDER GRANTING MOTION BY RESPONDENT RAMBUS INC.
      FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION TO
                 COMPEL MICRON TECHNOLOGY, INC. TO
              PRODUCE DRAM PRICE-RELATED DOCUMENTS


       Upon consideration of the Motion by Respondent Rambus Inc. for Leave to File a Reply

Brief in Support of its Motion to Compel Micron Technology, Inc. to Produce DRAM Price-

Related Documents, dated December 3, 2002,

       IT IS HEREBY ORDERED that Rambus’s Motion is GRANTED.




                                   James P. Timony
                                   Chief Administrative Law Judge


Date: ____________________
                         UNITED STATES OF AMERICA
                   BEFORE THE FEDERAL TRADE COMMISSION


                                         )
In the Matter of                         )
                                         )             Docket No. 9302
RAMBUS INCORPORATED,                     )
    a corporation.                       )
                                         )

                            CERTIFICATE OF SERVICE

       I, Jacqueline M. Haberer, hereby certify that on December 3, 2002, I caused a true
and correct copy of the Motion by Respondent Rambus Inc. for Leave to File a Reply
Brief in Support of its Motion to Compel Micron Technology, Inc. to Produce DRAM
Price-Related Documents to be served by hand delivery to Arnold & Porter, counsel for
Micron Technology Corporation, at 555 Twelfth Street, N.W., Washington, D.C. 20004,
and on the following persons by hand delivery:

Hon. James P. Timony                            M. Sean Royall
Administrative Law Judge                        Deputy Director, Bureau of Competition
Federal Trade Commission                        Federal Trade Commission
Room H-112                                      Room H-378
600 Pennsylvania Avenue, N.W.                   600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580                          Washington, D.C. 20580

Donald S. Clark, Secretary                      Richard B. Dagen
Federal Trade Commission                        Assistant Director
Room H-159                                      Bureau of Competition
600 Pennsylvania Avenue, N.W.                   Federal Trade Commission
Washington, D.C. 20580                          601 Pennsylvania Avenue, N.W.
                                                Room 6223
Joseph J. Simons                                Washington, D.C. 20580
Director, Bureau of Competition
Federal Trade Commission                        Geoffrey D. Oliver
Room H-372                                      Deputy Assistant Director
600 Pennsylvania Avenue, N.W.                   Bureau of Competition
Washington, D.C. 20580                          Federal Trade Commission
                                                601 Pennsylvania Avenue, N.W.
Malcolm L. Catt                                 Washington, D.C. 20580
Attorney
Federal Trade Commissions
Room 3035
601 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
                                                Jacqueline M. Haberer