Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00788-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PROMOS TECHNOLOGIES, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 06-788 (JJF)

PLAINTIFF PROMOS TECHNOLOGIES, INC.'S THIRD NOTICE OF 30(b)(6) DEPOSITION OF DEFENDANT FREESCALE SEMICONDUCTOR, INC. PLEASE TAKE NOTICE that pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure, plaintiff ProMOS Technologies, Inc. will take the deposition of defendant Freescale Semiconductor, Inc. ("Freescale"), through its corporate designee(s), before a person authorized to administer an oath at the offices of Ashby & Geddes, 500 Delaware Avenue, 8th Floor, Wilmington DE 19899, commencing at 9:30 a.m. on January 14, 2007, or at such other date and time as counsel for the parties shall agree, and continuing from day to day until completed. The deposition may be recorded by audio-visual means as well as stenographically. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Freescale shall designate one or more officers, directors or managing agents, or other persons who consent to testify on its behalf concerning the subjects identified in Attachment A, and if more than one person is so named, designate for each person the subject or subjects on which that person will testify.

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ASHBY & GEDDES /s/ John G. Day __________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Telephone: (302) 654-1888 [email protected] [email protected] [email protected] Attorneys for Plaintiff ProMOS Technologies, Inc. Of Counsel: William H. Wright Hogan & Hartson LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 Telephone: (310) 785-4672 E-Mail: [email protected] Steven J. Routh Sten A. Jensen Hogan & Hartson LLP 555 Thirteenth Street, NW Washington, DC 20004 Telephone: (202) 637-6472 E-Mail:[email protected] [email protected] Dated: December 19, 2007
186810.1

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ATTACHMENT A 1. The design, layout, architecture, and structure of each of the products listed in

Exhibit 1 hereto (each, a "Freescale Product" and collectively, the "Freescale Products"). 2. 3. The identity of any product that incorporates or includes any Freescale Product. Code names, project designations, product families, part numbers and any other

naming or grouping conventions used for Freescale Products. 4. The features, functionality, uses, and operation of each Freescale Product and of

each product that incorporates or includes a Freescale Product, including but not limited to the processor(s), core(s), cache memory(ies), cache controller(s), memory(ies), memory subsystem(s), memory controller(s), memory management unit(s), register(s), buffer(s), bus(es), bus interface unit(s), and all other portions thereof. 5. User manuals, reference manuals, workbooks, datasheets, microarchitecture

documents, block guides, specifications, and technical documents for each of the Freescale Products and/or the processor(s) or core(s) contained therein and/or each product that incorporates or includes a Freescale Product. 6. RTL documentation and circuit schematics for each Freescale Product and/or the

processors contained therein. 7. Research, development, testing, and manufacturing of each Freescale Product,

including the costs associated therewith. 8. Documents (such as communications, data sheets, promotional or marketing

materials) and things (such as demonstration boards or other implementations) provided by Freescale to or used by Freescale with its customers or distributors concerning the use of each Freescale Product and/or each product that incorporates or includes a Freescale Product, including

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those relating to the installation, operation, structure, function, implementation and use of each Freescale Product and/or each product that incorporates or includes a Freescale Product. 9. Products. 10. Any efforts by Freescale to change or modify any Freescale Product to design The date of first use, first public use, and first sale for each of the Freescale

around any of the patents-in-suit, including all communications relating to such efforts. 11. Freescale's consideration of and views about the use of system or external memory,

including but not limited to why it is essential and which of the Freescale Products either have system or external memory or are specifically designed to work with system or external memory. 12. Any prior art related to the patents-in-suit, including but not limited to designs

developed within Motorola or Freescale. 13. Any contracts between Freescale and Motorola, whether written or otherwise,

including but not limited to any assumption by Freescale of Motorola's liability for any past, present, or future claims of infringement. 14. The features, functionality, uses, and operation of cache memory incorporated or

used by the Freescale Products, including but not limited to (a) the data path and connection between the cache memory and the executing units of the processor or core; (b) the data path and connection between the cache memory and the system, external or other memory; (c) data transmission between the cache memory and the executing units of the processor or core; (d) data transmission between the cache memory and the system, external or other memory; (e) the timing and the interdependency (or the lack of it) between (c) and (d), (f) circuits, functions, macros, programs or instructions related to the operation, function, or scheduling of cache memory, and (g) circuits, functions, macros, programs or instructions related to the operation, function, or

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scheduling of transmission of data and control information to or from the cache memory and to or from any registers or buffers associated with the cache memory. 15. The similarities and differences between MC68060 and M68040, including but not

limited to similarities and differences relating to (a) the data path and connection between the cache memory and the executing units of the processor or core; (b) the data path and connection between the cache memory and the system, external or other memory; (c) data transmission between the cache memory and the executing units of the processor or core; (d) data transmission between the cache memory and the system, external or other memory; (e) the timing and the interdependency (or the lack of it) between (c) and (d). 16. The features, functionality, uses, and operation of circuits that affect the operation

of the cache memory incorporated or used by the Freescale Products, including but not limited to (a) cache controller, (b) control logic of the cache memory, (c) cache control registers (d) tag memory, (e) memory management unit, and (f) memory controller. 17. The features, functionality, uses, and operation of buffers, registers, or storage that

affect the operation of the cache memory incorporated or used by the Freescale Products and/or any product that incorporates or includes a Freescale Product, including but not limited to data transmission and data path between such buffers, registers, or storage and (a) cache memory, (b) the executing units of the processor or core, and (c) system, external or other memory. 18. The features, functionality, uses, and operation of system, external or other

memory incorporated or used by the Freescale Products, including but not limited to (a) data transmission and data path between system or external memory with Freescale Products, (b) the type, specification, and requirement for system, external or other memory so that it works with Freescale Products; (c) how and why Freescale Products use or operate with system, external or

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other memory, and (d) the features of the Freescale products that are specifically designed to work with system, external or other memory. 19. Data coherency policy and snooping operation of the cache memory incorporated

or used by the Freescale Products. 20. Joint research and development effort relating to Freescale Products with third

parties, including but not limited to joint efforts with ARM Holding PLC ("ARM") and International Business Machines Corp. ("IBM"). 21. Indemnification, insurance, guaranty, surety, or agreement under which any third

party may be liable to satisfy part or all of a judgment of patent infringement relating to Freescale Products, including but not limited to any agreement between Freescale and Motorola, or any agreement between Freescale and ARM Holding PLC ("ARM"). 22. 23. The types and locations of documents relevant to each of the foregoing topics. The similarities and differences among each of the Freescale Products, including

similarities and differences relating to each of the foregoing topics.

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EXHIBIT 1

603e e200 e200z1 e200z0 e200z6 e300 e300c2 e500 e500v2 e600 dual e600 G2 G4 8xx Coldfire v2 Coldfire v3 Coldfire v4 Coldfire v4e Coldfire v5 MC68060 ARM 920T ARM926EJ-S ARM1136JF-S 800 MHz/1GHz StarCore SC3400 DSP extended core 800 MHz/1GHz StarCore SC3400 DSP core SC1400 DSP 56300 any products that incorporate any of the foregoing cores MPC7400 MPC7450 MPC604 MPC604e MPC604ev MPC603

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MPC603e MPC603ev MPC601 MPC620 MPC750 MPC740 MPC755 MPC2605 K2 8569 8526 MPC5200 MPC5200B MPC5510 MPC5553 MPC5554 MPC5561 MPC5565 MPC5566 MPC5567 MPC7410 MPC7445 MPC7455 MPC7447 MPC7457 MPC7447A MPC7448 MPC823 MPC823E MPC850 MPC852T MPC853T MPC855T MPC857DSL MPC857T MPC859DSL MPC859T MPC860 MPC860P MPC862 MPC866 MPC870

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MPC875 MPC880 MPC885 MPC8247 MPC8248 MPC8250 MPC8255 MPC8260 MPC8264 MPC8265 MPC8266 MPC8270 MPC8271 MPC8272 MPC8275 MPC8280 MPC8313 MPC8313E MPC8321 MPC8321E MPC8323 MPC8323E MPC8343E MPC8347E MPC8349E MPC8358E MPC8360E MPC8533E MPC8540 MPC8541E MPC8543E MPC8544E MPC8545E MPC8547E MPC8548E MPC8555E MPC8560 MPC8567E MPC8568E MPC8641 MPC8641D MCF5206e MCF5207 MCF5208 MCF5211 7

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MCF5212 MCF5213 MCF5214 MCF5216 MCF5232 MCF5233 MCF5234 MCF5235 MCF5249 MCF5270 MCF5271 MCF5272 MCF5274 MCF5274L MCF5275 MCF5275L MCF5280 MCF5281 MCF5282 MCF5307 MCF5327 MCF5328 MCF5329 MCF5372 MCF5372L MCF5373 MCF5373L MCF5407 MCF5470 MCF5471 MCF5472 MCF5473 MCF5474 MCF5475 MCF5480 MCF5481 MCF5482 MCF5483 MCF5484 MCF5485 MC68060 MC68LC060 MC68EC060 i.MX1 (MC9328MX1) i.MX21

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i.MX21S i.MX27 i.MX31 i.MX31L i.MXL i.MXS MSC8144 MSC8144E MSC8144EC MSC7110 MSC7112 MSC7113 MSC7115 MSC7116 MSC7118 MSC7119 MSC7120 DSP56301 DSP56311 DSP56321 DSP56L307

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