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

C.A. No. 06-788 (JJF) EXHIBIT 14 FILED SEPARATELY UNDER SEAL

APPENDIX TO FREESCALE'S REPLY TO PROMOS'S OPPOSITION TO A DISCOVERY EXTENSION

DM1
MORRIS, NICHOLS, ARSHT & TUNNELL LLP Mary B. Graham (#2256) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 302.658.9200 Attorneys for Freescale Semiconductor, Inc. OF COUNSEL: David L. Witcoff John M. Michalik JONES DAY 77 West Wacker Chicago, IL 60601-1692 312.782.3939 F. Drexel Feeling JONES DAY North Point 901 Lakeside Avenue Cleveland, OH 44114-1190 216.586.3939 Dated: January 15, 2008

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EXHIBIT 1 2 3

DESCRIPTION Defendant Freescale's First Set of Interrogatories to Plaintiff ProMOS, April 11, 2007 Order, Docket Item 83, October 31, 2007 Freescale's Motion to Enforce the October 31 Order Compelling ProMOS to Provide Chan Patent Infringement Contentions, December 19, 2007 (D.I. 103) Claims of U.S. Patent 5,732,241 Chan Claims of U.S. Patent 5,488,709 Chan Plaintiff ProMOS Technologies, Inc.'s First Set of Requests For Production of Documents and Things From Defendant Freescale Semiconductor, Inc. (Nos. 1-117), April 12, 2007 Cook email to Ferguson and Witcoff, July 6, 2007 Jensen letter to Ferguson, June 25, 2007 Feeling letter to Cook, August 21, 2007 Defendant Freescale's Response to Plaintiff ProMOS Technologies, Inc.'s First Set of Requests For Production of Documents and Things From Defendant Freescale Semiconductor, Inc. (Nos. 1-117), May 17, 2007 Ferguson letter to Jensen, July 10, 2007 Ferguson letter to Cook, July 16, 2007 Witcoff email to Routh, January 7, 2008 Snyder Deposition, January 9, 2008 [CONFIDENTIAL] Agozzino email to Routh, January 5, 2008 Gonzalez v. Comcast Corp., C.A. No. 03-445 (KAJ), 2004 U.S. Dist. LEXIS 17896 (D. Del. Aug. 25, 2004)

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

C.A. No. 06-788 (JJF)

FREESCALE'S MOTION TO ENFORCE THE OCTOBER 31 ORDER COMPELLING PROMOS TO PROVIDE CHAN PATENT INFRINGEMENT CONTENTIONS Defendant Freescale Semiconductor, Inc. ("Freescale") hereby moves for an Order to enforce the Court's October 31 Order compelling ProMOS Technologies, Inc. ("ProMOS") to provide its final infringement contentions regarding the two Chan patents it has asserted against Freescale in this case (D.I. 83). ProMOS has accused approximately 150 different Freescale products of infringing 52 claims of the Chan patents, and has received substantial discovery on those 150 different Freescale products, including Freescale's highly confidential RTL code for each of those products. In spite of that substantial discovery, ProMOS has refused to provide its final infringement contentions or even commit to a date by when it will provide such contentions. Freescale has sought ProMOS's infringement contentions since the beginning of discovery, but ProMOS has steadfastly refused to provide them. ProMOS has not provided even preliminary infringement contentions, except for one claim and two product types for each patent. The few preliminary contentions provided are the same contentions ProMOS made presuit during licensing negotiations. Freescale, therefore, is essentially no further along as far as what it knows about ProMOS's case than before the litigation began, which was not much.

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Consequently, on August 23, 2007, Freescale moved this Court for an Order compelling ProMOS to provide its infringement contentions. In its October 31 Order, the Court, among other things, ordered ProMOS to provide its final infringement contentions by November 30, 2007. In a separate order that same day, Freescale was also ordered to generate schematics, produce RTL code, and produce a witness for deposition in Delaware. The parties cooperated with respect to that production, and ProMOS has had, for some time, the RTL code for all accused products;1 this is the very code that ProMOS represented to the Court that it needed "to permit ProMOS to prove its infringement case at trial more efficiently and more definitively." (See ProMOS's Motion to Compel filed August 23, 2007 (D.I. 55) at p. 13). Even though the parties had to, and did, work cooperatively with respect to Freescale's voluminous production of this RTL code, ProMOS still has not provided any final infringement contentions, and will not even commit to a date by which to provide them. (ProMOS had promised to provide these contentions by December 17, but did not do so.) As was evident at the December 13 Markman hearing, ProMOS is complaining about the sufficiency of the Chan-related discovery Freescale has provided to date. Even though Freescale disagrees with ProMOS's position on this issue, it is indisputable that ProMOS has all the RTL code for the accused products and, thus, by its own words as previously represented to the Court, has sufficient information to provide its infringement contentions. (Although not

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Core level RTL code was produced the week of November 19, 2007. The day before Thanksgiving, ProMOS asked for complete product level RTL code. Freescale began producing it during the week after Thanksgiving, and as of December 5, 2007, ProMOS had been provided with the complete product level RTL code for all accused products (which includes the core RTL), except for five products for which the RTL code could not be located. ProMOS agreed that it would not require the product level RTL code for the five products for which the code could not be located and that Freescale had satisfied its obligations under the Court's Order with respect to RTL code production. -2-

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relevant to this motion, Freescale believes ProMOS already had sufficient information even before the production of this RTL code.) In any event, ProMOS should not be able to use its complaints as an excuse to indefinitely ignore the Court's Order and refuse to provide infringement contentions. Freescale has repeatedly advised ProMOS that, to the extent that any information later provided by Freescale materially changes ProMOS's infringement contentions, Freescale will not object to ProMOS promptly supplementing its contentions on this basis. Freescale needs ProMOS's infringement contentions. Freescale has already been prejudiced by ProMOS's failure to provide contentions by, among other things, having to prepare for claim construction without the benefit of knowing which claims or specific claim elements might legitimately be at issue, or how ProMOS was contending those claims were allegedly infringed by Freescale's products. (ProMOS has simply asserted, without explanation, all 52 claims of both Chan patents). Moreover, the end of fact discovery is quickly approaching ­ January 21, 2008 ­ and Freescale is not able to properly prepare its defenses or assess fully whether additional discovery might be needed. For example, Freescale needs to have ProMOS's infringement contentions to properly search for and consider prior art and prepare its prior art defenses (ProMOS may be asserting the Chan claims so broadly that the claims also capture the prior art). This is obviously a case-critical issue, and we submit that Freescale should not be required to keep guessing as to how ProMOS is asserting its Chan claims. To prevent further unfair prejudice to Freescale, Freescale asks that the Court issue an Order enforcing its October 31 Order, requiring ProMOS to immediately provide its final infringement contentions, and precluding ProMOS from accusing any Freescale products for which final and complete infringement contentions are not provided by December 31, 2007, and for any other relief deemed appropriate by the Court.

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Mary B. Graham (#2256)
Mary B. Graham (#2256) James W. Parrett, Jr. (#4292) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 302.658.9200 Attorneys for Freescale Semiconductor, Inc.

OF COUNSEL: David L. Witcoff John M. Michalik JONES DAY 77 West Wacker Chicago, IL 60601-1692 312.782.3939 F. Drexel Feeling Karl Maersch JONES DAY North Point 901 Lakeside Avenue Cleveland, OH 44114-1190 216.586.3939 Dated: December 19, 2007
1344004

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CERTIFICATE PURSUANT TO D. DEL. LR 7.1.1 Counsel for the parties have communicated about the subject of the foregoing motion and have not reached agreement.

/s/ Mary B. Graham (#2256)
Mary B. Graham (#2256)

December 19, 2007

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

C.A. No. 06-788-JJF

PLAINTIFF PROMOS TECHNOLOGIES, INC.'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS FROM DEFENDANT FREESCALE SEMICONDUCTOR, INC. (Nos. 1-117) Pursuant to Rules 34 and 26 of the Federal Rules of Civil Procedure, Plaintiff ProMOS Technologies, Inc. ("ProMOS") hereby requests that defendant Freescale Semiconductor, Inc. ("Freescale") produce for inspection and/or copying the following documents and things at the offices of Hogan & Hartson, LLP, Columbia Square, 555 13th Street, N.W., Washington, D.C., 20004, or such other mutually agreed upon location, within thirty (30) days of the date of service of these requests. DEFINITIONS 1. The terms "Plaintiff" and "ProMOS" refer to ProMOS Technologies, Inc., and its

officers, agents, employees, and representatives. 2. The terms "Defendant," "you," "your," and "Freescale" refer to Defendant

Freescale Semiconductor, Inc., including but not limited to its divisions, subsidiaries, directors, agents, representatives, attorneys and employees, and any predecessor in interest. 3. The term "Complaint" means the Complaint and any amended Complaints filed by

Plaintiff in this action.

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4.

The term "Answer" means the Answer and Affirmative Defenses, or any

amendments thereto, filed by Defendant in this action. Whenever a request refers to or quotes from the Answer, all words in the request have the same meaning as in the Answer. 5. The term "Counterclaims" means the Counterclaims, or any amendments thereto,

filed by Defendant in this action. Whenever a request refers to or quotes from the Counterclaims, all words in the request have the same meaning as in the Counterclaims. 6. The term "document" as used herein is employed in the broadest possible sense

under Rule 34 and includes, but is not limited to, any printed, written, recorded, taped, electronic (including e-mail and deleted electronic media that is recoverable in any form), graphic, or other tangible matter from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received or neither, including the original, all amendments and addenda and any non-identical copy (whether different from the original because of notes made on or attached to such copy or otherwise ) of any and all writings, correspondence, letters, telegraphs, telex communicants, cables, notes, notations, papers, newsletters, memoranda, interoffice communications, e-mails, releases, agreements, contracts, books, pamphlets, studies, minutes of meetings, recordings or other memorials of any type of personal or telephone conversations, meetings or conferences, reports, analyses, test results, examinations, evaluations, estimates, projections, forecasts, receipts, statements, accounts, books of account, diaries, calendars, desk pads, appointment books, stenographer's notebooks, transcripts, ledgers, registers, worksheets, journals, statistical records, cost sheets, summaries, lists, tabulations, digests, canceled or uncanceled checks or drafts, vouchers, charge slips, invoices, purchase orders, hotel charges, accountant's reports, financial statements, newspapers, periodicals or magazine materials, and any materials underlying, supporting, or used in the preparation of any

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documents. The term "document(s)" also specifically includes any records stored on computer tape or computer disk or otherwise stored by or in a computer, including telephone voice mail or electronic mail, whether or not a hard copy (i.e., paper copy) of the document is or was at any time in existence. A document includes all documents appended thereto. The documents requested shall include all marked copies. A "marked copy" is any document containing any writing or any markings of any kind in the text, in the margins, or on the reverse side of the document. 7. The term "person(s)" includes any natural person, corporation, partnership,

association, joint venture, sole proprietorship, firm, business enterprise, governmental or quasigovernmental body or agency, or legal entity of any type, and includes both the singular and plural. 8. The term "communications" means all oral, visual, or other sensory means of

transmitting information, messages, or statements, including but not limited to correspondence, letters, memoranda, e-mails (with any attachment(s)), meeting minutes, transcripts of telephone conversations, and presentations. 9. The terms or phrases "relating to," "relate(s)," or "related to" includes, but is not

limited to, constituting, comprising, consisting of, containing, setting forth, describing, discussing, citing, regarding, pertaining to, mentioning, proposing, showing, disclosing, containing, analyzing, explaining, summarizing, supporting, evidencing, authorizing, concerning, embodying, reflecting, identifying, incorporating, considering, recommending, continuing, enumerating, dealing with, commenting on, referring to directly or indirectly, dealing with, responding to, or in any way logically or factually relevant to the matter described in the request.

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10.

The term "date" means the exact day, month and year, if ascertainable, or, if not,

the best available approximation, including relationship to other events. 11. The terms "and" as well as "or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of these requests any documents that otherwise would be construed to be outside their scope. 12. The terms "ProMOS patents," "ProMOS patents-in-suit," and "patents-in-suit,"

mean United States Letters Patent No. 5,488,709 ("the `709 patent") entitled "Cache Including Decoupling Register Circuits;" United States Letters Patent No. 5,732,241 ("the `241 patent") entitled "Random Access Cache Memory Controller and System;" and United States Letters Patent No. 6,670,267 ("the `267 patent") entitled "Formation of Tungsten-Based Interconnect Using Thin Physically Vapor Deposited Titanium Nitride Layer." 13. With respect to the `709 patent and the `241 patent, the term "inventor" shall

mean Alfred K. Chan. With respect to the `267 patent, the term "inventor" shall mean Vincent Fortin. The term "inventors" shall mean Messrs. Chan and Fortin together. 14. The term "infringement" shall be defined broadly to include direct, contributory

and induced infringement under the applicable laws. 15. The term "market," as a verb, shall mean to sell, lease, license, exhibit or

distribute; or to offer to sell, lease, license, exhibit or distribute. 16. The term "sale" means and refers to any exchange of goods, services or other

property for value and includes transferring goods to another party on a consignment basis, regardless of whether title has passed. 17. As used herein, "prior art" includes any reference or subject matter set forth in or

relevant under 35 U.S.C. § 102 and 35 U.S.C. § 103.

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18.

The term "Freescale Product(s)" includes: microcontrollers, microprocessors,

processors, digital signal processors, controller cores, processor cores and all other components or goods you manufacture or market for sale or sell in any way that use, incorporate, work with or rely on cache memory; systems, components, products and goods that use, incorporate work with or rely on microcontrollers, microprocessors, processors, digital signal processors, controller cores, processor cores or other components or goods that use, incorporate, work with or rely on cache memory; and integrated circuits and semiconductor products that incorporate one or more conductors that includes a layer of tungsten overlying a layer of titanium nitride, such conductors including, but not limited to, those formed using Damascene and dual Damascene processes. INSTRUCTIONS 1. In responding to these requests, you shall furnish all documents that are in your

possession, custody, or control; or are within the possession, custody, or control of your officers, directors, employees, agents, representatives, present or former contractors, consultants, investigators, or attorneys; or otherwise available to you, regardless of whether documents are possessed directly by you, or any parent, subsidiary or affiliated corporation, or any of such entity's officers, directors, employees, agents, representatives, present or former contractors, consultants, investigators or attorneys. 2. Organize and label each document or set of documents, indicating by number the

request to which the document(s) relates. In your written response, provide the document production (i.e. "Bates") number(s) for document(s) responsive to each request. 3. Electronic and computerized information must be produced in an intelligible

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4.

If any document responding to all or any part of this Request is not currently

available, include a statement to that effect and furnish whatever documents are available. Include in your statement when such documents were most recently in your possession or subject to your control and what disposition was made of them, identifying the name, job title, and the last known address of each person currently in possession or control of such documents. If any of such documents were destroyed, identify the name, job title and the last known business address of each person who directed that the documents be destroyed, and state the reasons the documents were destroyed. If you do not have a document responsive to a request, but you know of person(s) or organization(s) who may have all or any portion of the document, then all such information, including names, addresses, and telephone numbers, shall be disclosed in your written response. 5. If any document or portion of any document covered by this Request for

Production is withheld from production due to a claim of privilege, protection, or other grounds for non-disclosure, furnish a list of all such documents withheld that provides the following information: (a) the "Bates" number(s); (b) the identity of the person(s) who prepared or authorized the preparation of the document and, if applicable, the person(s), addresses, and organization to whom the document was sent or shown; (c) the date (or your best approximation thereof) on which the document was prepared; (d) a description of the type of document (e.g., letter, ledger, etc.); (e) the subject matter of the document; (f) a brief reason why the document is claimed to be privileged, protected, or subject to non-disclosure; and (g) the paragraph(s) of this Request to which the document responds. 6. This Request is continuing and requires, to the extent authorized by Rule 26(e) of

the Federal Rules of Civil Procedure, production of any additional responsive documents that

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may be located or acquired by you or your employees after the date of your original production. 7. Unless otherwise indicated in a particular request, the relevant time period for

each Request shall be from January 1, 2000, to the present. SPECIFIC REQUESTS FOR PRODUCTION REQUEST NO. 1: All documents identified, requested to be identified, relied upon, reviewed, or consulted in responding to Plaintiff's First Set of Interrogatories to Defendant. REQUEST NO. 2: All written policies, procedures and guidelines related to Freescale's computers, computer systems, electronic data and electronic media that hold, contain, save, or manage documents, including, but not limited to, (a) back up tape rotation schedules; (b) electronic data retention, preservation and destruction schedules; (c) employee use of company computers and data; (d) file naming conventions and standards; (e) diskette, CD, DVD, and other removable media labeling standards; and (e) e-mail storage (i.e., limitations on mailbox sizes and storage locations). REQUEST NO. 3: Documents sufficient to show your document retention and/or destruction policies and/or practices from 2000 to the present. REQUEST NO. 4: Organizational charts for all of your Information Technology-related or Information Services-related departments or divisions. REQUEST NO. 5: Documents sufficient to show your past and present organizational and operational structure, including all divisions or subsidiaries, entities owned or controlled by -7-

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Freescale, affiliates, predecessors or successors in interest, whether in the United States, or anywhere else in the world, and the identity of the officers and managers of each such entity. REQUEST NO. 6: All documents that identify present employees, past employees, consultants, and contract employees, whether full or part time, whose responsibilities or assignment include work relating to the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each Freescale Product, including but not limited to, organizational charts and telephone or email directories. REQUEST NO. 7: All documents that identify present employees, past employees, consultants, and contract employees, whether full or part time, whose responsibilities or assignment include work relating to the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each cache memory used with or in, incorporated in or relied on by a Freescale Product, including but not limited to, organizational charts and telephone or email directories. REQUEST NO. 8: All documents that identify present employees, past employees, consultants, and contract employees, whether full or part time, whose responsibilities or assignment include work relating to the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of any register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with or in, incorporated in or relied on by a Freescale Product, including but not limited to, organizational charts and telephone or email directories. REQUEST NO. 9: All documents that identify present employees, past employees, consultants, and

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contract employees, whether full or part time, whose responsibilities or assignment include work relating to the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each cache controller used with or in, incorporated in or relied on by a Freescale Product, including but not limited to, organizational charts and telephone or email directories. REQUEST NO. 10: All documents that identify present employees, past employees, consultants, and contract employees, whether full or part time, whose responsibilities or assignment include work relating to the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product, including but not limited to, organizational charts and telephone or email directories. REQUEST NO. 11: Documents sufficient to identify, describe, illustrate, or depict names and/or functions of subsidiaries, departments, or divisions that were involved in any manner in the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of any Freescale Product. REQUEST NO. 12: Documents sufficient to identify, describe, illustrate, or depict names and/or functions of subsidiaries, departments, or divisions that were involved in any manner in the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each cache memory used with, incorporated in or relied on by any Freescale Product. REQUEST NO. 13: Documents sufficient to identify, describe, illustrate, or depict names and/or

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functions of subsidiaries, departments, or divisions that were involved in any manner in the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of any register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 14: Documents sufficient to identify, describe, illustrate, or depict names and/or functions of subsidiaries, departments, or divisions that were involved in any manner in the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each cache controller used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 15: Documents sufficient to identify, describe, illustrate, or depict names and/or functions of subsidiaries, departments, or divisions that were involved in any manner in the conception, design, development, manufacture, analysis, testing, marketing, sales or repair of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 16: All documents relating to third parties contracted, consulted, hired and/or retained that worked with Freescale or worked with another third party on Freescale's behalf on the conception, design, development, implementation, testing and manufacturing of each version of each model of Freescale Product, including but not limited to, contracts, contract proposals, Requests for Proposals (RFPs), solicitations, queries, investigations, and capability studies. REQUEST NO. 17: All documents relating to third parties contracted, consulted, hired and/or retained

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that worked with Freescale or worked with another third party on Freescale's behalf on the conception, design, development, implementation, testing and manufacturing of each version of each cache memory used with, incorporated in or relied on by any Freescale Product, including but not limited to, contracts, contract proposals, Requests for Proposals (RFPs), solicitations, queries, investigations, and capability studies. REQUEST NO. 18: All documents relating to third parties contracted, consulted, hired and/or retained that worked with Freescale or worked with another third party on Freescale's behalf on the conception, design, development, implementation, testing and manufacturing of each version of each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product, including but not limited to, contracts, contract proposals, Requests for Proposals (RFPs), solicitations, queries, investigations, and capability studies. REQUEST NO. 19: All documents relating to third parties contracted, consulted, hired and/or retained that worked with Freescale or worked with another third party on Freescale's behalf on the conception, design, development, implementation, testing and manufacturing of each version of each cache controller used with, incorporated in or relied on by a Freescale Product, including but not limited to, contracts, contract proposals, Requests for Proposals (RFPs), solicitations, queries, investigations, and capability studies. REQUEST NO. 20: All documents relating to third parties contracted, consulted, hired and/or retained that worked with Freescale or worked with another third party on Freescale's behalf on the

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conception, design, development, implementation, testing and manufacturing of each version of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product, including but not limited to, contracts, contract proposals, Requests for Proposals (RFPs), solicitations, queries, investigations, and capability studies. REQUEST NO. 21: Your annual reports, prospectuses, proxy statements and Form 10-K and Form 10-Q reports for the years 2000 to the present. REQUEST NO. 22: All documents relating to design reviews and design review meetings, including but not limited to, all notes, minutes, reports, action item lists and management summaries, relating to each version of each model of Freescale Product. REQUEST NO. 23: All documents relating to design reviews and design review meetings, including but not limited to, all notes, minutes, reports, action item lists and management summaries, relating to each version of each cache memory used with, incorporated in or relied on by any Freescale Product. REQUEST NO. 24: All documents relating to design reviews and design review meetings, including but not limited to, all notes, minutes, reports, action item lists and management summaries, relating to each version of each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product.

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REQUEST NO. 25: All documents relating to design reviews and design review meetings, including but not limited to, all notes, minutes, reports, action item lists and management summaries, relating to each version of each cache controller used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 26: All documents relating to design reviews and design review meetings, including but not limited to, all notes, minutes, reports, action item lists and management summaries, relating to each version of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 27: All documents relating to drawings, schematics, blueprints, manufacturing specifications, engineering specifications, design specifications, product test specifications, part specifications, assembly specifications and other documents relating to the design, development, or manufacture of any Freescale Product. REQUEST NO. 28: All documents relating to drawings, schematics, blueprints, manufacturing specifications, engineering specifications, design specifications, product test specifications, part specifications, assembly specifications and other documents relating to the design, development, or manufacture of each cache memory used with, incorporated in or relied on by any Freescale Product.

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REQUEST NO. 29: All documents relating to drawings, schematics, blueprints, manufacturing specifications, engineering specifications, design specifications, product test specifications, part specifications, assembly specifications and other documents relating to the design, development, or manufacture of each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 30: All documents relating to drawings, schematics, blueprints, manufacturing specifications, engineering specifications, design specifications, product test specifications, part specifications, assembly specifications and other documents relating to the design, development, or manufacture of each cache controller used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 31: All documents relating to drawings, schematics, blueprints, manufacturing specifications, engineering specifications, design specifications, product test specifications, part specifications, assembly specifications and other documents relating to the design, development, or manufacture of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 32: All versions of operation manuals, repair manuals, or user manuals for any Freescale Product. REQUEST NO. 33: All manufacturing and/or production drawings for any Freescale Product,

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including but not limited to hardware drawings, engineering drawings, assembly drawings, and blueprints. REQUEST NO. 34: All manufacturing and/or production drawings for each cache memory used with, incorporated in or relied on by any Freescale Product, including but not limited to hardware drawings, engineering drawings, assembly drawings, and blueprints. REQUEST NO. 35: All manufacturing and/or production drawings for each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product, including but not limited to hardware drawings, engineering drawings, assembly drawings, and blueprints. REQUEST NO. 36: All manufacturing and/or production drawings for each cache controller used with, incorporated in or relied on by a Freescale Product, including but not limited to hardware drawings, engineering drawings, assembly drawings, and blueprints. REQUEST NO. 37: All manufacturing and/or production drawings for each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 38: All documents relating to the conception, engineering, design, research, development, manufacture, testing, use, repair and/or operation of each version of each model of Freescale Product, including but not limited to specifications, schematics, block diagrams, data

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sheets, layouts, databases, depictions, photographs, simulations, test results, manuals, journals, notes, notebooks, communications, and correspondence. REQUEST NO. 39: All documents relating to the conception, engineering, design, research, development, manufacture, testing, use, repair and/or operation of each version of each cache memory used with, incorporated in or relied on by any Freescale Product, including but not limited to specifications, schematics, block diagrams, data sheets, layouts, databases, depictions, photographs, simulations, test results, manuals, journals, notes, notebooks, communications, and correspondence. REQUEST NO. 40: All documents relating to the conception, engineering, design, research, development, manufacture, testing, use, repair and/or operation of each version of each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product, including but not limited to specifications, schematics, block diagrams, data sheets, layouts, databases, depictions, photographs, simulations, test results, manuals, journals, notes, notebooks, communications, and correspondence. REQUEST NO. 41: All documents relating to the conception, engineering, design, research, development, manufacture, testing, use, repair and/or operation of each version of each cache controller used with, incorporated in or relied on by a Freescale Product, including but not limited to specifications, schematics, block diagrams, data sheets, layouts, databases, depictions, photographs, simulations, test results, manuals, journals, notes, notebooks, communications, and correspondence.

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REQUEST NO. 42: All documents relating to the conception, engineering, design, research, development, manufacture, testing, use, repair and/or operation of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product, including but not limited to specifications, schematics, block diagrams, data sheets, layouts, databases, depictions, photographs, simulations, test results, manuals, journals, notes, notebooks, communications, and correspondence. REQUEST NO. 43: For each Freescale Product, documents sufficient to show the place and process of manufacture, models manufactured, units manufactured, and destination of units manufactured. REQUEST NO. 44: To the extent not produced in response to any other request, all reference designs and schematics relating to each version of each model of Freescale Product. REQUEST NO. 45: All pictures or photographs of Freescale Products, including but not limited to any die or portion of any die. REQUEST NO. 46: Circuit diagrams for each version of each model of Freescale Product. REQUEST NO. 47: Circuit diagrams for each version of each cache memory used with, incorporated in or relied on by any Freescale Product. REQUEST NO. 48: Circuit diagrams for each version of each register(s) used in writing, reading,

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buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 49: Circuit diagrams for each version of each cache controller used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 50: Process flows and process recipes for each version of each model of Freescale Product. REQUEST NO. 51: Process flows and process recipes for each version of each process for forming conductors that include a layer of tungsten overlying a layer of titanium nitride used with or in, incorporated in or relied on by a Freescale Product. REQUEST NO. 52: All documents relating to source code, object code, pseudo code, flow charts or design specifications of the circuit diagrams, Verilog code and/or VHDL code, and reticle layout code for each version of each model of Freescale Product. REQUEST NO. 53: All documents relating to source code, object code, pseudo code, flow charts or design specifications of the circuit diagrams, Verilog code and/or VHDL code, and reticle layout code for each version of each cache memory used with, incorporated in or relied on by any Freescale Product. REQUEST NO. 54: All documents relating to source code, object code, pseudo code, flow charts or

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design specifications of the circuit diagrams, Verilog code and/or VHDL code, and reticle layout code for each version of each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 55: All documents relating to source code, object code, pseudo code, flow charts or design specifications of the circuit diagrams, Verilog code and/or VHDL code, and reticle layout code for each version of each cache controller used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 56: Documents sufficient to identify the date of all revisions to circuit diagrams, source code, Verilog code and/or VHDL code, and reticle layout code for each version of each model of Freescale Product. REQUEST NO. 57: All documents relating to the operation of each version of each model of Freescale Product. REQUEST NO. 58: All documents relating to the operation of each version of each cache memory used with, incorporated in or relied on by any Freescale Product. REQUEST NO. 59: All documents relating to the operation of each version of each register(s) used in writing, reading, buffering or accessing data from or to each cache memory used with, incorporated in or relied on by a Freescale Product.

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REQUEST NO. 60: All documents relating to the operation of each version of each cache controller used with, incorporated in or relied on by a Freescale Product. REQUEST NO. 61: All engineering change orders or notices for each version of each model of Freescale Products. REQUEST NO. 62: Documents sufficient to show the device and system architecture of each version of each model of Freescale Product. REQUEST NO. 63: All documents relating to comparative testing of each version of each model of Freescale Products. REQUEST NO. 64: All prototypes and models of Freescale Products, from initial prototype to commercial and/or production models made from 2000 to the present. REQUEST NO. 65: Complete copies of all licenses or agreements to which you are a party, including but not limited to cross-licenses, inter-company agreements, settlements, covenants not to enforce or releases that relate in any way to integrated circuit manufacturing, microprocessor, microcontroller, DRAM, SDRAM or memory technologies. REQUEST NO. 66: All documents that refer to, discuss, evidence, mention or constitute any contracts or license agreements, including drafts, in which Freescale has licensed, or licenses, or

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considering licensing products, technology or patents from or to third parties relating to microprocessor, microcontroller, processor or memory technologies. REQUEST NO. 67: All documents relating to your policies on licensing or cross-licensing patents, know-how or technology. REQUEST NO. 68: Documents sufficient to identify any third parties that manufacture any Freescale Products. REQUEST NO. 69: All articles, speeches, presentations or interviews, both internal and external, that have been written and/or given by your employees, officers, directors or other of your representatives relating to Freescale Products. REQUEST NO. 70: All press releases from 2000 to the present relating to Freescale Products. REQUEST NO. 71: All documents relating to ProMOS or the patents-in-suit, including but not limited to documents that relate to your first awareness of any of the patents-in-suit and your earliest notice of potential infringement of any of the patents-in-suit. REQUEST NO. 72: All documents relating to communications exchanged between you and any third party relating to the patents-in-suit, this lawsuit and/or ProMOS.

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REQUEST NO. 73: Each Freescale meeting agenda, corporate minutes or minutes of meetings relating to the patents-in-suit, this lawsuit and/or ProMOS products. REQUEST NO. 74: All documents relating to any effort by Freescale or anyone else on its behalf to design, redesign, commercialize or modify any Freescale Product in view of the patents-in-suit. REQUEST NO. 75: All documents relating to any attempt by Freescale or anyone on its behalf to design around and/or avoid infringement of the patents-in-suit by any Freescale Product. REQUEST NO. 76: All documents related or referring to any ProMOS patent. REQUEST NO. 77: All documents relating to your evaluation, analysis, or consideration of the patents in-suit, including but not limited to any reverse engineering or testing performed on any Freescale Product. REQUEST NO. 78: All documents relating to your consideration of whether or not to obtain a license from ProMOS for the patents-in-suit. REQUEST NO. 79: All documents found or identified during any enforceability, prior art or invalidity searches, or any other studies relating to the patents-in-suit, including any copies of patents, publications, or other prior art identified during such searches or studies.

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REQUEST NO. 80: All documents that relate, support, or contradict Freescale's assertion that the patents-in-suit are invalid for any reason, including but not limited to anticipation or obviousness. REQUEST NO. 81: All documents that Freescale contends constitute prior art to the patents-in-suit. REQUEST NO. 82: All documents that relate, support, or contradict Freescale's assertion that the patents-in-suit are unenforceable. REQUEST NO. 83: All opinion letters, memoranda, or other documents relating to your contentions on validity/invalidity, infringement/non-infringement, or enforceability/unenforceability of the patents-in-suit. REQUEST NO. 84: All documents supporting, refuting or relating in any way to the affirmative defenses or counterclaims set forth in your Answer to the Complaint. REQUEST NO. 85: All documents relating to any contention by you that your products do not infringe the patents-in-suit, including but not limited to documents relating to the interpretation, scope, and meaning of the claims in any of the patents-in-suit. REQUEST NO. 86: All opinions of counsel obtained with respect to infringement, validity, or enforceability of the patents-in-suit upon which you intend to rely at trial to defend against claims of willful infringement, inducement to infringe, or contributory infringement.

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REQUEST NO. 87: All communications or opinions of officers, directors and/or employees of yours with respect to infringement, validity, or enforceability of the patents-in-suit or regarding any licensing negotiations with ProMOS. REQUEST NO. 88: Documents sufficient to show by month or calendar quarter for each year since 2000 the number of each version of each model of Freescale Product manufactured, used, sold or distributed in the United States. REQUEST NO. 89: Documents sufficient to show by month or calendar quarter for each year since 2000 the volume of sales in dollars from the sale or distribution of each version of each model of Freescale Product. REQUEST NO. 90: All projections, forecasts, business plans, strategic plans, fiscal plans, marketing plans or sales plans relating to the sale of Freescale Products from 2000 to the present, including documents containing projections through calendar year 2012. REQUEST NO. 91: All documents relating to the means by which sales or sales information relating to each version of each model of Freescale Product is maintained and tracked by or on behalf of Freescale. REQUEST NO. 92: All versions of all part number decoders or legends for each version of each model of Freescale Product.

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REQUEST NO. 93: Current and historical price lists for each version of each model of Freescale Product. REQUEST NO. 94: All documents relating to returns of, or complaints, dissatisfaction, negative comments, unfavorable opinions or suggestions for improvement regarding each version of each model of Freescale Products. REQUEST NO. 95: All documents relating to favorable, positive, commendatory, or complimentary feedback, comments or opinions regarding each version of each model of Freescale Products. REQUEST NO. 96: All documents relating to favorable, positive, commendatory, or complimentary feedback, comments or opinions regarding any ProMOS product. REQUEST NO. 97: All documents relating to sales, distribution or importation agreements entered into between Freescale and any third party for each version of each model of Freescale Product. REQUEST NO. 98: Documents sufficient to show each of your distributors, resellers and customers of each version of each model of Freescale Product. REQUEST NO. 99: All documents relating to purchase orders and/or specifications received from customers or potential customers for each version of each model of Freescale Product, including all drawings and information received therewith.

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REQUEST NO. 100: All documents relating to market shares for Freescale and its competitors for each of the Freescale Products. REQUEST NO. 101: Summary documents categorized by year and by product type and name regarding the following: (1) Freescale's total unit and dollar volumes for Freescale Products manufactured, sold, or offered for sale by you from 2000 to the present, including projections through calendar year 2012; and (2) revenues, costs (fixed and variable), gross profit, and net profit for all such products manufactured, sold or offered for sale by you from 2000 to the present, including projections through calendar year 2012. REQUEST NO. 102: Summary documents categorized by year and by product type and name regarding gross expenses, including but not limited to direct labor costs, direct manufacturing costs, selling costs, variable overhead costs, incurred in the manufacture, distribution, or sale of Freescale Products from 2000 to the present, including projections through calendar year 2012. REQUEST NO. 103: Documents sufficient to show the date of the first sale of each Freescale Product. REQUEST NO. 104: Summary documents identifying the distributors and retailers to whom you have sold each Freescale Product from 2000 through the present, including the name, address, product(s) sold by model number, number of units sold, date of sale, date of shipment, and sales price.

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REQUEST NO. 105: Financial statements, including profit and loss statements, income statements, balance sheets, statements of cash flow, statements of retained earnings, and notes thereto for Freescale and any of its affiliates, divisions, subsidiaries, or parent companies. REQUEST NO. 106: All documents relating to market, industry or consumer studies, surveys, or analyses of any Freescale Product and/or any competitor's product. REQUEST NO. 107: All drafts, proposals, and final copies of advertising, sales, or promotional literature, including but not limited to television and print media advertising, brochures and trade show promotional material, catalogues, price lists, sell sheets, product descriptions, sales literature, drawings, videotapes, audio tapes, electronic media, or photographs for advertising, point-of-sale commercials, or other promotional material for Freescale Products. REQUEST NO. 108: All memoranda, correspondence, bulletins, newsletters, or other documents that currently or since 2000 have been distributed to, made available to, received from, or drafted by your present or former employees engaged in marketing or sales functions relating to Freescale Products. REQUEST NO. 109: All documents prepared by, provided by, sent to, or received from your advertising agencies or public relations firms relating to any Freescale Product. REQUEST NO. 110: All documents that you may introduce as exhibits at the trial of this matter.

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REQUEST NO. 111: All documents identifying by name, company, address and title, all third parties hired by you or your counsel to investigate the above-captioned litigation, ProMOS, the patentsin-suit, or any ProMOS products. REQUEST NO. 112: Ten samples of each Freescale Product. REQUEST NO. 113: Any and all witness statements taken in connection with this litigation. REQUEST NO. 114: All documents provided to any person(s) that you expect to call as an expert witness at trial. REQUEST NO. 115: All documents relied upon by any person(s) that you expect to a call as an expert witness at trial in forming the opinion(s) as to which the person(s) will or may testify. REQUEST NO. 116: All documents relating to each person you employ, have employed, or have retained as an expert, including but not limited to curriculum vitae, resumes, retention agreements, letters, statements, and communications. REQUEST NO. 117: All documents on which you intend to rely for and/or that might be relevant to a reasonable royalty analysis or calculation using the so-called Georgia Pacific factors.

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ASHBY & GEDDES

__________________________ 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 Telecopier: (302) 654-2067 [email protected] [email protected] [email protected] Of Counsel: William H. Wright HOGAN & HARTSON LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 Telephone: (310) 785-4672 Facsimile: (31) 785-4601 Steven J. Routh Sten A. Jensen HOGAN & HARTSON LLP 555 Thirteenth Street, NW Washington, DC 20004 Telephone: (202) 637-6472 Facsimile: (202) 637-5910 Dated: April 12, 2007
179643.1

Attorneys for Plaintiff ProMOS Technologies, Inc.

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EXHIBIT 7

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

C.A. No. 06-788 (JJF)

DEFENDANT FREESCALE'S RESPONSE TO PLAINTIFF PROMOS TECHNOLOGIES, INC.'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS FROM DEFENDANT FREESCALE SEMICONDUCTOR, INC. (NOS. 1-117) Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Defendant Freescale Semiconductor, Inc. ("Freescale") responds as follows to Plaintiff ProMOS Technologies, Inc.'s First Set Of Requests For Production Of Documents And Things From Defendant Freescale Semiconductor, Inc. (Nos. 1-117), served by ProMOS Technologies, Inc. ("ProMOS") on April 12, 2007. GENERAL OBJECTIONS 1. Freescale objects to these document requests as premature, overly broad,

unduly burdensome, and seeking information neither relevant to the subject matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence because ProMOS has not provided Freescale with sufficient information concerning its allegations (e.g., the identity of the accused Freescale products, the identity of the asserted claims, and an explanation of ProMOS's infringement contentions) to permit Freescale to respond with relevant information. Where appropriate, Freescale will supplement its responses within a reasonable time frame upon receiving sufficient information from ProMOS regarding its allegations to allow Freescale to

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respond meaningfully thereto.

In this regard, Freescale acknowledges that it just received

ProMOS's interrogatory responses that purport to contain some of the missing information identified above, and Freescale is in the process of evaluating those responses. 2. Freescale's Specific Objections to each document request are in addition

to the General Objections set forth in this section. These General Objections form a part of the response to each and every document request and are set forth here to avoid the duplication and repetition of restating them for each response. The absence of a reference to a General Objection in each response to a particular document request does not constitute a waiver of any General Objection with respect to that document request. All responses are made subject to and without waiver of Freescale's General and Specific Objections. By making a Specific Objection to a particular document request, Freescale does not imply that that Specific Objection is not applicable in response to any other document request, nor that the General Objections are not applicable to that document request. A statement in these responses that responsive documents will be produced should not be taken to mean that any such documents actually exist, but only that, if they exist and can be located through a reasonable search of Freescale's records, they will be produced. Any documents to be produced will be produced for review at a mutually

agreeable and convenient time and place. 3. A partial answer to any document request which has been objected to in

whole or in part is not a waiver of the objection. By asserting various objections, Freescale does not waive other objections that may become applicable. 4. Freescale objects to these document requests to the extent they request

information protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege, law, rule, or immunity. Should any response by Freescale

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include such privileged or protected information, such disclosure is inadvertent and shall not constitute a waiver of any applicable privilege or immunity, of any other ground for objecting to discovery with respect to such response, or of Freescale's right to object during this litigation or otherwise to the use of such response. 5. Freescale objects to these document requests to the extent they are

inconsistent with, enlarge upon, or exceed the scope of discovery permitted by the Federal Rules of Civil Procedure, the Local Rules of the District of Delaware, or the parties' proposed Rule 16 Scheduling Order submitted to the Court on May 4, 2007. Freescale also objects to these document requests to the extent they are contrary to or inconsistent with any Court order in this litigation. 6. Freescale objects to these document requests to the extent they seek

information not relevant to any issue in this case and to the extent they are not reasonably calculated to lead to the discovery of admissible evidence. 7. Freescale objects to these document requests as overly broad and unduly

burdensome to the extent they purport to require production of information, documents, or things not in the possession, custody, or control of Freescale. 8. Freescale objects to these document requests to the extent they seek

information obtainable from some other source (including, but not limited to, a public source) that is more convenient, less burdensome, or less expensive. 9. Freescale objects to these document requests to the extent they seek

information and documents obtained by Freescale from a third party pursuant to a nondisclosure and/or confidentiality agreement the terms of which prohibit Freescale from disclosing,

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producing, revealing, and/or divulging such information and documents to any other party, including ProMOS. 10. Freescale objects to these document requests to the extent they

prematurely seek information or opinions to be provided by expert witnesses. 11. Freescale's responses to these document requests are made without in any

way waiving (a) the right to object to the use of any information, documents, or things provided herein as evidence in any subsequent proceeding in this action or any other action on the grounds of competency, relevancy, materiality, privilege, or other grounds of admissibility; and (b) the right to object on any ground to other discovery requests involving or relating to the subject matter of these document requests. Furthermore, Freescale is providing responses herein in an effort to expedite discovery in this action and not as an indication or admission by Freescale of the relevancy, materiality, or admissibility thereof, and Freescale hereby reserves all objections to Plaintiff's use of such responses. 12. Freescale objects to the definition of "Freescale" as set forth in paragraph

2 of the definitions set forth in ProMOS's First Set of Document Requests to the extent it purports to impose discovery obligations on persons or entities other than the parties to this lawsuit. Subject to and without waiving its objection to this definition, Freescale will respond to a request for production using any such defined term by diligently conducting its investigation and responding to discovery in light of those persons affiliated with Freescale during the relevant time period who are likely to have information relevant to the subject matter of this action, but without assuming any obligation to determine all of the information required under ProMOS's definition.

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13.

Freescale objects to these document requests to the extent they purport to

require Freescale to produce and/or