IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF NORTH CAROLINA

NVIDIA CORPORATION, )
) Civil Action No.: 1:08-cv-473
Plaintiff, )
)
v. )
)
RAMBUS, INC. )
)
Defendant. )
___________________________________ )

PLAINTIFF’S REPLY IN SUPPORT OF MOTION FOR EXPEDITED HEARING

ON DEFENDANT’S MOTION TO TRANSFER AND MOTION TO DISMISS

Defendant’s opposition makes it clear that both parties would like the Court to rule

on Defendant’s Motion to Transfer on an expedited basis in view of the CMC that is

currently scheduled to take place in the California Action on December 5, 2008. (See

D.E. 31, at p. 2). Defendant, however, objects to Plaintiff’s request that the Court

consider both Defendant’s Motion to Transfer and Motion to Dismiss on an expedited

basis. (Id.). Plaintiff respectfully suggests that the Court should consider those motions

jointly on an expedited basis because: (1) the evidence and law pertaining to both

motions are substantially related (such motions are often contained in a single pleading,

yet Defendant chose to file its Motion to Transfer a week after filing its Motion to

Dismiss); and (2) if the Court fails to rule on Defendant’s Motion to Dismiss prior to the

California Action’s CMC, the parties will still not have certainty regarding what claims

will be allowed to proceed in North Carolina, thus defeating the purpose of expedited

consideration altogether.

Case 1:08-cv-00473-UA-WWD Document 32 Filed 11/04/2008 Page 1 of 3

 As for whether a hearing would help expedite the process and answer any

unresolved questions the Court may have, Plaintiff of course defers to the Court.

Respectfully submitted,

This the 4th day of November, 2008.

/s/ John F. Morrow, Jr.

Mark N. Poovey (NC Bar No. 9416)
John F. Morrow, Jr. (NC Bar No. 23382)
Jason C. Hicks. (NC Bar No. 33575)
Attorneys for Plaintiff Nvidia Corporation
WOMBLE CARLYLE SANDRIDGE & RICE,
PLLC
One West Fourth Street
Winston-Salem, North Carolina 27101
Telephone: (336) 721-3600
Telephone: (336) 721-3660
mpoovely@wcsr.com
jmorrow@wcsr.com
jahicks@wcsr.com

-and-

J. Peter Coll, Esq.

Karen D. Thompson, Esq.
ORRICK, HERRINGTON & SUTCLIFFE, LLP
666 Fifth Avenue
New York, New York 10103
Telephone: (212) 506-5000
Facsimile: (212) 506-5151

I. Neel Chatterjee, Esq.

Sean Lincoln, Esq.
Na’il Benjamin, Esq.
ORRICK, HERRINGTON & SUTCLIFFE, LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone: (650) 614-7400
Facsimile: (650) 614-7401

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Case 1:08-cv-00473-UA-WWD Document 32 Filed 11/04/2008 Page 2 of 3

 CERTIFICATE OF SERVICE

The undersigned hereby certifies that he is an attorney at law licensed to practice

in the State of North Carolina, and is a person of such age and discretion as to be
competent to serve process.

That on November 4, 2008, he caused to be served a copy of the foregoing

PLAINTIFF’S REPLY IN SUPPORT OF MOTION FOR EXPEDITED HEARING
ON DEFENDANT’S MOTION TO TRANSFER AND MOTION TO DISMISS in
the manner indicated below and addressed as follows:

Via ECF:

DANIEL ALAN M. RULEY

BELL DAVIS & PITT, P.A.
POB 21029
WINSTON-SALEM, NC 27120-1029
336-714-4147
Fax: 336-722-8153
Email: aruley@belldavispitt.com

/s/ John F. Morrow, Jr.

John F. Morrow, Jr. (NC Bar No. 23382)
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC

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Case 1:08-cv-00473-UA-WWD Document 32 Filed 11/04/2008 Page 3 of 3