Free Stipulation - District Court of Delaware - Delaware

Case 1 :05-cv-00485-JJF Document 678 Filed O3/24/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE INTEL CORPORATION )
MICROPROCESSOR ANTIT RUST ) MDL No. 05-1717-JJF
LITIGATION )
)
)

ADVANCED MICRO DEVICES, INC. and )
AMD NTERNATIONAL SALES & ) .
SERVICE, LTD., ) C. A. No. 05-441-JJF
)
Plaintiffs, )
)
vs. )
)
INTEL CORPORATION and INTEL )
KABUSHIKI KAISHA, )
)
Defendants. Q
)
PHIL PAUL, on behalf of himself and all others )
similarly situated, ) C. A. No. 05-485-JJF
)
Plaintiffs, ) CONSOLIDATED ACTION
)
vs. )
)
INTEL CORPORATION, )
Defendant. )

STIPULATION AND PROPOSED ORDER REGARDING REMOTE
ACCESS FOR NON-TESTIFYING EXPERTS
WHEREAS, this action was commenced on June 27, 2005 by plaintiffs Advanced
Micro Devices, Inc. and AMD International Sales & Service, Ltd. (hereafter jointly,
“AMD") against defendants Intel Corporation and Intel Kabushiki Kaisha (hereafter
jointly, "Intel");

Case 1 :05-cv-00485-JJF Document 678 Filed O3/24/2008 Page 2 of 4
WHEREAS, coordinated class actions filed by purchasers ("Class Plaintiffs") are
also pending in this District against Intel pursuant to a November 3, 2005 order of the
Judicial Panel on Multidistrict Litigation;
WHEREAS, AMD, Intel, and the Class Plaintiffs have jointly entered into the
SECOND AMENDED STIPULATION REGARDING ELECTRONIC DISCOVERY
AND FORMAT OF DOCUMENT (hereafter, "Stipulation"), approved by the Court;
WHEREAS, Paragraphs 16-17 of the Stipulation generally govems access to the
native documents;
WHEREAS, Paragraph 18 of the Stipulation governs access to the native files by
non-testifying expert personnel;
WHEREAS, the parties have met and conferred with regard to providing
additional access to native files by non-testifying expert personnel;
NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG AMD,
INTEL, AND CLASS PLAINTIFFS, THROUGH THEIR RESPECTIVE COUNSEL
AND SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS:
1. Intel, AMD, and Class Plaintiffs shall each be permitted to designate not
more than three non-testifying experts for remote access to the native document database.
2. Each such designee shall agree to comply with the security
protocols defined in the Stipulation, and shall not be permitted to download, copy, print,
or otherwise utilize the documents outside the confines of the native review application
tool.
3. The parties agree to monitor compliance, and report any breaches of
security promptly, and to suspend access to any non-testifying expert who does not
comply with the protocols in any manner.
4. Staff assisting the non-testifying expert will be permitted to access the
native documents, and will similarly be bound by the security provisions of the
Stipulation. A maximum of 3 staff members for each non-testifying expert shall be
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Case 1:O5—cv—OO485-JJF Document 678 Filed O3/24/2008 Page 3 of 4
permitted such access. A list will be maintained by each party of the individuals
accessing the database. In the event of a dispute between the parties regarding
compliance with the protocols, and for good cause shown, the list may be provided in
camera to the Special Master for his use in resolving such disputes as may arise.
Dated: March 24, 2008 POTTER ANDERSON & CORROON LLP
By: /s/ W Harding Drane, Jr.
Richard L. Horwitz (#2246)
[email protected]
W. Harding Drane, Jr. (#1023)
[email protected]
1313 North Market Street
P.O. Box 951
Wilmington, DE 198999-0951
(302) 984-6027
Attorneys for Intel Corporation and
Intel Kabushiki Kaisha
Dated: March 24, 2008 RICHARDS, LAYTON & FINGER, P.A.
By: /s/ Chad M Shandler r
Frederick L. Cottrell (#2555)
cottrell@rlt`.com
Chad M. Shandler (#3796)
[email protected]
Steven J. Fineman (#4025)
[email protected]
Richards, Layton & Finger
One Rodney Square
920 North King Street
P.O. Box 551
Wilmington, DE 19899
(302) 651-7700
Attorneys For Advanced Micro
Devices, Inc. And AMD
International Sales & Service, Ltd.
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Case 1:O5—cv—OO485-JJF Document 678 Filed O3/24/2008 Page 4 of 4
Dated: March 24, 2008 PRICKETT JONES & ELLIOTT, P.A.
By: /s/ James L. Holzman
James L. Holzman (#663)
[email protected]
J. Clayton Athey (#4378)
jcathey@pricl 1310 King Street, P.O. Box 1328
Wilmington, DE 19899
(302) 888-6509
Interim Liaison Class Counsel, MDL
1717
SO ORDERED:
Dated: _
Joseph J. Farnan, Jr.
United States District Judge
District of Delaware
856715/29282
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