Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00485-JJF Document 674-3 Filed O3/20/2008 Page1 of 3
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Case 1 :05-cv-00485-JJF Document 674-3 Filed O3/20/2008 Page 2 of 3
ZELLE, HOFMANN, Vo12LBEL, MAsoN & Gnrrn
_ A LIMITED LIABILITY pAnmERsuu=
BOSTON 44 MONTGOMERY STREET - SUITE 3400 Judith A. Zahid
DALLAS SAN FRANCISCO, CA 94104 [email protected]
Los ANGELES 415-693-0700 TELEPHONE (415) 633-1916
MINNEAPOLIS 415-693-0770 FACSIMILE
SAN FRANCISCO www.zeIIe.e0m
WASHINGTON, D.c.
Baumer
SHANcHAI*
'In association with ZY & Partners
November 16, 2006
Via U.S. and Electronic Mail
Jill D. Neiman ‘
Morrison Foerster
425 Market Street
San Francisco, California 94105-2482
[email protected]
Re: In re Intel Corp. Microprocessor Antitrust Litigation (MDL No. l7l7-UF)
Phil Paul v. Intel Corp. (C.A. No. 05-485-JJF)
Dear Ms. Neiman:
I write to advise you of Class Plaintiffs’ position regarding production of documents and
production of transactional data Rom Fujitsu Ltd., Fujitsu America, Inc., and Fujitsu Computer
Systems, Inc. ("Fujitsu"). If you have any questions, please do not hesitate to contact me.
We have decided not to seek production of any doctunents from Fujitsu at this time. Until
further notice, we no longer will participate in negotiations regarding production of your
documents, and we will not share in any ofthe costs of production of your documents.
If we later seek production of any of your documents, we agree to be boimd by the scope of
production previously agreed upon by you, AMD and Intel or previously ordered by the Court.
That is, if at the time we seek production of any of yom documents, a production agreement or
court order exists governing the scope of your production to AMD and Intel, we will not seek
production of any doctunents outside the scope of that agreement or order. Moreover, if we later
seek production of any of the documents that you have already produced to AMD and Intel, we
will seek the production from one of those companies and not from Fujitsu.
However, we must reserve our rights as to any documents that you do not produce to Al\/lD and
Intel on the basis of the Foreign Trade Antitrust Improvements Act. If those documents are
subject to production in the class actions, we reserve our right to seek and obtain their production
from you in our cases, even though they are not produced to AMD and Intel.

Case 1 :05-cv-00485-JJF Document 674-3 Filed O3/20/2008 Page 3 of 3
Letter to Fujitsu
November 16, 2006
Page 2
Our position as to transactional data is different from our position, stated above, regarding
documents. We still seek prompt production of the transactional data requested in our subpoena
and will continue to negotiate with you concerning production of that data. (If you have not been
contacted by class counsel yet regarding your data, you should expect a letter from me shortly on
that topic.)
I trust this makes our positions clear regarding production of your documents and production of
your transactional data.
Warm regards,
61-4,;. c` . '%,,/t,_,;_
Judith A. Zahid
cc: (Via Electronic Mail Only)
Bo Pearl, O’Melveny & Meyers
Sa.n1 Liversidge, Gibson Dunn
Tom Dove, Furth Lehmarm & Grant