Free Response ( Non Motion ) - District Court of California - California

Case 5:07-cv-05248-JW

Document 121

Filed 03/07/2008

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HAROLD J. MCELHINNY (CA SBN 66781) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 KENNETH A. KUWAYTI (CA SBN 145384) [email protected] MARC DAVID PETERS (CA SBN 211725) [email protected] MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: 650-813-5600 Facsimile: 650-494-0792 Attorneys for Defendants ADVANCED MICRO-FABRICATION EQUIPMENT, INC. CHINA, ADVANCED MICRO-FABRICATION EQUIPMENT, INC. ASIA, and ADVANCED MICROFABRICATION EQUIPMENT INC. UNITED STATES DISTRICT COURT

14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 APPLIED MATERIALS, INC., 18 Plaintiff, 19 v. 20 21 22 23 Defendants. 24 25 26 27 28
DEFENDANTS' RESPONSE TO COURT'S NOTICE OF ASSIGNMENT OF SPECIAL MASTER CASE NO. C07 05248 JW pa-1239818

Case No.

C07 05248 JW

DEFENDANTS' RESPONSE TO THE COURT'S NOTICE OF ASSIGNMENT OF SPECIAL MASTER

ADVANCED MICRO-FABRICATION EQUIPMENT, INC. CHINA, ADVANCED MICRO-FABRICATION EQUIPMENT, INC. ASIA, ADVANCED MICRO-FABRICATION EQUIPMENT INC.,

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Case 5:07-cv-05248-JW

Document 121

Filed 03/07/2008

Page 2 of 2

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Defendants AMEC China, AMEC Asia and AMEC Inc. (collectively "Defendants") hereby respond to the Court's Notice of Intent to Appoint a Special Master as follows: Defendants do not object to the appointment of Tom Denver as Special Master. Defendants wish to preserve their right to have the Court decide de novo all objections to findings of fact made or recommended by the Special Master pursuant to Federal Rule of Civil Procedure section 53(g)(3) as well as to conclusions of law made or recommended by the Special Master pursuant to Federal Rule of Civil Procedure section 53(g)(4) and object to any procedure to the contrary. In addition, Defendants object to the sharing of costs and fees for the Special Master by the parties on a "per capita" basis as provided in section 2 of the Order. The three defendants are related entities, two of which are holding companies, and the parties have set discovery limits on a "per side" basis rather than a "per capita" basis. The parties have accordingly stipulated to sharing the costs and fees by allocating 50% to the plaintiff and 50% to the defendants collectively. A stipulation and proposed order is being filed concurrently with this response. Dated: March 7, 2008 HAROLD J. MCELHINNY KENNETH A. KUWAYTI MARC DAVID PETERS MORRISON & FOERSTER LLP By: /s/ KENNETH A. KUWAYTI Kenneth A. Kuwayti

Attorneys for Defendants ADVANCED MICRO-FABRICATION EQUIPMENT, INC. CHINA, ADVANCED MICRO-FABRICATION EQUIPMENT, INC. ASIA, and ADVANCED MICRO-FABRICATION EQUIPMENT INC.

DEFENDANTS' RESPONSE TO COURT'S NOTICE OF ASSIGNMENT OF SPECIAL MASTER CASE NO. C07 05248 JW pa-1239818

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