Free Declaration in Support - District Court of California - California

ase 3:O7—cv-02963-WHA Document 5 Filed 06/O7/2007 Page 1 of 4 I
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1 LATHAM & WATKINS LLP
MARGARET M. ZWISLER ([email protected])
2 AMANDA P. REEVES ([email protected])
555 Eleventh Street, N.W., Suite 1000
3 Washington, D.C. 20004 1
Telephone: (202) 637-2200 E
4 Facsimile: (202) 637-2201
5 CHARLES H. SAMEL (SBN 182019) ([email protected])
JENNIFER A. CARMASSI (SBN 221592) ([email protected])
6 633 West Fifth Street, Suite 4000
, Los Angeles, California 90071-2007
7 Telephone: (213) 485-1234 *
Facsimile: (213) 891-8763 {
8
Attorneys for Defendants ATI Technologies ULC and
9 Advanced Micro Devices, Inc.
10
COOLEY GODWARD KRONISH LLP {
1 I STEPHEN C. NEAL (170085) ([email protected]) I
JOHN C. DWYER (136533) ([email protected])
12 JAMES DONATO (146140) ([email protected])
WHITTY SOMVICHIAN (194463) ([email protected])
13 JEFFREY M. GUTKIN (216083) (jgutl 101 California Street, 5th Floor I
14 San Francisco, CA 94111-5800 z
Telephone: (415) 693-2000 I
15 Facsimile: (415) 693-2222 I
16 Attorneys for Defendant NVIDIA Corporation l
]7 UNITED STATES DISTRICT COURT [
18 NORTHERN DISTRICT OF CALIFORNIA E
19
20 IN RE GRAPHICS PROCESSING UNITS Case N0. M-07-CV-01826-WHA
ANTITRUST LITIGATION
21 MDL No. 1826 [
22
DECLARATION OF
23 CHARLES H. SAMEL IN SUPPORT
This Document Relates To: OF DEFENDANTS’ MOTION TO ‘
24 STAY DISCOVERY l
ALL ACTIONS ,
25 Hon. William H. Alsup '
Courtroom 9, 19th Floor l
26 Date: July 12, 2007
Time: 8:00 a.m.
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L’"fYf*O’:‘N“;§’;"’j][f_LN$*‘° DECL. OF CHARLES H. SAMEL ISO
LOSANGELES DEFENDANTS’ MOTION TO STAY
DISCOVERY - Case No. M—07—CV-01826-WHA

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1 I DECLARATION OF CHARLES H. SAMEL J
2 J I, Charles H. Samel, declare as follows:
3 i 1. I am a partner at the law firm of Latham & Watkins LLP, counsel of
4 record for defendants Advanced Micro Devices, Inc. ("AMD") and AT1 Technologies ULC, and
5 am one of the attorneys at the firm with responsibility for this matter. J
6 2. I submit this declaration in support of defendants’ motion to stay J
7 discovery, filed concurrently herewith. I have personal knowledge of the matters set forth J
8 herein, except as indicated, and would testify truthfully hereto if so requested. J
9 3. On November 30 and December 1, 2006, AMD and NVIDIA Corporation, J
10 respectively, publicly announced that that each had received a subpoena from the Antitrust
11 Division of the U.S. Department of Justice in connection with its investigation into competitive
12 practices in the “Graphics Processing Units and Cards" industry.
13 4. Within days of these public disclosures, plaintiffs Henry Tmong,
14 J Stephanie Truong, Trong Nguyen, and Judd Eliasoph, each represented by the Furth firm, filed
15 separate, but nearly identical, complaints in this Court. I, or other attorneys at my direction who J
16 have reported their findings to me regarding the matters herein, have reviewed these complaints
17 and the related complaints filed against defendants in this matter and know the contents therein. J
18 5. A true and correct copy of the complaint in Henry Truong v. Nvidia Corp., J
19 et al., N.D. Cal. case no. 06-7417 ("Truong Complaint"), filed on December 5, 2006, is attached J
20 hereto as Exhibit A. J
21 6. Since plaintiffs Henry Truong, Stephanie Truong, Trong Nguyen, and J
22 Judd Eliasoph filed their complaints in early December 2006, plaintiffs have filed nearly fifty J
23 additional copycat lawsuits. Q
24 7. The plaintiffs in the vast majority of these actions purport to tile their J
25 complaints on behalf of a putative class of persons who bought defendants’ products indirectly,
26 for their own use and not for resale. J
27 8. A much smaller number of complaints allege a class of direct purchasers.
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ase 3:O7—cv-02963-WHA Document 5 Filed 06/O7/2007 Page 3 of 4 i
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1 9. According to the complaints, nearly all of the named plaintiffs in these
2 actions are individual consumers who claim that they paid inflated prices when they purchased
3 graphics cards that contain GPUs, or when they purchased various electronic devices that contain
4 GPUs as components.
5 10. According to the complaints, none of the named plaintiffs is a
6 i manufacturer of graphic cards, personal computers or other consumer electronic devices that
7 contain GPUs and graphics cards. Similarly, none of the named plaintiffs appears to be a
8 distributor that sells GPUs to retailers or an Original Equipment Manufacturer.
9 11. In the complaints filed so far, plaintiffs allege that the defendants
10 conspired to fix prices in violation of federal antitrust law and/or in violation of the state antitrust I
1 1 and/or consumer protection statutes of more than 40 different states.
12 12. Plaintiffs’ complaints merely reference the fact that the DOJ has sought
13 production of documents from defendants and recite in conclusory terms the language of the
14 antitrust statutes. R i
15 13. On June 1, 2007, in In re Dynamic Random Access Memory (DRAM) i
16 5Antitrust Litigation, Judge Hamilton dismissed claims brought by indirect purchasers of DRAM
17 chips, and products that contain DRAM chips as components, under the antitrust laws of fourteen i
18 states likely to be at issue here, including California. A true and correct copy of Judge
19 Hamilton’s Order Granting in Part and Denying in Part Defendants’ Motion for Judgment on the
20 Pleadings, No. 02-1486 (N.D. Cal. June 1, 2007), is attached hereto as Exhibit B. ]
21 Executed on June 7, 2007, in Los Angeles, California. g
22
23 /s/ Charles H. Samel
24 Charles H. Samel I
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C{ase 3:O7—cv-02963-WHA Document 5 Filed 06/O7/2007 Page 4 of 4
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2 FILER’S ATTESTATION;
3 Pursuant to General Order N0. 45, § X(B) regarding signatures, I attest under penalty of
4 perjury that the concurrence in the tiling of this document has been obtained from its signatory. i
5 Dated: June 7, 2007 1
By: /s/ James Donato
6 James Donato I
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