The Channel logo

News

By | Tony Smith 29th July 2005 10:33

NEC rejects AMD subpoena demands

Chip maker's requests are 'vague, overly broad, unduly burdensome'

AMD vs Intel NEC has hit back at AMD's attempt to subpoena the computer maker to provide evidence in the chip maker's antitrust case against its arch-rival, Intel.

NEC this week filed with the US District Court of Delaware a series of formal objections to the various subpoenas issued earlier this month by AMD lawyers against its subsidiaries NEC USA and NEC Computers.

AMD served a third subpoena on NEC this week, this time at the company's New York City address, court documents seen by The Register reveal.

NEC's objections apply to the first two subpoenas, but it's almost certainly going to object to the third one in the same manner.

The computer maker's primary complaint against the subpoenas is that the documents AMD's lawyers are seeking - they believe the files will provide evidence of Intel's alleged attempts to get PC makers to buy only Intel product and to reject AMD chips - are kept in Japan, outside the jurisdiction of the court.

The subpoenas seek "the preservation of documents located outside of the United States, the subsequent production of which in this matter would not be allowed under foreign law, including but not limited to the law of Japan". Some requested documents "no longer exist or cannot be identified", it adds. Others AMD already has.

The company also claims the subpoenas' requirements go beyond the obligations what US law imposes upon the servee. It also claims they are "vague and overly broad", and "seek materials irrelevant to the subject matter of this litigation".

More to the point, perhaps, they are "unduly burdensome" - NEC wants the court to order AMD to cough up the expenses it will incur in finding and providing the documents the chip maker wants.

In all, NEC makes two dozen general objections to each AMD subpoena, along with 17 objections to specific requests made by the chip maker's lawyers. All of them essentially centre on the complaints mentioned above.

AMD will have an opportunity to object to the objections, but the case's presiding judge, Judge Joseph J Farnan Jr, will in due course have to decide whether to let NEC off the hook, or force AMD to issue a modified subpoena.

Separately, AMD this week issued subpoenas to Gateway and ASI Computer Technologies, a Fremont, California-based distributor that targets VARs, retailers and system builders. ®

Related stories

AMD's battle with Intel to go west?
Date set for Intel's response to AMD antitrust claims
Dixons disses AMD claims
AMD wants Intel evidence from 30 firms
AMD files anti-trust suit against Intel

alert Send corrections

Opinion

Alexandre Mesguich

Change is order of day as tech giants shift strategy gears
Partnership

Frank Jennings

Confused? No problem, we have 5, no 6, no 7... lots of standards

Chris Mellor

VC sequence could end not with a bang, but a whimper
Sad man stares glumly over boxed contents of desk. Image via shutterstock (Baranq)

Features

money trap conceptual illustration
Big boys snare the unwary with too-good-to-be-true deals
Angus Highland cow
Pet carriers not wanted for whitebox stampede
FBcoldstoragearray
Sorry OpenStack and Open Compute, we're not all Facebook
Gary Kovacs, CEO of AVG. Pic: World Economic Forum
Scammy download sites? Government snooping? Run of the mill for Gary Kovacs