Free SO ORDERED - District Court of Delaware - Delaware

Case 1 :05-cv-00441-JJF Document 249 Filed 1 1/21 /2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ADVANCED MICRO DEVICES, INC., a )
Delaware corporation, and AMD )
INTERNATIONAL SALES & SERVICE, ) Civil Action No. 05-441 JJF I
LTD., a Delaware corporation, )
)
Plaintiffs, )
)
vs. )
`
INTEL CORPORATION, a Delaware )
corporation, and INTEL KABUSHIKI )
KAISHA, a Japanese corporation, )
)
Defendants. )
)
IN RE: )
) Civil Action No. 05-MD-1717-JJF
INTEL CORPORATION )
)
PHIL PAUL, on behalf of himself and all )
others similarly situated, )
) Civil Action No. 05-485-JJF
Plaintiffs, )
) CONSOLIDATED ACTION
v. )
)
INTEL CORPORATION, )
)
)
Defendant. )
ORDER ESTABLISHING A CUT OFF DATE FOR NEGOTIATIONS
WITH THIRD PARTIES REGARDING DISCOVERY OF
INFORMATION COVERED UNDER NON-DISCLOSURE AGREEMENTS
WHEREAS, in November 2005, Advanced Micro Devices, Inc. and AMD
International Sales and Service Ltd. (collectively “AMD”) served its First Request For
Production of Documents and Things on Intel Corporation and Intel Kabushiki Kaisha
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Case 1:05—cv—00441-JJF Document 249 Filed 11/21/2006 Page 2 of 3
(collectively "Intel”);
WHEREAS, in December 2005, Intel served its First Request For Production of
Documents on AMD;
WHEREAS, since December 2005, Intel and AMD (“the Parties”) have been
negotiating regarding the production of documents pursuant to these and subsequent requests for
production of documents (collectively the "Parties’ Doctunent Production Requests");
WHEREAS, pursuant to the Parties’ Document Production Requests, the Parties
will be required to produce documents which may contain information covered by Non-
_ Disclosure Agreements ("NDAs") entered between a Party and third parties ("NDA Third
Parties");
WHEREAS, pursuant to the Protective Order entered on September 26, 2006, the
Parties are required to give notice to NDA Third Parties prior to the production of documents;
WHEREAS, commencing on October 6, 2006, AMD sent out notice letters to ·
NDA Third Parties regarding its document production to Intel;
WHEREAS, commencing on October 20, 2006, Intel sent out notice letters to
NDA Third Parties regarding its document production to AMD;
WHEREAS, since sending notice letters, both Parties have been negotiating in V
good faith with certain NDA Third Parties regarding the production of NDA Third Party
confidential information pursuant to the Parties’ Document Production Requests;
WHEREAS, by Case Management Order dated May 16, 2006 (amended
September 27, 2006), AMD and Intel must complete their exchange of documents pursuant to
the Parties’ Document Production Requests by March 27, 2007; and
WHEREAS, it is in the interest of the Parties and the NDA Third Parties to
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Case 1:05—cv—00441-JJF Document 249 Filed 11/21/2006 Page 3 of 3
effectively negotiate any remaining NDA issues and expedite the production of the Parties’
documents.
NOW THEREFORE, IT IS HEREBY ORDERED:
1. All Parties’ negotiations with each of the NDA Third Parties regarding the
production of documents pursuant to the Parties’ Document Production Requests shall be
completed on or before December 4, 2006.
2. Motion practice with respect to any dispute with an NDA Third Party that
cannot be resolved amicably may commence begirming December 5, 2006, or sooner if impasse
is reached.
3. Unless the Special Master orders otherwise (i) motion practice regarding
any NDA Third Party dispute shall be expedited as follows: opposition letter briefs shall be
served no later than five (5) business days following service of the letter application, and reply
letter briefs shall be served no later than three (3) business days following service of the
opposition letter brief; and (ii) if, after service of the reply letter brief, the Special Master deems
it necessary to hear oral argument, such argument shall be heard by telephone conference.
4. The Parties shall promptly provide copies of this Order to all NDA Third
Parties and, by November 30, 2006, shall certify to the Special Master to whom, by what method,
and on what date service to each NDA Third Party was completed.
SO ORDERED this 215* day of November, 2006.

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Vince
Special Master
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