Free Waiver of Service Executed - District Court of Delaware - Delaware

Case 1 :07-cv-00251-SLR Document 4 Filed 06/01 /2007 Page 1 of 2
WAIVER OF SERVICE OF SUMMONS
To: Timothy Devlin, counsel for Samsung Electronics Co., Ltd.
I, _( ,//1 Ji _»¢/?f· / /f¤’ »» (name), fj-Q‘·i!;fL2e ri) jg (title) of (or for) Renesas
Technology Corp. and Renesas Technology America, Inc., acknowledge receipt of your request
that I waive service of summons in the action of SAMSUNG ELECTRONICS CO., LTD. v.
RENESAS TECHNOLOGY CORP. and RENESAS TECHNOLOGY AMERICA, INC., which
is case number 07-251 (SLR) in the United States District Court for the District of Delaware.
I have also received a copy of the complaint in the action, two copies of this instrument,
and a means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint
in the lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with
judicial process in the manner provided by Rule 4.
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the
lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the
summons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I
am acting) if an answer or motion under Rule l2 is not served upon you within 60 days after
May 23, 2007, or within 90 days after that date if the request was sent outside the United States.
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Duty to Avoid Unnecessary costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires ceitain parties to cooperate in saving unnecessary
costs of service of the summons and complaint. A defendant located in the United States who, after being notified
of an action and asked by a plaintiff located in the United States to waive service of summons, fails to do so will be
required to hear the cost of such service unless good cause be shown for its failure to sign and return the waiver.
It is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or
that the action has been brought in an improper place or in a court that lacks jurisdiction over the subject matter of
the action or over its person or property. A party who waives service of the summons retains all defenses and
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Case 1 :07-cv-00251-SLR Document 4 Filed 06/01 /2007 Page 2 of 2
objections (except any relating to the summons or to the service of the summons), and may later object to the
jurisdiction of the court or to the place where the action has been brought.
A defendant who waives service must within the time specified on the waiver form serve on plaintiff’ s
attomey (or unrepresented plaintiff) a response to the complaint and must also file a signed copy of the response
with this coun;. If the answer or motion is not served within this time, a default judgment may be taken against that
defendant. By waiving service a defendant is allowed more time to answer than if the summons had been actually
served when the request for waiver of service was received.