Feeds

NEC rejects AMD subpoena demands

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

  • alert
  • submit to reddit

Gartner critical capabilities for enterprise endpoint backup

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

Gartner critical capabilities for enterprise endpoint backup

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Fast And Furious 6 cammer thrown in slammer for nearly three years
Man jailed for dodgy cinema recording of Hollywood movie
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?