Feeds

NEC rejects AMD subpoena demands

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

  • alert
  • submit to reddit

Build a business case: developing custom apps

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

Build a business case: developing custom apps

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Nintend-OH NO! Sorry, Mario – your profits are in another castle
Red-hatted mascot, red-colored logo, red-stained finance books
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
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.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
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.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.