Best Buy Co., Inc. et al v. AU Optronics Corp. et al

Filing 522

ORDER RE NEC (Illston, Susan) (Filed on 8/9/2013)

Best Buy Co., Inc. et al v. AU Optronics Corp. et al

Doc. 522

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8
9
United States District Court
For the Northern District of California

10

IN RE: TFT-LCD (FLAT PANEL) ANTITRUST
LITIGATION
/

No. M 07-1827 SI
MDL. No. 1827

This Order Relates to:

ORDER RE NEC

11
12
13
14
15
16

Best Buy v. AU Optronics Corp. et al.,
Case No. 10-CV-4572,
Best Buy v. Toshiba Corp. et al.,
Case No. 12-CV-4114
/

17

Defendants object to Best Buy’s proposed summary witness charts and testimony concerning

18

NEC Corporation, NEC LCD Technologies, Ltd., NEC Display Solutions, Ltd and NEC Display

19

Solutions of America, Inc. as irrelevant and confusing, since this Court previously excluded claims for

20

damages based on purchases from NEC Corporation, NEC Corporation of America and NEC Display

21

Solutions of America. See MDL Dkt. No. 7419 at 9. Best Buy has stipulated that its claims against both

22

HannStar and Toshiba are governed by that exclusion order, but argues that it should be permitted to

23

recover damages for direct purchases from the other NEC finished product vendors under the ownership

24

or control exception to Illinois Brick found in Royal Printing.

25

The Court disagrees. The exclusion order clearly applies to damages based on purchases from

26

the three NEC entities, and Best Buy stipulates that it applies its claims against both HannStar and

27

Toshiba. The notice concerns on which the exclusion order was originally premised would be

28

exacerbated by introduction now, in the midst of trial, of a new theory to bring damages based on

Dockets.Justia.com

1
2

purchases from these excluded entities back into the case.
Defendants’ objection to the NEC summary chart and testimony is sustained.

3
4

IT IS SO ORDERED.

5
6
7

Dated: August 9, 2013
___________________________
SUSAN ILLSTON
United States District Judge

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2