T-Mobile U.S.A., Inc. v AU Optronics Corporation, et al

Filing 108

ANSWER to Amended Complaint ANSWER AND ADDITIONAL DEFENSES OF CHI MEI CORPORATION, CHIMEI INNOLUX CORPORATION, CHI MEI OPTOELECTRONICS USA, INC., CMO JAPAN CO. LTD., NEXGEN MEDIATECH, INC., AND NEXGEN MEDIATECH USA, INC. TO T-MOBILE U.S.A., INC.'S FIRST AMENDED COMPLAINT byCHIMEI INNOLUX CORPORATION, CMO Japan Co Ltd, Chi Mei Corporation, Chi Mei Optoelectronics USA Inc, Nexgen Mediatech Inc, Nexgen Mediatech USA Inc. (Kreissman, James) (Filed on 3/5/2012)

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James G. Kreissman (SBN 206740)
[e-mail]
Harrison J. Frahn IV (SBN 206822)
[e-mail]
Jason M. Bussey (SBN 227185)
[e-mail]
Arka D. Chatterjee (SBN 268546)
[e-mail]
Melissa M. Derr (SBN 266487)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2550 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Chi Mei Corporation, Chimei Innolux Corporation,
Chi Mei Optoelectronics USA, Inc., CMO Japan Co.,
Ltd., Nexgen Mediatech, Inc., and Nexgen Mediatech
USA, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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

CASE NO. 3:11-cv-02591-SI
MDL NO. 3:07-md-1827-SI

This Document Relates to Individual
Case No. 3:11-cv-02591-SI

ANSWER AND ADDITIONAL
DEFENSES OF CHI MEI
CORPORATION, CHIMEI INNOLUX
CORPORATION, CHI MEI
OPTOELECTRONICS USA, INC., CMO
JAPAN CO. LTD., NEXGEN
MEDIATECH, INC., AND NEXGEN
MEDIATECH USA, INC. TO T-MOBILE
U.S.A., INC.’S FIRST AMENDED
COMPLAINT

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T-MOBILE U.S.A., INC.,

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Plaintiff,
vs.
AU OPTRONICS CORPORATION, et al.
Defendants.

The Honorable Susan Illston

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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

Chi Mei Corporation (“CMC”), Chimei Innolux Corporation (“CMI”), Chi Mei

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Optoelectronics USA, Inc. (“CMO-USA”), CMO Japan Co., Ltd. (“CMO-Japan”), Nexgen

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Mediatech, Inc. (“NMT”), and Nexgen Mediatech USA (“NMT-USA”), (collectively, the “Chimei

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Entities,” or each separately, a “Chimei Entity”), by their undersigned attorneys hereby respond to

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the allegations contained in the numbered paragraphs of the First Amended Complaint

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(“Complaint”) of T-Mobile U.S.A., Inc. (“Plaintiff” or “T-Mobile”). The Chimei Entities deny all

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allegations contained in the Complaint, including headings and captions, not specifically admitted.

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I.

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INTRODUCTION
1.

Each Chimei Entity denies denies the allegations in paragraph 1 for lack of

knowledge or information sufficient to form a belief as to their truth.
2.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

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therein, and otherwise denies the allegations in paragraph 2 to the extent they are directed to that

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Chimei Entity. The Chimei Entities further deny the remaining allegations in paragraph 2 for lack

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of knowledge or information sufficient to form a belief as to their truth.

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3.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

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therein, and otherwise denies the allegations in paragraph 3 to the extent they are directed to that

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Chimei Entity. The Chimei Entities further deny the remaining allegations in paragraph 3 for lack

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of knowledge or information sufficient to form a belief as to their truth.

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4.

Each Chimei Entity denies the allegations in paragraph 4 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 4 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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5.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

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therein, and otherwise denies the allegations in paragraph 5 to the extent they are directed to that

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Chimei Entity. The Chimei entities further deny the remaining allegations in paragraph 5 for lack

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of knowledge or information sufficient to form a belief as to their truth.

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6.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

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therein, and otherwise denies the allegations in paragraph 6 to the extent they are directed to that

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Chimei Entity, except that the Chimei Entities admit that CMO-USA and NMT-USA maintained
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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offices in California. The Chimei entities further deny the remaining allegations in paragraph 6

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for lack of knowledge or information sufficient to form a belief as to their truth.
7.

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Each Chimei Entity denies the allegations in paragraph 7 to the extent they are

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directed to that Chimei Entity. The Chimei entities further deny the remaining allegations in

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paragraph 7 for lack of knowledge or information sufficient to form a belief as to their truth.

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8.

Each Chimei Entity denies the allegations in paragraph 8.

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9.

Paragraph 9 consists of Plaintiff’s characterization of its own claims, to which no

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response is required. To the extent a response is required, each Chimei Entity denies the

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allegations in paragraph 9 and otherwise denies the allegations in paragraph 9 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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II.

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JURISDICTION AND VENUE
10.

Paragraph 10 consists of Plaintiff’s characterization of its own claims, to which no

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response is required. To the extent a response is required, each Chimei Entity denies the

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allegations in paragraph 10.

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11.

Paragraph 11 consists of Plaintiff’s characterization of its own claims, to which no

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response is required. To the extent a response is required, each Chimei Entity denies the

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allegations in paragraph 11.

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12.

Paragraph 12 consists of legal conclusions, to which no response is required. To

the extent a response is required, each Chimei Entity denies the allegations in paragraph 12.
13.

To the extent paragraph 13 consists of legal conclusions, no response is required.

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Each Chimei Entity denies all such allegations. Each Chimei Entity denies the factual allegations

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in paragraph 13 to the extent directed to that Chimei Entity, except CMC, CMO, CMO-Japan and

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NMT admit that they each operated outside the United States during the purported “Conspiracy

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Period,” and CMO-USA and NMT-USA admit that they have maintained offices within the

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Northern District of California. Each Chimei Entity denies the remaining allegations in paragraph

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13 for lack of knowledge or information sufficient to form a belief as to their truth.

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14.

Paragraph 14 consists of a legal conclusion, to which no response is required. To

the extent a response is required, each Chimei Entity denies the allegations in paragraph 14.
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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Paragraph 15 consists of legal conclusions, to which no response is required. To

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the extent a response is required, each Chimei Entity denies the allegations in paragraph 15 except

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admits that In re TFT-LCD (Flat Panel) Antitrust Litigation, Case No. M:07-cv-1827 SI is

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pending in this District with Judge Susan Illston presiding.
16.

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Paragraph 16 consists of a legal conclusion, to which no response is required. To

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the extent a response is required, each Chimei Entity denies the allegations in paragraph 16.

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III.

DEFINITIONS
17.

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The final sentence of paragraph 17 consists of Plaintiff’s explanation of

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terminology, to which no response is required. To the extent a response is required, each Chimei

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Entity denies the allegations in that sentence except admits that “LCD” is an acronym for “liquid

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crystal display.” Each Chimei Entity denies the remaining allegations in paragraph 17 as overly

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simplistic and generic, except admits that they generally describe some basic aspects of the nature,

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technology and means of manufacturing LCD panels, modules and products containing LCD

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panels.

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18.

Each Chimei Entity denies the allegations in the first sentence of paragraph 18 for

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lack of knowledge or information sufficient to form a belief as to their truth. Each Chimei Entity

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denies the allegations in the second sentence of paragraph 18 to the extent directed to that Chimei

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Entity and otherwise denies the allegations for lack of knowledge or information sufficient to form

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a belief as to their truth.

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19.

Paragraph 19 consists only of Plaintiff’s characterizations and explanations of

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terminology, to which no response is required. To the extent a response is required, each Chimei

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Entity denies the allegations in paragraph 19.

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20.

Paragraph 20 consists only of Plaintiff’s characterizations and explanations of

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terminology, to which no response is required. To the extent a response is required, each Chimei

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Entity denies the allegations in paragraph 20.

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21.

Paragraph 21 consists only of Plaintiff’s characterizations and explanations of

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terminology, to which no response is required. To the extent a response is required, each Chimei

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Entity denies the allegations in paragraph 21.
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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IV.

THE PARTIES

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A.

Plaintiff T-Mobile

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22.

Each Chimei Entity denies the first three sentences of paragraph 22 for lack of

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knowledge or information sufficient to form a belief as to their truth. Each Chimei Entity denies

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final sentence of paragraph 22.

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23.

Each Chimei Entity denies the referenced companies were injured in their business

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or property and denies the remaining allegations in paragraph 23 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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24.

Each Chimei Entity denies that T-Mobile has “suffered injury” and denies the

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remaining allegations in paragraph 24 for lack of knowledge or information sufficient to form a

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belief as to their truth.

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25.

Each Chimei Entity denies the allegations in paragraph 25 for lack of knowledge or

information sufficient to form a belief as to their truth.
26.

Each Chimei Entity denies the allegations in paragraph 26 for lack of knowledge or

information sufficient to form a belief as to their truth.
27.

Each Chimei Entity denies the allegations in paragraph 27 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 27 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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28.

information sufficient to form a belief as to their truth.
B.

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Each Chimei Entity denies the allegations in paragraph 28 for lack of knowledge or

Defendants
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29.

AU Optronics

Each Chimei Entity denies the allegations in paragraph 29 for lack of knowledge or

information sufficient to form a belief as to their truth.
30.

Each Chimei Entity denies the allegations in paragraph 30 for lack of knowledge or

information sufficient to form a belief as to their truth.
31.

The first sentence of paragraph 31 consists only of Plaintiff’s characterizations and

explanations of terminology, to which no response is required. To the extent a response is
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 31. Each

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Chimei Entity denies the remaining allegations in paragraph 31 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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2.
32.

Chi Mei

Each Chimei Entity denies the allegations in paragraph 32, except that CMC admits

it is a Taiwanese corporation with its headquarters located at the address alleged.
33.

Each Chimei Entity denies the allegations in paragraph 33, except admits that the

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headquarters of CMI is located at the address alleged; that the headquarters of CMO and Innolux

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Display Corporation were located at the addresses alleged; that CMI is the surviving corporation

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of the three-way merger between CMO, Innolux Display Corporation and TPO Displays

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Corporation; that CMO manufactured and sold TFT-LCD panels and a limited volume of products

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containing TFT-LCD panels in certain years during the alleged “Conspiracy Period”; that Innolux

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Display Corporation manufactured and sold products containing TFT-LCD panels and sold a very

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limited volume of TFT-LCD panels in certain years during the alleged “Conspiracy Period”; and

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that TPO Displays Corporation manufactured and sold a very limited number of TFT-LCD panels

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in certain years during the alleged “Conspiracy Period.”

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34.

Each Chimei Entity denies the allegations in paragraph 34, except CMO-USA

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admits that its corporate headquarters are located at the address alleged; that CMO-USA was

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formerly known as International Display Technology USA, Inc.; and that CMO-USA resold a

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limited volume of TFT-LCD panels in certain years during the “Conspiracy Period.”

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35.

Each Chimei Entity denies the allegations in paragraph 35, except CMO-Japan

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admits that its headquarters are located at the address alleged, that CMO-Japan was formerly

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known as International Display Technology, Ltd., and that CMO-Japan manufactured and sold

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TFT-LCD panels in certain years during the alleged “Conspiracy Period.”

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36.

Each Chimei Entity denies the allegations in paragraph 36, except NMT admits that

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its principal place of business is located at the address alleged; that CMC is a shareholder of NMT;

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and that CMO sold TFT-LCD panels and a limited volume of products containing TFT-LCD

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panets to NMT in certain years during the alleged “Conspiracy Period.”
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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37.

Each Chimei Entity denies the allegations in paragraph 37, except NMT-USA

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admits that its principal place of business is located at the address alleged; and that NMT-USA,

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which was formed only in 2006, resold a very limited volume of products containing TFT-LCD

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panels during the final year of the alleged “Conspiracy Period.”

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38.

The first sentence of paragraph 38 consists of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies that any legal basis exists for Plaintiff’s grouping together of

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CMI, CMC, CMO-Japan, CMO-USA, NMT, and NMT-USA under the collective designation

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“Chi Mei.” Each Chimei Entity denies the allegations in paragraph 38 in all other respects.

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3.
39.

Chunghwa

Each Chimei Entity denies the allegations in paragraph 39 for lack of knowledge or

information sufficient to form a belief as to their truth.
40.

Each Chimei Entity denies the allegations in paragraph 40 for lack of knowledge or

information sufficient to form a belief as to their truth.
41.

Each Chimei Entity denies the allegations in paragraph 41 for lack of knowledge or

information sufficient to form a belief as to their truth.
42.

The first sentence of paragraph 42 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 42. Each

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Chimei Entity denies the remaining allegations in paragraph 42 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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43.

information sufficient to form a belief as to their truth.

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27
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Each Chimei Entity denies the allegations in paragraph 43 for lack of knowledge or

4.
44.

Epson

Each Chimei Entity denies the allegations in paragraph 44 for lack of knowledge or

information sufficient to form a belief as to their truth.
45.

Each Chimei Entity denies the allegations in paragraph 45 for lack of knowledge or

information sufficient to form a belief as to their truth.
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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46.

Each Chimei Entity denies the allegations in paragraph 46 for lack of knowledge or

information sufficient to form a belief as to their truth.
47.

The first sentence of paragraph 47 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 47. Each

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Chimei Entity denies the remaining allegations in paragraph 47 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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5.
48.

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Each Chimei Entity denies the allegations in paragraph 48 for lack of knowledge or

information sufficient to form a belief as to their truth.

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Hannstar

6.
49.

Hitachi

Each Chimei Entity denies the allegations in paragraph 49 for lack of knowledge or

information sufficient to form a belief as to their truth.
50.

Each Chimei Entity denies the allegations in paragraph 50 for lack of knowledge or

information sufficient to form a belief as to their truth.
51.

Each Chimei Entity denies the allegations in paragraph 51 for lack of knowledge or

information sufficient to form a belief as to their truth.
52.

Paragraph 52 consists of Plaintiff’s characterizations and explanations of

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terminology, to which no response is required. To the extent a response is required, each Chimei

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Entity denies the allegations in paragraph 52.

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7.
53.

LG Display

Each Chimei Entity denies the allegations in paragraph 53 for lack of knowledge or

information sufficient to form a belief as to their truth.
54.

Each Chimei Entity denies the allegations in paragraph 54 for lack of knowledge or

information sufficient to form a belief as to their truth
55.

The first sentence of paragraph 55 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 55. Each
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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Chimei Entity denies the remaining allegations in paragraph 55 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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8.
56.

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Each Chimei Entity denies the allegations in paragraph 56 for lack of knowledge or

information sufficient to form a belief as to their truth.
57.

Each Chimei Entity denies the allegations in paragraph 57 for lack of knowledge or

information sufficient to form a belief as to their truth.
58.

Each Chimei Entity denies the allegations in paragraph 58 for lack of knowledge or

information sufficient to form a belief as to their truth.

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Phillips

9.
59.

Samsung

Each Chimei Entity denies the allegations in paragraph 59 for lack of knowledge or

information sufficient to form a belief as to their truth.
60.

Each Chimei Entity denies the allegations in paragraph 60 for lack of knowledge or

information sufficient to form a belief as to their truth.
61.

Each Chimei Entity denies the allegations in paragraph 61 for lack of knowledge or

information sufficient to form a belief as to their truth.
62.

Each Chimei Entity denies the allegations in paragraph 62 for lack of knowledge or

information sufficient to form a belief as to their truth.
63.

Each Chimei Entity denies the allegations in paragraph 63 for lack of knowledge or

information sufficient to form a belief as to their truth.
64.

The first sentence of paragraph 64 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 64. Each

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Chimei Entity denies the remaining allegations in paragraph 64 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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65.

Each Chimei Entity denies the allegations in paragraph 65 for lack of knowledge or

information sufficient to form a belief as to their truth.

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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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66.

Each Chimei Entity denies the allegations in paragraph 66 for lack of knowledge or

information sufficient to form a belief as to their truth.
67.

Each Chimei Entity denies the allegations in paragraph 67 for lack of knowledge or

information sufficient to form a belief as to their truth.
68.

Each Chimei Entity denies the allegations in paragraph 68 for lack of knowledge or

information sufficient to form a belief as to their truth.
69.

The first sentence of paragraph 69 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 69. Each

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Chimei Entity denies the remaining allegations in paragraph 69 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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10.
70.

Sanyo

Each Chimei Entity denies the allegations in paragraph 70 for lack of knowledge or

information sufficient to form a belief as to their truth.
71.

The first sentence of paragraph 71 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 71. Each

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Chimei Entity denies the remaining allegations in paragraph 71 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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11.
72.

Sharp

Each Chimei Entity denies the allegations in paragraph 72 for lack of knowledge or

information sufficient to form a belief as to their truth.
73.

Each Chimei Entity denies the allegations in paragraph 73 for lack of knowledge or

information sufficient to form a belief as to their truth.
74.

The first sentence of paragraph 74 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 74. Each

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Chimei Entity denies the remaining allegations in paragraph 74 for lack of knowledge or
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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information sufficient to form a belief as to their truth.

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12.
75.

Toshiba

Each Chimei Entity denies the allegations in paragraph 75 for lack of knowledge or

information sufficient to form a belief as to their truth.
76.

Each Chimei Entity denies the allegations in paragraph 76 for lack of knowledge or

information sufficient to form a belief as to their truth.
77.

Each Chimei Entity denies the allegations in paragraph 77 for lack of knowledge or

information sufficient to form a belief as to their truth.
78.

Each Chimei Entity denies the allegations in paragraph 78 for lack of knowledge or

information sufficient to form a belief as to their truth.
79.

The first sentence of paragraph 79 consists only of Plaintiff’s characterizations and

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explanations of terminology, to which no response is required. To the extent a response is

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required, each Chimei Entity denies the allegations in the first sentence of paragraph 79. Each

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Chimei Entity denies the remaining allegations in paragraph 79 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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C.

Co-Conspirators

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80.

Each Chimei Entity denies the allegations in paragraph 80 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 80 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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81.

Each Chimei Entity denies the allegations in paragraph 81 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 81 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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82.

Each Chimei Entity denies the allegations in paragraph 82 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 82 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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83.

Each Chimei Entity denies the allegations in paragraph 83 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 83 for lack of

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knowledge or information sufficient to form a belief as to their truth.
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

84.

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Each Chimei Entity denies the allegations in paragraph 84 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 84 for lack of

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knowledge or information sufficient to form a belief as to their truth.

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V.

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THE MARKET FOR LCD PANELS AND LCD PRODUCTS
85.

Each Chimei Entity denies the allegations in paragraph 85, but admits that different

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types of LCD panels are incorporated in many products, including computer monitors, televisions,

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and mobile telephones.

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86.

Each Chimei Entity denies the allegations in paragraph 86.

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87.

Each Chimei Entity denies the allegations in paragraph 87 for lack of knowledge or

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information sufficient to form a belief as to their truth.

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88.

Each Chimei Entity denies the allegations in paragraph 88.

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89.

Each Chimei Entity denies the allegations in paragraph 89.

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90.

Each Chimei Entity denies the allegations in paragraph 90.

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91.

Each Chimei Entity denies the allegations in paragraph 91.

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92.

Each Chimei Entity denies the allegations in paragraph 92.

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93.

Each Chimei Entity denies the allegations in paragraph 93 except that each Chimei

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Entity generally admits that efficient fabs are costly to build and that research and development

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costs can be substantial.

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94.

Each Chimei Entity denies the allegations in paragraph 94.

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95.

Each Chimei Entity denies the allegations in paragraph 95 for lack of knowledge or

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information sufficient to form a belief as to their truth.
96.

Each Chimei Entity denies the allegations in paragraph to the extent directed to that

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Chimei Entity, except CMI admits that CMO entered into certain licensing arrangements for

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limited periods of time with certain other entities. Each Chimei entity denies the remaining

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allegations in paragraph 96 for lack of knowledge or information sufficient to form a belief as to

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their truth.

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97.

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Each Chimei Entity denies the allegations in paragraph 97 to the extent directed to

that Chimei Entity and otherwise the allegations in paragraph 97 for lack of knowledge or
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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information sufficient to form a belief as to their truth.

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VI.

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DEFENDANTS ENGAGED IN PRICE FIXING OF LCD PANELS
98.

Each Chimei Entity denies the allegations in paragraph 98 to the extent they are

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directed to that Chimei Entity and otherwise denies the allegations in paragraph 98 for lack of

5

knowledge or information sufficient to form a belief as to their truth.

6

99.

Each Chimei Entity denies the allegations in paragraph 99 to the extent they are

7

directed to that Chimei Entity and otherwise denies the allegations in paragraph 99 for lack of

8

knowledge or information sufficient to form a belief as to their truth.

9

A.

Defendants Engaged in Bilateral and Multilateral Meetings and
Communications with Competitors to Inflate Prices of LCD Panels and LCD
Products

100.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

10
11
12

therein, and otherwise denies the allegations in paragraph 100 to the extent they are directed to

13

that Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 100 for lack of

14

knowledge or information sufficient to form a belief as to their truth.
1.

15
16
17
18
19
20
21

101.

Defendants engaged in illegal bilateral and multilateral
communications about the pricing of TFT-LCD Panels and STN-LCD
Panels

Each Chimei Entity denies the allegations in paragraph 101 for lack of knowledge

or information sufficient to form a belief as to their truth.
102.

Each Chimei Entity denies the allegations in paragraph 102 for lack of knowledge

or information sufficient to form a belief as to their truth.
103.

Each Chimei Entity denies the allegations in paragraph 103 to the extent they are

22

directed to that Chimei Entity and otherwise denies the allegations in paragraph 103 for lack of

23

knowledge or information sufficient to form a belief as to their truth.

24
25
26
27
28

104.

Each Chimei Entity denies the allegations in paragraph 104 for lack of knowledge

or information sufficient to form a belief as to their truth.
105.

Each Chimei Entity denies the allegations in paragraph 105 for lack of knowledge

or information sufficient to form a belief as to their truth.
106.

Each Chimei Entity denies the allegations in paragraph 106 to the extent they are
12
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

directed to that Chimei Entity and otherwise denies the allegations in paragraph 106 for lack of

2

knowledge or information sufficient to form a belief as to their truth.

3
4
5
6
7

107.

Each Chimei Entity denies the allegations in paragraph 107 for lack of knowledge

or information sufficient to form a belief as to their truth.
108.

Each Chimei Entity denies the allegations in paragraph 108 for lack of knowledge

or information sufficient to form a belief as to their truth.
109.

Each Chimei Entity denies the allegations in paragraph 109 to the extent they are

8

directed to that Chimei Entity and otherwise denies the allegations in paragraph 109 for lack of

9

knowledge or information sufficient to form a belief as to their truth.

10

110.

Each Chimei Entity denies the allegations in paragraph 110 to the extent they are

11

directed to that Chimei Entity and otherwise denies the allegations in paragraph 110 for lack of

12

knowledge or information sufficient to form a belief as to their truth.

13
14
15

111.

Each Chimei Entity denies the allegations in paragraph 111 for lack of knowledge

or information sufficient to form a belief as to their truth.
112.

Each Chimei Entity denies the allegations in paragraph 112 to the extent they are

16

directed to that Chimei Entity and otherwise denies the allegations in paragraph 112 for lack of

17

knowledge or information sufficient to form a belief as to their truth.

18

113.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

19

therein, and otherwise denies the allegations in paragraph 113 to the extent they are directed to

20

that Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 113 for lack of

21

knowledge or information sufficient to form a belief as to their truth.

22

114.

Each Chimei Entity denies the allegations in paragraph 114 to the extent they are

23

directed to that Chimei Entity and otherwise denies the allegations in paragraph 114 for lack of

24

knowledge or information sufficient to form a belief as to their truth.

25

115.

Each Chimei Entity denies the allegations in paragraph 115 to the extent they are

26

directed to that Chimei Entity and otherwise denies the allegations in paragraph 115 for lack of

27

knowledge or information sufficient to form a belief as to their truth.

28

116.

Each Chimei Entity denies the allegations in paragraph 116 to the extent they are
13
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

directed to Chimei Entity and otherwise denies the allegations in paragraph 116 for lack of

2

knowledge or information sufficient to form a belief as to their truth.that

3

117.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

4

therein, and otherwise denies the allegations in paragraph 117 to the extent they are directed to

5

that Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 117 for lack of

6

knowledge or information sufficient to form a belief as to their truth.

7

118.

Each Chimei Entity denies the allegations in paragraph 118 to the extent they are

8

directed to that Chimei Entity and otherwise denies the allegations in paragraph 118 for lack of

9

knowledge or information sufficient to form a belief as to their truth.

10

119.

Each Chimei Entity denies the allegations in paragraph 119 to the extent they are

11

directed to that Chimei Entity and otherwise denies the allegations in paragraph 119 for lack of

12

knowledge or information sufficient to form a belief as to their truth.

13

120.

Each Chimei Entity denies the allegations in paragraph 120 to the extent they are

14

directed to that Chimei Entity and otherwise denies the allegations in paragraph 120 for lack of

15

knowledge or information sufficient to form a belief as to their truth.

16

121.

Each Chimei Entity denies the allegations in paragraph 121 to the extent they are

17

directed to that Chimei Entity and otherwise denies the allegations in paragraph 121 for lack of

18

knowledge or information sufficient to form a belief as to their truth.

19

122.

Each Chimei Entity denies the allegations in paragraph 122 to the extent they are

20

directed to that Chimei Entity and otherwise denies the allegations in paragraph 122 for lack of

21

knowledge or information sufficient to form a belief as to their truth.

22

123.

Each Chimei Entity denies the allegations in paragraph 123 to the extent they are

23

directed to that Chimei Entity and otherwise denies the allegations in paragraph 123 for lack of

24

knowledge or information sufficient to form a belief as to their truth.

25
26
27
28

124.

Each Chimei Entity denies the allegations in paragraph 124 for lack of knowledge

or information sufficient to form a belief as to their truth.
125.

Each Chimei Entity denies the allegations in paragraph 125 for lack of knowledge

or information sufficient to form a belief as to their truth.
14
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
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1
2
3

126.

Each Chimei Entity denies the allegations in paragraph 126 for lack of knowledge

or information sufficient to form a belief as to their truth.
127.

Each Chimei Entity denies the allegations in paragraph 127 to the extent they are

4

directed to that Chimei Entity and otherwise denies the allegations in paragraph 127 for lack of

5

knowledge or information sufficient to form a belief as to their truth.

6

128.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

7

therein, and otherwise denies the allegations in paragraph 128 to the extent they are directed to

8

that Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 128 for lack of

9

knowledge or information sufficient to form a belief as to their truth.

10

129.

Each Chimei Entity denies the allegations in paragraph 129 to the extent they are

11

directed to that Chimei Entity and otherwise denies the allegations in paragraph 129 for lack of

12

knowledge or information sufficient to form a belief as to their truth.

13
14
15

130.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

therein, and otherwise denies the allegations in paragraph 130.
131.

Each Chimei Entity denies the allegations in paragraph 131 to the extent they are

16

directed to that Chimei Entity and otherwise denies the allegations in paragraph 131 for lack of

17

knowledge or information sufficient to form a belief as to their truth.

18

132.

Each Chimei Entity denies the allegations in paragraph 132 to the extent they are

19

directed to that Chimei Entity and otherwise denies the allegations in paragraph 132 for lack of

20

knowledge or information sufficient to form a belief as to their truth.

21

133.

Each Chimei Entity denies the allegations in paragraph 133 to the extent they are

22

directed to that Chimei Entity and otherwise denies the allegations in paragraph 133 for lack of

23

knowledge or information sufficient to form a belief as to their truth.

24

134.

Each Chimei Entity denies the allegations in paragraph 134 to the extent they are

25

directed to that Chimei Entity and otherwise denies the allegations in paragraph 134 for lack of

26

knowledge or information sufficient to form a belief as to their truth.

27
28

135.

Each Chimei Entity denies the allegations in paragraph 135 to the extent they are

directed to that Chimei Entity and otherwise denies the allegations in paragraph 135 for lack of
15
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2

knowledge or information sufficient to form a belief as to their truth.
136.

Each Chimei Entity denies the allegations in paragraph 136 to the extent they are

3

directed to that Chimei Entity and otherwise denies the allegations in paragraph 136 for lack of

4

knowledge or information sufficient to form a belief as to their truth.

5

137.

Each Chimei Entity denies the allegations in paragraph 137 to the extent they are

6

directed to that Chimei Entity and otherwise denies the allegations in paragraph 137 for lack of

7

knowledge or information sufficient to form a belief as to their truth.

8
9
10
11

138.

Each Chimei Entity denies the allegations in paragraph 138 to the extent they are

directed to that Chimei Entity and otherwise denies the allegations in paragraph 138 for lack of
knowledge or information sufficient to form a belief as to their truth.
139.

Each Chimei Entity denies the allegations in paragraph 139 to the extent they are

12

directed to that Chimei Entity and otherwise denies the allegations in paragraph 139 for lack of

13

knowledge or information sufficient to form a belief as to their truth.

14

140.

Each Chimei Entity denies the allegations in paragraph 140 to the extent they are

15

directed to that Chimei Entity and otherwise denies the allegations in paragraph 140 for lack of

16

knowledge or information sufficient to form a belief as to their truth.

17

141.

Each Chimei Entity denies the allegations in paragraph 141 to the extent they are

18

directed to that Chimei Entity and otherwise denies the allegations in paragraph 141 for lack of

19

knowledge or information sufficient to form a belief as to their truth.

20

142.

Each Chimei Entity denies the allegations in paragraph 142 to the extent they are

21

directed to that Chimei Entity and otherwise denies the allegations in paragraph 142 for lack of

22

knowledge or information sufficient to form a belief as to their truth.

23

143.

Each Chimei Entity denies the allegations in paragraph 143 to the extent they are

24

directed to that Chimei Entity and otherwise denies the allegations in paragraph 143 for lack of

25

knowledge or information sufficient to form a belief as to their truth.

26

144.

Each Chimei Entity denies the allegations in paragraph 144 to the extent they are

27

directed to that Chimei Entity and otherwise denies the allegations in paragraph 144 for lack of

28

knowledge or information sufficient to form a belief as to their truth.
16
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

145.

Each Chimei Entity denies the allegations in paragraph 145 to the extent they are

2

directed to that Chimei Entity and otherwise denies the allegations in paragraph 145 for lack of

3

knowledge or information sufficient to form a belief as to their truth.

4

146.

Each Chimei Entity denies the allegations in paragraph 146 to the extent they are

5

directed to that Chimei Entity and otherwise denies the allegations in paragraph 146 for lack of

6

knowledge or information sufficient to form a belief as to their truth.

7

147.

Each Chimei Entity denies the allegations in paragraph 147 to the extent they are

8

directed to that Chimei Entity and otherwise denies the allegations in paragraph 147 for lack of

9

knowledge or information sufficient to form a belief as to their truth.

10

148.

Each Chimei Entity denies the allegations in paragraph 148 to the extent they are

11

directed to that Chimei Entity and otherwise denies the allegations in paragraph 148 for lack of

12

knowledge or information sufficient to form a belief as to their truth.

13

149.

Each Chimei Entity denies the allegations in paragraph 149 to the extent they are

14

directed to that Chimei Entity and otherwise denies the allegations in paragraph 149 for lack of

15

knowledge or information sufficient to form a belief as to their truth.

16

150.

Each Chimei Entity denies the allegations in paragraph 150 to the extent they are

17

directed to that Chimei Entity and otherwise denies the allegations in paragraph 150 for lack of

18

knowledge or information sufficient to form a belief as to their truth.

19

151.

Each Chimei Entity denies the allegations in paragraph 151 to the extent they are

20

directed to that Chimei Entity and otherwise denies the allegations in paragraph 151 for lack of

21

knowledge or information sufficient to form a belief as to their truth.

22
23
24

152.

Each Chimei Entity denies the allegations in paragraph 152 for lack of knowledge

or information sufficient to form a belief as to their truth.
153.

Each Chimei Entity denies the allegations in paragraph 153 to the extent they are

25

directed to that Chimei Entity and otherwise denies the allegations in paragraph 153 for lack of

26

knowledge or information sufficient to form a belief as to their truth.

27
28

154.

Each Chimei Entity denies the allegations in paragraph 154 to the extent they are

directed to that Chimei Entity and otherwise denies the allegations in paragraph 154 for lack of
17
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2

knowledge or information sufficient to form a belief as to their truth.
155.

Each Chimei Entity denies the allegations in paragraph 155 to the extent they are

3

directed to that Chimei Entity and otherwise denies the allegations in paragraph 155 for lack of

4

knowledge or information sufficient to form a belief as to their truth.

5

156.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

6

therein and otherwise denies the allegations in paragraph 156 to the extent they are directed to that

7

Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 156 for lack of

8

knowledge or information sufficient to form a belief as to their truth.

9
10

2.
157.

Defendants engaged in illegal communications about pricing in the U.S.

Each Chimei Entity denies the allegations in paragraph 157 to the extent they are

11

directed to that Chimei Entity and otherwise denies all other allegations in paragraph 157 for lack

12

of knowledge or information sufficient to form a belief as to their truth. To the extent that

13

paragraph 157 purports to paraphrase testimony of “James Yang of Chi Mei,” the alleged

14

statement is incomplete and presented out of context, and each Chi Mei Entity further denies the

15

allegations in paragraph 157 on that basis.

16

158.

Each Chimei Entity denies the allegations in paragraph 158 to the extent they are

17

directed to that Chimei Entity and otherwise denies the allegations in paragraph 158 for lack of

18

knowledge or information sufficient to form a belief as to their truth.

19

159.

Each Chimei Entity denies the allegations in paragraph 159 to the extent they are

20

directed to that Chimei Entity and otherwise denies the allegations in paragraph 159 for lack of

21

knowledge or information sufficient to form a belief as to their truth.

22

160.

Each Chimei Entity denies the allegations in paragraph 160 to the extent they are

23

directed to that Chimei Entity and otherwise denies the allegations in paragraph 160 for lack of

24

knowledge or information sufficient to form a belief as to their truth.

25

3.

26
27
28

161.

Defendants engaged in illegal communications about pricing with
respect to small panels

Each Chimei Entity denies the allegations in paragraph 161 to the extent they are

directed to that Chimei Entity and otherwise denies the allegations in paragraph 161 for lack of
18
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2

knowledge or information sufficient to form a belief as to their truth.
162.

Each Chimei Entity denies the allegations in paragraph 162 to the extent they are

3

directed to that Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 162

4

for lack of knowledge or information sufficient to form a belief as to their truth. To the extent that

5

the second bullet in paragraph 162 refers to a discussion regarding the market for small and

6

medium sized panels between “Chi Mei” and another defendant, the reference is incomplete and

7

presented out of context, and each Chimei Entity further denies the allegations in paragraph 162

8

on that basis.

9
10

B.

Defendants’ Participation in the Conspiracy in California

163.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

11

therein and otherwise denies the allegations in paragraph 163 to the extent they are directed to that

12

Chimei Entity, except CMO-USA and NMT-USA admit that they have maintained offices in

13

California. Each Chimei Entity denies all other allegations in paragraph 163 for lack of

14

knowledge or information sufficient to form a belief as to their truth.

15

164.

Each Chimei Entity denies the allegations in paragraph 164 to the extent they are

16

directed to that Chimei Entity and otherwise denies the allegations in paragraph 164 for lack of

17

knowledge or information sufficient to form a belief as to their truth.

18
19
20

165.

Each Chimei Entity denies the allegations in paragraph 165 for lack of knowledge

or information sufficient to form a belief as to their truth.
166.

Each Chimei Entity denies the allegations in paragraph 166 to the extent they are

21

directed to that Chimei Entity and otherwise denies the allegations in paragraph 166 for lack of

22

knowledge or information sufficient to form a belief as to their truth.

23

167.

Each Chimei Entity denies the allegations in paragraph 167 to the extent they are

24

directed to that Chimei Entity and otherwise denies the allegations in paragraph 167 for lack of

25

knowledge or information sufficient to form a belief as to their truth.

26

168.

Each Chimei Entity denies the allegations in paragraph 168 to the extent they are

27

directed to that Chimei Entity and otherwise denies the allegations in paragraph 168 for lack of

28

knowledge or information sufficient to form a belief as to their truth.
19
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2
3

169.

Each Chimei Entity denies the allegations in paragraph 169 for lack of knowledge

or information sufficient to form a belief as to their truth.
170.

Each Chimei Entity denies the allegations in paragraph 170 to the extent they are

4

directed to that Chimei Entity and otherwise denies the allegations in paragraph 170 for lack of

5

knowledge or information sufficient to form a belief as to their truth.

6

171.

Each Chimei Entity denies the allegations in paragraph 171 to the extent they are

7

directed to that Chimei Entity and otherwise denies the allegations in paragraph 171 for lack of

8

knowledge or information sufficient to form a belief as to their truth.

9

172.

Each Chimei Entity denies the allegations in paragraph 172 to the extent they are

10

directed to that Chimei Entity and otherwise denies the allegations in paragraph 172 for lack of

11

knowledge or information sufficient to form a belief as to their truth.

12
13
14

173.

or information sufficient to form a belief as to their truth.
C.

Defendants Have Been Charged With and Have Pleaded Guilty to Fixing the
Price of LCD Panels and LCD Products Sold in the U.S.

174.

Each Chimei Entity admits that various government authorities have investigated

15
16

Each Chimei Entity denies the allegations in paragraph 173 for lack of knowledge

17

LCD manufacturers at various points in time, but otherwise denies the allegations in paragraph

18

174 for lack of knowledge or information sufficient to form a belief as to their truth.

19
20
21
22
23

175.

Each Chimei Entity denies the allegations in paragraph 175 for lack of knowledge

or information sufficient to form a belief as to their truth.
176.

Each Chimei Entity denies the allegations in paragraph 176 for lack of knowledge

or information sufficient to form a belief as to their truth.
177.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

24

therein, and otherwise denies the allegations in paragraph 177 to the extent they are directed to

25

that Chimei Entity.

26

178.

27
28

Each Chimei Entity denies the allegations in paragraph 178 for lack of knowledge

or information sufficient to form a belief as to their truth.
179.

Each Chimei Entity denies the allegations in paragraph 179 for lack of knowledge
20
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2
3
4
5
6
7
8
9
10
11
12

or information sufficient to form a belief as to their truth.
180.

Each Chimei Entity denies the allegations in paragraph 180 for lack of knowledge

or information sufficient to form a belief as to their truth.
181.

Each Chimei Entity denies the allegations in paragraph 181 for lack of knowledge

or information sufficient to form a belief as to their truth.
182.

Each Chimei Entity denies the allegations in paragraph 182 for lack of knowledge

or information sufficient to form a belief as to their truth.
183.

Each Chimei Entity denies the allegations in paragraph 183 for lack of knowledge

or information sufficient to form a belief as to their truth.
184.

Each Chimei Entity denies the allegations in paragraph 184 for lack of knowledge

or information sufficient to form a belief as to their truth.
185.

Each Chimei Entity denies the allegations in paragraph 185 to the extent they are

13

directed to that Chimei Entity and otherwise denies the allegations in paragraph 185 for lack of

14

knowledge or information sufficient to form a belief as to their truth.

15

186.

Each Chimei Entity denies the allegations in paragraph 186 to the extent they are

16

directed to that Chimei Entity and otherwise denies the allegations in paragraph 186 for lack of

17

knowledge or information sufficient to form a belief as to their truth.

18
19
20

187.

Each Chimei Entity denies the allegations in paragraph 187 for lack of knowledge

or information sufficient to form a belief as to their truth.
188.

Each Chimei Entity denies the allegations in paragraph 188 to the extent they are

21

directed to that Chimei Entity and otherwise denies the allegations in paragraph 188 for lack of

22

knowledge or information sufficient to form a belief as to their truth.

23

189.

Each Chimei Entity denies the allegations in paragraph 189 to the extent they are

24

directed to that Chimei Entity and otherwise denies the allegations in paragraph 189 for lack of

25

knowledge or information sufficient to form a belief as to their truth.

26

190.

Paragraph 190 consists of Plaintiff’s explanation of terminology, to which no

27

response is required. To the extent a response is required, each Chi Mei Entity denies any basis

28

for grouping together members of the same corporate family under one collective designation
21
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

(such as “Chi Mei”), and otherwise denies the allegations in paragraph 190 to the extent directed

2

to that Chi Mei Entity. Each Chimei Entity denies the remaining allegations in paragraph 190 for

3

lack of knowledge or information sufficient to form a belief as to their truth.

4

D.

Pricing in the LCD Panel Market Indicates Collusion by Defendants

5

191.

Each Chimei Entity denies the allegations in paragraph 191.

6

192.

Each Chimei Entity denies the allegations in paragraph 192

7

193.

Each Chimei Entity denies the allegations in paragraph 193.

8

194.

Each Chimei Entity denies the allegations in paragraph 194.

9

195.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

10
11

therein, and otherwise denies the allegations in paragraph 195.
196.

Each Chimei Entity denies the allegations in paragraph 196 to the extent they are

12

directed to that Chimei Entity and otherwise denies the allegations in paragraph 196 for lack of

13

knowledge or information sufficient to form a belief as to their truth.

14

197.

Each Chimei Entity denies the allegations in paragraph 197 to the extent they are

15

directed to that Chimei Entity and otherwise denies the allegations in paragraph 197 for lack of

16

knowledge or information sufficient to form a belief as to their truth.

17
18
19

198.

Each Chimei Entity denies the allegations in paragraph 198 for lack of knowledge

or information sufficient to form a belief as to their truth.
199.

Each Chimei Entity denies the allegations in paragraph 199 to the extent they are

20

directed to that Chimei Entity and otherwise denies the remaining allegations in paragraph 199 for

21

lack of knowledge or information sufficient to form a belief as to their truth.

22

200.

Each Chimei Entity denies the allegations in paragraph 200 to the extent they are

23

directed to that Chimei Entity and otherwise denies the allegations in paragraph 200 for lack of

24

knowledge or information sufficient to form a belief as to their truth.

25

201.

Each Chimei Entity denies the allegations in paragraph 201 to the extent they are

26

directed to that Chimei Entity and otherwise denies the allegations in paragraph 201 for lack of

27

knowledge or information sufficient to form a belief as to their truth.

28

202.

Each Chimei Entity denies the allegations in paragraph 202 to the extent they are
22
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

directed to that Chimei Entity and otherwise denies the allegations in paragraph 202 for lack of

2

knowledge or information sufficient to form a belief as to their truth.

3

203.

Each Chimei Entity denies the allegations in paragraph 203 to the extent they are

4

directed to that Chimei Entity and otherwise denies the allegations in paragraph 203 for lack of

5

knowledge or information sufficient to form a belief as to their truth.

6

204.

Each Chimei Entity denies the allegations in paragraph 204 to the extent they are

7

directed to that Chimei Entity, except CMO admits that it publicly reported revenue of about

8

NT$8.8 billion in the first quarter of 2002. Each Chimei Entity refers to the reports for their full

9

context. Each Chimei Entity denies the allegations in paragraph 204 directed to the conduct of

10
11

other defendants for lack of knowledge or information sufficient to form a belief as to their truth.
205.

Each Chimei Entity denies the allegations in paragraph 205 to the extent they are

12

directed to that Chimei Entity and otherwise denies the allegations in paragraph 205 for lack of

13

knowledge or information sufficient to form a belief as to their truth.

14

E.

The Conspiracy Extended to Earlier LCD Technologies

15

206.

Each Chimei Entity denies the allegations in paragraph 206 for lack of knowledge

16
17

or information sufficient to form a belief as to their truth.
207.

Each Chimei Entity denies the allegations in paragraph 207 to the extent they are

18

directed to that Chimei Entity and otherwise denies the allegations in paragraph 207 for lack of

19

knowledge or information sufficient to form a belief as to their truth.

20
21

1.
208.

Defendants’ Bilateral Communications Regarding STN-LCD Panels

Each Chimei Entity denies the allegations in paragraph 208 to the extent they are

22

directed to that Chimei Entity and otherwise denies the allegations in paragraph 208 for lack of

23

knowledge or information sufficient to form a belief as to their truth.

24
25
26
27
28

209.

Each Chimei Entity denies the allegations in paragraph 209 for lack of knowledge

or information sufficient to form a belief as to their truth.
210.

Each Chimei Entity denies the allegations in paragraph 210 for lack of knowledge

or information sufficient to form a belief as to their truth.
211.

Each Chimei Entity denies the allegations in paragraph 211 to the extent they are
23
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

directed to that Chimei Entity and otherwise denies the allegations in paragraph 211 for lack of

2

knowledge or information sufficient to form a belief as to their truth.

3
4
5

212.

Each Chimei Entity denies the allegations in paragraph 212 for lack of knowledge

or information sufficient to form a belief as to their truth.
213.

Each Chimei Entity denies the allegations in paragraph 213 to the extent they are

6

directed to that Chimei Entity and otherwise denies the allegations in paragraph 213 for lack of

7

knowledge or information sufficient to form a belief as to their truth.

8
9
10
11
12
13

214.

Each Chimei Entity denies the allegations in paragraph 214 to the extent they are

directed to that Chimei Entity and otherwise denies the allegations in paragraph 214 for lack of
knowledge or information sufficient to form a belief as to their truth.
215.

Each Chimei Entity denies the allegations in paragraph 215 for lack of knowledge

or information sufficient to form a belief as to their truth.
216.

Each Chimei Entity denies the allegations in paragraph 216 to the extent they are

14

directed to that Chimei Entity and otherwise denies the allegations in paragraph 216 for lack of

15

knowledge or information sufficient to form a belief as to their truth.

16
17
18

217.

Each Chimei Entity denies the allegations in paragraph 217 for lack of knowledge

or information sufficient to form a belief as to their truth.
218.

Each Chimei Entity denies the allegations in paragraph 218 to the extent they are

19

directed to that Chimei Entity and otherwise denies the allegations in paragraph 218 for lack of

20

knowledge or information sufficient to form a belief as to their truth.

21

219.

Each Chimei Entity denies the allegations in paragraph 219 to the extent they are

22

directed to that Chimei Entity and otherwise denies the allegations in paragraph 219 for lack of

23

knowledge or information sufficient to form a belief as to their truth.

24
25
26

220.

Each Chimei Entity denies the allegations in paragraph 220 for lack of knowledge

or information sufficient to form a belief as to their truth.
221.

Each Chimei Entity denies the allegations in paragraph 221 to the extent they are

27

directed to that Chimei Entity and otherwise denies the allegations in paragraph 221 for lack of

28

knowledge or information sufficient to form a belief as to their truth.
24
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

222.

Each Chimei Entity denies the allegations in paragraph 222 to the extent they are

2

directed to that Chimei Entity and otherwise denies the allegations in paragraph 222 for lack of

3

knowledge or information sufficient to form a belief as to their truth.
2.

4

The Structure of the LCD Panel Market Facilitated the Inflation of
Prices of STN-LCD Panels As Well As TFT-LCD Panels

5
6
7
8
9
10

223.

Each Chimei Entity denies the allegations in paragraph 223 for lack of knowledge

or information sufficient to form a belief as to their truth.
224.

Each Chimei Entity denies the allegations in paragraph 224 for lack of knowledge

or information sufficient to form a belief as to their truth.
225.

Each Chimei Entity denies the allegations in paragraph 225 to the extent they are

11

directed to that Chimei Entity and otherwise denies the allegations in paragraph 225 for lack of

12

knowledge or information sufficient to form a belief as to their truth.

13
14
15

226.

Each Chimei Entity denies the allegations in paragraph 226 for lack of knowledge

or information sufficient to form a belief as to their truth.
227.

Each Chimei Entity denies the allegations in paragraph 227 to the extent they are

16

directed to that Chimei Entity and otherwise denies the allegations in paragraph 227 for lack of

17

knowledge or information sufficient to form a belief as to their truth.

18

228.

Each Chimei Entity denies the allegations in paragraph 228 to the extent they are

19

directed to that Chimei Entity and otherwise denies the allegations in paragraph 228 for lack of

20

knowledge or information sufficient to form a belief as to their truth.

21

229.

Each Chimei Entity denies the allegations in paragraph 229 to the extent they are

22

directed to that Chimei Entity and otherwise denies the allegations in paragraph 229 for lack of

23

knowledge or information sufficient to form a belief as to their truth.

24

230.

Each Chimei Entity denies the allegations in paragraph 230 to the extent they are

25

directed to that Chimei Entity and otherwise denies the allegations in paragraph 230 for lack of

26

knowledge or information sufficient to form a belief as to their truth.

27

F.

The Role of Trade Associations During the Conspiracy Period

28

231.

Each Chimei Entity denies the allegations in paragraph 231 to the extent directed to
25
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

that Chimei Entity and otherwise denies the allegations in paragraph 231 for lack of knowledge or

2

information sufficient to form a belief as to their truth, except admits that several trade

3

organizations exist and convene meetings.

4

232.

Each Chimei Entity denies the allegations in paragraph 232 to the extent directed to

5

that Chimei Entity and otherwise denies the allegations in paragraph 232 for lack of knowledge or

6

information sufficient to form a belief as to their truth, except admits that CMO has been a

7

member of the Taiwan TFT-LCD Association.

8
9
10

233.

Each Chimei Entity denies the allegations in paragraph 233 for lack of knowledge

or information sufficient to form a belief as to their truth.
234.

Each Chimei Entity denies the allegations in paragraph 234 for lack of knowledge

11

or information sufficient to form a belief as to their truth, except admits the existence of the

12

Semiconductor Equipment Association of Japan.

13

235.

Each Chimei Entity denies the allegations in paragraph 235 to the extent directed to

14

that Chimei Entity and otherwise denies the allegations in paragraph 235 for lack of knowledge or

15

information sufficient to form a belief as to their truth, except admits the existence of the Society

16

for Information Display.

17

236.

Each Chimei Entity denies the allegations in paragraph 236 to the extent directed to

18

that Chimei Entity and otherwise denies the allegations in paragraph 236 for lack of knowledge or

19

information sufficient to form a belief as to their truth.

20

237.

Each Chimei Entity denies the allegations in paragraph 237 to the extent directed to

21

that Chimei Entity and otherwise denies the allegations in paragraph 237 for lack of knowledge or

22

information sufficient to form a belief as to their truth.

23

238.

Each Chimei Entity denies the allegations in paragraph 238 to the extent directed to

24

that Chimei Entity and otherwise denies the allegations in paragraph 238 for lack of knowledge or

25

information sufficient to form a belief as to their truth.

26

239.

Each Chimei Entity denies the allegations in paragraph 239 to the extent directed to

27

that Chimei Entity and otherwise denies the allegations in paragraph 239 for lack of knowledge or

28

information sufficient to form a belief as to their truth.
26
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

240.

Each Chimei Entity denies the allegations in paragraph 240 to the extent directed to

2

that Chimei Entity and otherwise denies the allegations in paragraph 240 for lack of knowledge or

3

information sufficient to form a belief as to their truth.

4

241.

Each Chimei Entity denies the allegations in paragraph 241 to the extent directed to

5

that Chimei Entity and otherwise denies the allegations in paragraph 241 for lack of knowledge or

6

information sufficient to form a belief as to their truth.

7

242.

Each Chimei Entity denies the allegations in paragraph 242 to the extent they are

8

directed to that Chimei Entity and otherwise denies the allegations in paragraph 242 for lack of

9

knowledge or information sufficient to form a belief as to their truth.

10
11
12

243.

Each Chimei Entity denies the allegations in paragraph 243 for lack of knowledge

or information sufficient to form a belief as to their truth.
244.

Each Chimei Entity denies the allegations in paragraph 244 to the extent they are

13

directed to that Chimei Entity and otherwise denies the allegations in paragraph 244 for lack of

14

knowledge or information sufficient to form a belief as to their truth.

15

G.

The Conspiracy’s Effect on U.S. Commerce

16

245.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

17

therein, and otherwise denies the allegations in paragraph 245 to the extent they are directed to

18

that Chimei Entity. Each Chimei Entity denies all other allegations in paragraph 245 for lack of

19

knowledge or information sufficient to form a belief as to their truth.

20

246.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

21

therein, and otherwise denies the allegations in paragraph 246 to the extent they are directed to

22

that Chimei Entity, except CMO and CMO-Japan admit that they shipped a limited number of

23

TFT-LCD panels to the United States during the alleged “Conspiracy Period,” and CMO-USA and

24

NMT-USA admit that they have maintained offices in the United States. Each Chimei Entity

25

denies all other allegations in paragraph 246 for lack of knowledge or information sufficient to

26

form a belief as to their truth.

27
28

247.

Each Chimei Entity denies the allegations in paragraph 247 to the extent directed to

that Chimei Entity, except CMO and CMO-Japan admit that they shipped a limited number of
27
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

TFT-LCD panels to the United States during the alleged “Conspiracy Period.” Each Chimei

2

Entity denies the remaining allegations in paragraph 247 for lack of knowledge or information

3

sufficient to form a belief as to their truth.
248.

4

Each Chimei Entity denies the allegations in paragraph 248 to the extent they are

5

directed to that Chimei Entity and otherwise denies the allegations in paragraph 248 for lack of

6

knowledge or information sufficient to form a belief as to their truth.
249.

7

Each Chimei Entity denies the allegations in paragraph 249 to the extent they are

8

directed to that Chimei Entity and otherwise denies the allegations in paragraph 249 for lack of

9

knowledge or information sufficient to form a belief as to their truth.
250.

10

Each Chimei Entity denies the allegations in paragraph 250 to the extent they are

11

directed to that Chimei Entity and otherwise denies the allegations in paragraph 250 for lack of

12

knowledge or information sufficient to form a belief as to their truth.
251.

13

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

14

therein, and otherwise denies the allegations in paragraph 251 to the extent directed to that Chimei

15

Entity. Each Chimei Entity denies all other allegations in paragraph 251 for lack of knowledge or

16

information sufficient to form a belief as to their truth.
252.

17

Paragraph 252 consists of a legal conclusion, to which no response is required. To

18

the extent a response is required, each Chimei Entity refers to CMO’s plea agreement and the

19

statements contained therein and otherwise denies the allegations of paragraph 252 to the extent

20

directed to that Chimei Entity. Each Chimei Entity denies the remaining allegations in paragraph

21

252 for lack of knowledge or information sufficient to form a belief as to their truth.

22

VII.

PLAINTIFF’S INJURIES

23

253.

Each Chimei Entity denies the allegations in paragraph 253.

24

254.

Each Chimei Entity denies the allegations in paragraph 254 to the extent directed to

25

that Chimei Entity and further denies the allegations in paragraph 254 for lack of knowledge or

26

information sufficient to form a belief as to their truth.

27
28

255.

Each Chimei Entity denies the allegations in paragraph 255 for lack of knowledge

or information sufficient to form a belief as to their truth.
28
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

256.

Each Chimei Entity denies the allegations in paragraph 256 to the extent directed to

2

that Chimei Entity and further denies the allegations in paragraph 256 for lack of knowledge or

3

information sufficient to form a belief as to their truth.

4

257.

Each Chimei Entity denies the allegations in paragraph 257 to the extent directed to

5

that Chimei Entity and further denies the allegations in paragraph 257 for lack of knowledge or

6

information sufficient to form a belief as to their truth.

7

258.

Each Chimei Entity denies the allegations in paragraph 258 to the extent directed to

8

that Chimei Entity and further denies the allegations in paragraph 258 for lack of knowledge or

9

information sufficient to form a belief as to their truth.

10

259.

Each Chimei Entity denies the allegations in paragraph 259 to the extent directed to

11

that Chimei Entity and further denies the allegations in paragraph 259 for lack of knowledge or

12

information sufficient to form a belief as to their truth.

13

VIII. FRAUDULENT CONCEALMENT, EQUITABLE TOLLING, AND CONTINUING
TORT DOCTRINE

14
15

260.

Each Chimei Entity denies the allegations in paragraph 260 to the extent directed to

16

that Chimei Entity and further denies the allegations in paragraph 260 for lack of knowledge or

17

information sufficient to form a belief as to their truth.

18

261.

Each Chimei Entity denies the allegations in paragraph 261 to the extent directed to

19

that Chimei Entity and further denies the allegations in paragraph 261 for lack of knowledge or

20

information sufficient to form a belief as to their truth.

21

262.

Each Chimei Entity denies the allegations in paragraph 262 to the extent directed to

22

that Chimei Entity and further denies the allegations in paragraph 262 for lack of knowledge or

23

information sufficient to form a belief as to their truth.

24

263.

Each Chimei Entity denies the allegations in paragraph 263 to the extent directed to

25

that Chimei Entity and further denies the allegations in paragraph 263 for lack of knowledge or

26

information sufficient to form a belief as to their truth.

27
28

264.

Each Chimei Entity denies the allegations in paragraph 264 to the extent directed to

that Chimei Entity and further denies the allegations in paragraph 264 for lack of knowledge or
29
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2
3
4

information sufficient to form a belief as to their truth.
265.

Each Chimei Entity denies the allegations in paragraph 265 for lack of knowledge

or information sufficient to form a belief as to their truth.
266.

Each Chimei Entity denies the allegations in paragraph 266 to the extent directed to

5

that Chimei Entity and further denies the allegations in paragraph 266 for lack of knowledge or

6

information sufficient to form a belief as to their truth.

7

267.

Each Chimei Entity denies the allegations in paragraph 267 to the extent directed to

8

that Chimei Entity and further denies the allegations in paragraph 267 for lack of knowledge or

9

information sufficient to form a belief as to their truth.

10

268.

Each Chimei Entity denies the allegations in paragraph 268 to the extent directed to

11

that Chimei Entity and otherwise denies the allegations in paragraph 268 for lack of knowledge or

12

information sufficient to form a belief as to their truth.

13

269.

Each Chimei Entity denies the allegations in paragraph 269 to the extent directed to

14

that Chimei Entity and otherwise denies the allegations in paragraph 269 for lack of knowledge or

15

information sufficient to form a belief as to their truth.

16
17
18

270.

Each Chimei Entity denies the allegations in paragraph 270 for lack of knowledge

or information sufficient to form a belief as to their truth.
271.

Each Chimei Entity denies the allegations in paragraph 271 to the extent directed to

19

that Chimei Entity and otherwise denies the allegations in paragraph 271 for lack of knowledge or

20

information sufficient to form a belief as to their truth.

21

272.

Each Chimei Entity denies the allegations in paragraph 272 to the extent directed to

22

that Chimei Entity. To the extent paragraph 272 purports to quote a vice-president at “Chi Mei,”

23

the allegations are presented out of context and are further denied on that basis. Each Chimei

24

Entity denies the remaining allegations in paragraph 272 for lack of knowledge or information

25

sufficient to form a belief as to their truth.

26

273.

Each Chimei Entity denies the allegations in paragraph 273 to the extent directed to

27

that Chimei Entity and otherwise denies the allegations in paragraph 273 for lack of knowledge or

28

information sufficient to form a belief as to their truth.
30
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

274.

1

Each Chimei Entity denies the allegations in paragraph 274 to the extent directed to

2

that Chimei Entity and otherwise denies the allegations in paragraph 274 for lack of knowledge or

3

information sufficient to form a belief as to their truth.
275.

4
5

the extent that a response is required, each Chimei Entity denies the allegations in paragraph 275.
276.

6
7

277.

Paragraph 277 consists of a legal conclusion, to which no response is required. To

the extent that a response is required, each Chimei Entity denies the allegations in paragraph 277.
278.

10
11

Paragraph 276 consists of a legal conclusion, to which no response is required. To

the extent that a response is required, each Chimei Entity denies the allegations in paragraph 276.

8
9

Paragraph 275 consists of a legal conclusion, to which no response is required. To

Paragraph 278 consists of a legal conclusion, to which no response is required. To

the extent that a response is required, each Chimei Entity denies the allegations in paragraph 278.
279.

12

Paragraph 279 consists of a legal conclusion, to which no response is required. To

13

the extent that a response is required, each Chimei Entity denies the allegations in paragraph 279.

14

IX.

VIOLATIONS ALLEGED

15

First Claim for Relief
(Violation of the Sherman Act Against All Defendants)

16
17
18
19

280.

Each Chimei Entity incorporates by reference and restates the response to each of

the preceding paragraphs as set forth above.
281.

Each Chimei Entity refers to CMO’s plea agreement and the statements contained

20

therein, and otherwise denies the allegations in paragraph 281 to the extent they are directed to

21

that Chimei Entity. Each Chimei Entity further denies the allegations in paragraph 281 for lack of

22

knowledge or information sufficient to form a belief as to their truth.

23

282.

Each Chimei Entity denies the allegations in paragraph 282 to the extent directed to

24

that Chimei Entity and otherwise denies the allegations in paragraph 282 for lack of knowledge or

25

information sufficient to form a belief as to their truth.

26

283.

Each Chimei Entity denies the allegations in paragraph 283.

27

284.

Each Chimei Entity denies the allegations in paragraph 284.

28

285.

Each Chimei Entity denies the allegations in paragraph 285.
31
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

286.

Each Chimei Entity denies the allegations in paragraph 286.

2

Second Claim for Relief

3

(Violation of the State Antitrust and Unfair Competition Laws)

4
5
6

287.

Each Chimei Entity incorporates by reference and restates the response to each of

the preceding paragraphs as set forth above.
288.

Paragraph 288 relates to a claim which has been dismissed and states a legal

7

conclusion. For both reasons, no response is required. To the extent a response is required, each

8

Chimei Entity denies the allegations in paragraph 288 to the extent directed to that Chimei Entity.

9

289.

Paragraph 289 relates to a claim which has been dismissed and therefore no

10

response is required. To the extent a response is required, each Chimei Entity denies the

11

allegations in paragraph 289 for lack of knowledge or information sufficient to form a belief as to

12

their truth.

13

290.

Paragraph 290 relates to a claim which has been dismissed and states a legal

14

conclusion. For both reasons, no response is required. To the extent a response is required, each

15

Chimei Entity denies the allegations in paragraph 290.

16

291.

Paragraph 291 relates to a claim which has been dismissed and therefore no

17

response is required. To the extent a response is required, each Chimei Entity refers to CMO’s

18

plea agreement and the statements contained therein, and otherwise denies the allegations in

19

paragraph 291 to the extent they are directed to that Chimei Entity. Each Chimei Entity otherwise

20

denies the allegations in paragraph 291 for lack of knowledge or information sufficient to form a

21

belief as to their truth.

22

292.

Paragraph 292 relates to a claim which has been dismissed and states legal

23

conclusions. For both reasons, no response is required. To the extent a response is required, each

24

Chimei Entity refers to CMO’s plea agreement and the statements contained therein, and

25

otherwise denies the allegations in paragraph 292 to the extent they are directed to that Chimei

26

Entity. Each Chimei Entity otherwise denies the allegations in paragraph 292 for lack of

27

knowledge or information sufficient to form a belief as to their truth.

28
32
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1

293.

Paragraph 293 relates to a claim which has been dismissed and therefore no

2

response is required. To the extent a response is required, each Chimei Entity denies the

3

allegations in paragraph 293 to the extent they are directed to that Chimei Entity and otherwise

4

denies the allegations in paragraph 293 for lack of knowledge or information sufficient to form a

5

belief as to their truth.

6

294.

Paragraph 294 relates to a claim which has been dismissed and therefore no

7

response is required. To the extent a response is required, each Chimei Entity denies the

8

allegations in paragraph 294 to the extent directed to that Chimei Entity.

9

295.

Paragraph 295 relates to a claim which has been dismissed and therefore no

10

response is required. To the extent a response is required, each Chimei Entity denies the

11

allegations in paragraph 295 to the extent directed to that Chimei Entity.

12

296.

Paragraph 296 relates to a claim which has been dismissed and therefore no

13

response is required. To the extent a response is required, each Each Chimei Entity denies the

14

allegations in paragraph 296.

15

297.

Paragraph 297 relates to a claim which has been dismissed and therefore no

16

response is required. To the extent a response is required, each Chimei Entity denies the

17

allegations in paragraph 297 to the extent directed to that Chimei Entity.

18

298.

Paragraph 298 relates to a claim which has been dismissed and states legal

19

conclusions. To the extent a response is required, each Chimei Entity denies the allegations in

20

paragraph 298 to the extent directed to that Chimei Entity.

21

299.

Paragraph 299 relates to a claim which has been dismissed and states legal

22

conclusions. To the extent a response is required, each Chimei Entity denies the allegations in

23

paragraph 290 to the extent directed to that Chimei Entity.

24
25
26
27
28

ADDITIONAL DEFENSES
Without assuming any burden it would not otherwise bear, each Chimei Entity asserts the
following additional defenses to Plaintiff’s Complaint:
First Additional Defense
Plaintiff has failed to state a claim upon which relief can be granted.
33
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Second Additional Defense
Applicable statutes of limitations, including without limitation the Clayton Act § 4B (15
U.S.C. § 15b), bar Plaintiff’s claims.
Third Additional Defense
Plaintiff’s claims are barred, in whole or in part, because this Court lacks subject-matter
jurisdiction to adjudicate such claims.
Fourth Additional Defense
Plaintiff has failed to allege fraud or fraudulent concealment with the particularity required
by Rule 9(b) of the Federal Rules of Civil Procedure.
Fifth Additional Defense
The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a, bars Plaintiff’s claims.
Sixth Additional Defense
Plaintiff’s claims are barred, in whole or in part, to the extent Plaintiff lacks standing to
bring or maintain the claims set forth in the Complaint.
Seventh Additional Defense
Plaintiff’s claims are barred, in whole or in part, to the extent that it did not purchase TFTLCD panels directly from defendants.
Eighth Additional Defense
Plaintiff’s claims are barred to the extent it has not suffered antitrust injury.
Ninth Additional Defense
Plaintiff is barred from the recovery of damages, if any, because any damages were caused
by Plaintiff’s own actions, and by Plaintiff’s failure to mitigate its damages.

23

Tenth Additional Defense

24

Plaintiff’s claims are barred because the alleged damages, if any, are speculative and

25

because of the impossibility of ascertaining and allocating those alleged damages.

26

Eleventh Additional Defense

27

Plaintiff’s claims are barred, in whole or in part, because it has not been injured in its

28

business or property by reason of any action of any Chimei Entity.
34
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

Twelfth Additional Defense

1
2

Any injuries or damages Plaintiff may have suffered were caused solely and proximately

3

by the acts and/or omissions of others, including, without limitation, the prior, intervening, or

4

superseding conduct of such third parties.

5

Thirteenth Additional Defense

6

Plaintiff’s claims for injunctive relief are barred, in whole or in part, because Plaintiff

7

failed to make the requisite showing of threatened future harm or continuing harm.
Fourteenth Additional Defense

8
9
10

Plaintiff’s claims for an injunction or other equitable relief are barred, in whole or in part,
because Plaintiff has available an adequate remedy at law.

11

Fifteenth Additional Defense

12

Plaintiff’s claims are barred, in whole or in part, by Plaintiff’s failure to exercise due

13

diligence to uncover any alleged conspiracy.

14

Sixteenth Additional Defense

15

Plaintiff’s claims are barred in whole or in part by the doctrines of waiver, estoppel,

16
17
18
19

unclean hands, and/or laches.
Seventeenth Additional Defense
To the extent that any actionable conduct occurred, Plaintiff’s claims are barred because all
such conduct would have been committed by individuals acting ultra vires.

20

Eighteenth Additional Defense

21

Plaintiff’s claims are barred to the extent that they or their assignors have agreed to

22

arbitration or agreed to a different forum for the resolution of their claims. Each of the Chimei

23

Entities specifically reserves all rights under such agreements, whether as a party to such

24

agreements, under principles of equitable estoppels, or otherwise.

25

Nineteenth Additional Defense

26
27

Plaintiff’s claims are barred, in whole or in part, by reason of Plaintiff’s ratification of,
acquiescence in, agreement, or consent to the alleged conduct of each Chimei Entity.

28
35
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

Twentieth Additional Defense

1
2
3

Plaintiff’s claims should be dismissed to the extent they are barred, in whole or in part,
because the Chimei Entities’ actions did not lessen competition in the relevant market.
Twenty-First Additional Defense

4
5

Plaintiff’s claims are barred, in whole or in part, because Plaintiff has failed to allege that

6

any Chimei Entity possessed or possesses market power in any legally cognizable relevant market.

7

Twenty-Second Additional Defense

8
9

Plaintiff’s claims for an illegal overcharge are barred, in whole or in part, to the extent that
such overcharge, the existence of which the Chimei Entities expressly deny, was absorbed, in

10

whole or in part, by others, and was not passed through to Plaintiff.

11

Twenty-Third Additional Defense

12

Plaintiff’s claims are barred, in whole or in part, because Plaintiff would be unjustly

13

enriched if it were allowed to recover any part of the damages alleged in the Complaint.
Twenty-Fourth Additional Defense

14
15

Plaintiff’s claims are barred, in whole or in part, to the extent the injuries alleged in the

16

Complaint, the fact and extent of which are expressly denied by the Chimei Entities, were directly

17

and proximately caused by or contributed to by the statements, acts, or omissions of Plaintiff or

18

third persons or entities unaffiliated with the Chimei Entities.
Twenty-Fifth Additional Defense

19
20
21

Plaintiff’s claims are barred, in whole or in part, by the doctrines of res judicata and/or
collateral estoppel.
Twenty-Sixth Additional Defense

22
23

Plaintiff’s claims are improperly joined within the meaning of Rule 20 of the Federal Rules

24

of Civil Procedure, because they did not arise out of the same transaction, occurrence, or series of

25

transactions or occurrences and/or do not involve questions of law or fact common to all

26

defendants.

27
28
36
CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

Twenty-Seventh Additional Defense

1
2
3
4
5
6
7
8
9

Plaintiff’s claims are barred, in whole or in part, by the doctrines of accord and satisfaction
and/or release and settlement.
Twenty-Eighth Additional Defense
Plaintiff’s claims are barred, in whole or in part, by reason of claim splitting and by the
doctrine of election of remedies.
Twenty-Ninth Additional Defense
Plaintiff’s claims are barred, in whole or in part, insofar as the alleged conduct of each
Chimei Entity was caused by, due to, based upon, or in response to directives, laws, regulations,

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policies, and/or acts of governments, governmental agencies and entities, and/or regulatory

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agencies and, as such, is non-actionable or privileged.

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Thirtieth Additional Defense
Plaintiff’s claims should be dismissed to the extent that they are barred, in whole or in part,
for failure to join indispensable parties.

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Thirty-First Additional Defense

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Plaintiff’s claims, to the extent that they are based on alleged contracts, are barred, in

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whole or in part, because such alleged contracts lacked consideration.

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Thirty-Second Additional Defense

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Plaintiff’s claims, to the extent that they are based on alleged contracts, are barred, in

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whole or in part, by operation of the Statute of Frauds.

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Thirty-Third Additional Defense

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Plaintiff’s claims, to the extent that they are based on alleged contracts, are barred, in

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whole or in part, insofar as the alleged contracts resulted from a mutual mistake.
Thirty-Fourth Additional Defense
Plaintiff’s claims are barred, in whole or in part, because any actions or practices of any

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Chimei Entity that are the subject of the Complaint were not a product of any contract,

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combination, or conspiracy between any Chimei Entity and any other person or entity.

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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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Thirty-Fifth Additional Defense
Plaintiff’s claims are barred, in whole or in part, by the voluntary payment doctrine, under
which Plaintiff is not entitled to recover payments made with full knowledge of the facts.
Thirty-Sixth Additional Defense
Plaintiff’s claims should be dismissed to the extent that they are barred, in whole or in part,

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because any claimed injury or damage has been offset by benefits that Plaintiff received with

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respect to the challenged conduct.

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Thirty-Seventh Additional Defense

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Plaintiff’s claims are barred, in whole or in part, because an award of treble damages

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against the Chimei Entities based on the conduct alleged in the Complaint would violate the due

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process clauses of the Fifth and Fourteenth Amendments of the United States Constitution.

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Thirty-Eighth Additional Defense
Plaintiff’s claims are barred, in whole or in part, from recovery of damages to the extent

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that any restitution or award of damages to Plaintiff would be excessive, punitive, and

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disproportionate to any alleged injury suffered by Plaintiff.

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Thirty-Ninth Additional Defense
Plaintiff’s claims are barred, in whole or in part, to the extent that Plaintiff seeks damages
that are duplicative of damages sought in other actions.

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Fortieth Additional Defense

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An award of attorneys’ fees, based upon the conduct alleged in the Complaint, is not

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allowed under applicable federal or state law.

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Forty-First Additional Defense

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Plaintiff’s claims are barred, in whole or in part, because there is no sufficient nexus

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between the transactions at issue and California and/or New York trade or commerce.

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Forty-Second Additional Defense

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Plaintiff’s claims are barred, in whole or in part, because they do not establish that

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Plaintiff’s nationwide purchases of TFT-LCD Products had the substantial contacts with

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California and/or New York necessary to satisfy Due Process.
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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

Forty-Third Additional Defense

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Without admitting the existence of any contract, combination, or conspiracy in restraint of

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trade, each Chimei Entity avers that it is entitled to set off any amounts paid to Plaintiff by any

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other defendants who have settled, or do settle, Plaintiff’s claims against them in this matter.
Forty-Fourth Additional Defense

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Each Chimei Entity incorporates by reference and asserts to the extent applicable all other

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additional and/or affirmative defenses set forth in the answers to the Complaint of each of the

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other defendants.
Forty-Fifth Additional Defense

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Each Chimei Entity reserves the right to assert other defenses as this action proceeds up to

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and including the time of trial.

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X.

PRAYER FOR RELIEF
WHEREFORE, having fully answered Plaintiff’s Complaint, each Chimei Entity prays as

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follows:
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1.

That the Court dismiss Plaintiff’s First Amended Complaint with prejudice;

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That the Court enter judgment in favor of each respective Chimei Entity;

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That the Court award each Chimei Entity its respective costs and expenses, including

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attorneys’ fees; and
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4.

That the Court award further relief as deemed just and proper.

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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI

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Dated: March 5, 2012

Respectfully submitted,

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SIMPSON THACHER & BARTLETT LLP

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By

/s/ James G. Kreissman
James G. Kreissman (SBN 206740)

James G. Kreissman (SBN 206740)
Harrison J. Frahn IV (SBN 206822)
Jason M. Bussey (SBN 227185)
Arka D. Chatterjee (SBN 268546)
Melissa M. Derr (SBN 266487)
2550 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
Chi Mei Corporation, Chimei Innolux Corporation,
Chi Mei Optoelectronics USA, Inc., CMO Japan Co.,
Ltd., Nexgen Mediatech, Inc., and Nexgen Mediatech
USA, Inc.

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CHIMEI ENTITIES’ ANSWER TO T-MOBILE’S FIRST AMENDED COMPLAINT
CASE NO. 3:11-CV-02591-SI; MDL NO. 3:07- MD-1827-SI