ACER America Corporation v. Hitachi, Ltd. et al

Filing 154

ORDER re: [9293-15] signed by Judge Illston on 11/24/14. (tfS, COURT STAFF) (Filed on 11/26/2014)

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JAMES B. BALDINGER (pro hac vice)
[e-mail]
DAVID B. ESAU (pro hac vice)
[e-mail]
CARLTON FIELDS JORDEN BURT, P.A.
CityPlace Tower
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, FL 33401
Telephone: [phone]
Facsimile: [phone]

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HSIANG “JAMES” H. LIN (SBN 241472)
[e-mail]
DAVID V. SACK (pro hac vice)
[e-mail]
FATIMA S. ALLOO (SBN 283694)
[e-mail]
TECHKNOWLEDGE LAW GROUP LLP
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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IN RE: TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION
________________________________________
This Document Relates to Individual Case No.
3:13-cv-03349-SI

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Acer America Corporation et al.,
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Plaintiffs,
v.
Hitachi, Ltd. et al.

Master File No. M:07-1827 SI
MDL No. 1827
Individual Case No. 3:13-cv-03349 SI
[PROPOSED] REQUEST FOR
INTERNATIONAL JUDICIAL
ASSISTANCE (LETTER
ROGATORY) SAMSUNG
ELECTRONICS TAIWAN CO., LTD.
The Hon. Susan Illston

Defendants.

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[PROPOSED] REQUEST FOR
INT’L JUDICIAL ASSISTANCE
Case No. 3:13-cv-03349 SI

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The United States District Court for the Northern District of California, the Honorable Susan

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Illston, Senior District Judge, presents its compliments to the Appropriate Judicial Authority of

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Taiwan, and requests international judicial assistance to obtain evidence to be used in a civil

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proceeding before this Court in the above captioned matter.

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I.

REQUEST

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The Court requests the assistance described herein as necessary in the interest of justice. The

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assistance requested is that the Appropriate Judicial Authority of Taiwan compel depositions and

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production of documents from the following corporate entity:

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Samsung Electronics Taiwan Co., Ltd.
10th Floor No. 399 Rui Guang Road
Nei Hu District Taipei, Taiwan

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The Court requests Samsung Electronics Taiwan Co., Ltd. (“Samsung”) to produce the
documents and things as set out in Attachment A of this Request, and to produce a witness for the
deposition topics as set out in Attachment A of this Request. The Court understands the confidential
nature of the documents and testimony requested from Samsung. As such, attached as Attachment B
is the protective order in this case to protect the confidentiality of the documents and testimony
Samsung produces.

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II.

FACTUAL ALLEGATIONS
Acer America Corporation (“Acer America”), Gateway, Inc. (“Gateway”), and Gateway U.S.

Retail, Inc., f/k/a eMachines, Inc. (“Gateway U.S. Retail”) (collectively, “Acer”) filed suit against
NEC Corporation; NEC Corporation of America; NEC Display Solutions of America, Inc.; NEC
LCD Technologies, Ltd.; Toshiba Corporation; Toshiba Matsushita Display Technology Co., Ltd.;
Toshiba America Electronic Components, Inc.; Toshiba America Information Systems, Inc.; LG
Display Co., Ltd.; and LG Display America, Inc. (collectively, “Defendants”) to recover damages
from Defendants. Acer alleges that its injury was caused by Defendants’ and their alleged coconspirators’ allegedly long-running, unlawful conspiracy to fix, raise, stabilize, and maintain prices
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[PROPOSED] REQUEST FOR
INT’L JUDICIAL ASSISTANCE
Case No. 3:13-cv-03349 SI

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for LCD panels and finished LCD products (hereinafter “LCD products”).

Acer alleges that

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Defendants’ and their alleged co-conspirators’ alleged conspiracy extended from at least January 1,

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1996 through at least December 11, 2006 (the “Relevant Period”). Acer alleges that it suffered

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damages from Defendants’ and their alleged co-conspirators’ alleged conspiracy by purchasing

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Defendants’ and their alleged co-conspirators’ LCD panels and LCD products at noncompetitive

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prices set by Defendants and their alleged co-conspirators through their alleged conspiracy.

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Acer’s investigation indicates that Samsung is a company from which Acer may have

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purchased LCD panels and LCD products during the Relevant Period, either directly or through

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Acer’s Original Design Manufacturers (“ODMs”).

Thus, it appears that Samsung possesses

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information of relevance to this litigation, including: (1) the quantity of LCD panels and LCD

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products that Samsung sold to Acer; (2) the prices of these sales; (3) the revenue generated from

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these sales; (4) the costs Samsung incurred in connection with the manufacture and sale of LCD

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panels and LCD products to Acer or to Acer’s ODMs; and (5) the names of the companies that

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supplied the LCD panels and LCD products to Samsung for sale to Acer.

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III.

EVIDENCE

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The documents to be produced are identified in Attachment A. The deposition topics are also

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listed in Attachment A. Identified as Attachment B, the Court’s protective order in this case protects

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the confidentiality of any documents and testimony Samsung produces.

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IV.

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OFFER OF RECIPROCAL ASSISTANCE
The United States District Court of the Northern District of California is willing to provide

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similar assistance to the Judicial Authorities of Taiwan. See 28 U.S.C. § 1782.

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[PROPOSED] REQUEST FOR
INT’L JUDICIAL ASSISTANCE
Case No. 3:13-cv-03349 SI

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V.

REIMBURSEMENT FOR COSTS

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Should there be any costs associated with the service herein, it will be the responsibility of

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the attorneys for Acer to reimburse the Appropriate Judicial Authority of Taiwan concerning the

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same. Please direct any correspondence or communications concerning costs to the following:

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David V. Sack
TECHKNOWLEDGE LAW GROUP LLP
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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11/24/14

Date: _____________________
(SEAL OF COURT)

____________________________________
Honorable Susan Illston
UNITED STATES DISTRICT COURT
NOTHERN DISTRICT OF CALIFORNIA
450 Golden Gate Ave., 19th Floor, Rm. 10
San Francisco, CA 94102

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[PROPOSED] REQUEST FOR
INT’L JUDICIAL ASSISTANCE
Case No. 3:13-cv-03349 SI

Attachment A

In Re TFT-LCD (Flat Panel) Antitrust Litigation
Acer America Corp. v. Hitachi, Ltd., et al.
MDL Case No. 3:07-MD-1827 SI / Case No. 3:13-CV-03349 SI
ATTACHMENT A
I.

DEFINITIONS
The words and phrases used in these requests shall have the meanings ascribed to them

under the Federal Rules of Civil Procedure and the Local Rules of the United States District
Court for the Northern District of California. In addition, the following terms shall have the
meanings set forth below whenever used in any Request for Production of Documents.
1.

The words “all,” “any,” and “each” mean “each and every.”

2.

The words “and” and “or” are both conjunctive and disjunctive as necessary.

3.

“Communications” means, without limitation, the transmittal of information

(in the form of facts, ideas, inquiries or otherwise) between individuals or companies whether
oral, written, electronic, or otherwise, and whether direct or through an intermediary.
4.

“Concerning” or “concerns” means discussing, relating to, contradicting,

referring to, reflecting, analyzing, describing, constituting, evidencing, containing or disclosing
or supporting the referenced matter.
5.

“Document” and “documents” shall have the meaning ascribed to them under

the Federal Rules of Civil Procedure and shall also mean all electronically stored information
(“ESI”) including, without limitation, electronic data or data compilations, electronic files, email
and other electronic communications saved to or located on hard disks, file servers, floppy disks,
CDs, DVDs, backup tapes, thumb drives, or any other electronic media, whether or not in
tangible or electronic form.
6.

“LCD Panel” means any display technology involving glass plates or substrates

and liquid crystal compound to electronically display an image, including both liquid crystal
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display panels as well as modules consisting of liquid crystal display panels combined with a
backlight unit, a driver, and other equipment that allow the panel to operate and be integrated into
a mobile wireless handset, television, computer monitor, tablet computer or other product.
7.

“LCD-containing finished product” refers to any product containing an LCD

Panel, including, without limitation, mobile wireless handsets, two-way radios, desktop computer
monitors, notebook computers, tablet computers, and televisions.
8.

The term “person” or “persons” includes any natural person, public entity,

partnership, corporation, association, firm, trust, joint venture, agency, board, authority,
commission or other such entity.
9.

“Supplier” means any supplier, manufacturer, or seller of LCD Panels or LCD-

containing finished products.
10. “Acer” means Acer Inc., Acer America Corporation, Gateway, Inc., and Gateway U.S.
Retail, Inc., f/k/a eMachines, Inc., their predecessors and successors, and any past or present
parent, division, subsidiary, affiliate, joint venture, associated organization, partner, member,
director, officer, agent employee, consultant, staff member, or other representative of any of the
foregoing.
11.

“You” or “Your” means Samsung Electronics Taiwan Co., Ltd., Samsung

Electronics America, Inc., Samsung Semiconductor, Inc., their predecessors and successors, and
any past or present parent, division, subsidiary, affiliate, joint venture, associated organization,
partner, member, director, officer, agent employee, consultant, staff member, or other
representative of any of the foregoing.
II.

INSTRUCTIONS
1.

In responding to this Letter Rogatory, You are requested to produce all documents

in Your possession, custody, or control, wherever located, including without limitation any
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document available to You upon request from Your parents, affiliates, subsidiaries, employees,
officers, directors, attorneys, accountants, financial advisors, consultants, private investigators, or
other agents or persons acting or purporting to act on Your behalf, as required by the Federal
Rules of Civil Procedure and the applicable local rules.
2.

If any part of a document is responsive to any request herein, produce the entire

document, including any attachments or exhibits.
3.

All documents should be produced as maintained in the ordinary course of

business.
4.

Any noun used in the singular form shall be construed and applied so as to include

the plural, form also, and vice versa.
5.

If You are not producing any documents in response to any of the Requests herein,

Your response should make it clear that You are not producing any documents in response to that
Request.
6.

If only a part of a Request is objectionable, the response shall identify with

particularity any document or other tangible thing falling within any category of item in the
request to which an objection is being made, and shall set forth clearly the extent of and the
specific ground for the objection.
7.

Each Document Request shall be construed independently, and no Document

Request shall be viewed as limiting the scope of any other Document Request.
8.

Unless a different time is specified, the relevant time period for each document

request is January 1, 1996 through present.
9.

You shall designate one or more of Your officers, directors, managing agents, or

such other authorized persons who consent to testify on Your behalf concerning the “Deposition
Topics” described below. If You designate more than one witness, please identify each such
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witness by name and title, and identify the specific matters on which each such witness will
testify, in writing at least five business days prior to the deposition.
III.

REQUESTS FOR PRODUCTION

1.

LCD Panel Sales Data: Please produce transaction-level data, in native format, for

all LCD Panels sold by You to Acer or sold by You to Acer’s original design manufacturers
(“ODMs”) for incorporation into Acer’s LCD-containing finished products from January 1996
through present. Please include fields that identify:
a.

the date when You shipped the LCD Panel;

b.

the quantity of LCD Panels associated with each transaction, along with the

units of measure for each quantity field in the data;
c.

the date when You billed Acer for the LCD Panel;

d.

the location from where You shipped the LCD Panel in each transaction;

e.

the location to which You shipped the LCD Panel in each transaction;

f.

the product code/model number for the LCD Panel and the description of the

LCD Panel;
g. the gross and net price of each LCD Panel You sold in each transaction;
h. any discounts, rebates, credits, freight allowances, free goods and/or any other
price adjustments You made in connection with each transaction;
i. the gross and net total amount paid by Acer or its ODMs for the LCD Panel
You sold in each transaction;
j. any taxes, customs, tariffs, duties or other fees paid on the LCD Panel in each
transaction;
k. the invoice number, purchase order number, and/or any other data sufficient to
identify a unique transaction.
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l.
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the name of the ODM or ODMs involved in each transaction. 1

Finished Goods Sales Data:

Please produce transaction-level data, in native

format, for all LCD-containing finished products sold by You to Acer or manufactured by You
for Acer from January 1996 through present. Please include fields that identify:
a.

the date when You shipped the LCD-containing finished product;

b.

the quantity of LCD-containing finished products associated with each

transaction, along with the units of measure for each quantity field in the data;
c.

the date when You billed Acer for the LCD-containing finished product;

d.

the location from where You shipped the LCD-containing finished

products in each transaction;
e.

the location to which You shipped the LCD-containing finished products

in each transaction;
f.

the product code/model number for the LCD-containing finished product

and the description of the LCD-containing finished product;
g.

the gross and net price of each LCD-containing finished product You sold

in each transaction;
h.

any discounts, rebates, credits, freight allowances, free goods and/or any

other price adjustments You made in connection with each transaction;
i.

the gross and net total amount paid by Acer for the LCD-containing

finished products You sold in each transaction;
j.

any taxes, customs, tariffs, duties or other fees paid on the LCD-containing

finished products in each transaction;
k.

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the invoice number, purchase order number, and/or any other data

See Attachment C for a list of the Acer Plaintiffs ODMs and LCD Panel Suppliers.

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sufficient to identify a unique transaction.
3.

Please produce documents or databases sufficient to identify all physical

characteristics You use to identify each unique LCD Panel, and LCD-containing finished
product, contained in the data produced in response to Requests Nos. 1 and 2, respectively.
4.

For each unique LCD Panel and LCD-containing finished product identified in the

data produced in response to Requests Nos. 1 and 2, please produce:
a.

documents and/or data sufficient to identify the supplier of the LCD Panel,

including the supplier of the LCD Panel for each unique LCD-containing finished
product; 2
b.

the part number of the LCD Panel, including the part number of the LCD

Panel contained in each LCD-containing finished product; and
c.

all information You maintain concerning the specifications and

characteristics of the LCD Panel, including the specifications and characteristics of the
LCD Panel contained in each unique LCD-containing finished product.
5.

Please produce documents or data sufficient to explain all model codes contained

in the data produced in response to Requests Nos. 1 and 2.
6.

LCD Panel Cost Data: Please produce data, in native format, sufficient to show,

by month or quarter, from January 1996 through present, and for each type of LCD Panel sold by
You to Acer or sold by You to Acer’s ODMs for incorporation into Acer’s LCD-containing
finished products during this time period, Your costs incurred in connection with the manufacture
and sale of those LCD Panels, including cost of goods sold (COGS) and costs of goods
manufactured (COGM).
a.

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COGS and COGM data should include a breakdown of material, labor,

See Attachment C for a list of the Acer Plaintiffs ODMs and LCD Panel Suppliers.

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variable overhead, and fixed overhead, and any other cost categories tracked in the
ordinary course of business.
b.

If You utilize a standard costing system, please include standard cost and

variance data for the above cost categories. If this level of data is unavailable then please
provide product/product line profit and loss statements at the most disaggregated level
available.
7.

Finished Goods Cost Data: Please produce data, in native format, sufficient to

show, by month or quarter, from January 1996 through present, and for each type of LCDcontaining finished product sold by You to Acer or manufactured by You for Acer during this
time period, Your costs incurred in connection with the manufacture and sale of those LCDcontaining finished products, including cost of goods sold (COGS) and costs of goods
manufactured (COGM).
a.

COGS and COGM data should include a breakdown of material, labor,

variable overhead, and fixed overhead, and any other cost categories tracked in the
ordinary course of business.
b.

If You utilize a standard costing system, please include standard cost and

variance data for the above cost categories. If this level of data is unavailable then please
provide product/product line profit and loss statements at the most disaggregated level
available.
8.

Please produce documents and/or data sufficient to identify, for each measurement

of cost included in the data produced in response to Requests Nos. 6 and 7, each component of
that measurement of cost.
9.

Please produce all communications between You, the suppliers of the LCD Panels,

and any other persons or entities concerning the prices of the LCD Panels sold to Acer,
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manufactured by You for Acer, and/or sold to Acer’s ODMs for incorporation into Acer’s LCDcontaining finished products.
10.

Please produce all documents concerning the prices of the LCD Panels sold to

Acer or sold to Acer’s ODMs for incorporation into Acer’s LCD-containing finished products.
11.

Please produce all documents relating to communications between You and any

other person or entity concerning the prices of LCD Panels and the prices of LCD-containing
finished products.
12.

Please produce all documents concerning:
a. the prices of the LCD Panels sold to Acer or to Acer’s ODMs for incorporation
into Acer’s LCD-containing finished products; and
b. the prices of the LCD Panels to be incorporated into LCD-containing finished
products sold to Acer or manufactured by You for Acer.

13.

LCD Panel Purchase Data: For each unique LCD-containing finished product

identified in the data produced in response to Request No. 2, please produce transactional-level
data, in native format, reflecting Your purchases of LCD Panels in connection with the sale of
those LCD-containing finished products to Acer or the manufacture of those LCD-containing
finished products for Acer, from January 1996 through present, including, but not limited to
documents or data concerning:
a. the date when You received the LCD Panels;
b. the quantity of LCD Panels associated with each transaction, and the units of
measure for each quantity field in the data;
c. the location from where You took delivery of the LCD Panels;
d. the manufacturer of the LCD Panel;
e. the specific entity that shipped the LCD Panels to You;
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f. data or information used to identify the specifications of each LCD Panel,
including but not limited to part numbers, serial numbers or any other unique
identifier, complete product descriptions, and size;
g. the gross and net price of each LCD Panel You purchased in each transaction;
h. any discounts, rebates, credits, freight allowances, free goods and/or any other
price adjustments You made in connection with each transaction involving an
LCD Panel;
i. the gross and net total amount paid for the LCD Panels You purchased in
connection with each such transaction;
j. any taxes, customs, tariffs, duties or other fees paid on each LCD Panel You
purchased;
k. the invoice number, purchase order number, and/or any other data sufficient to
identify a unique transaction.
14.

Documents sufficient to show Your relationship with Your parents, subsidiaries

and affiliates.
IV.

DEPOSITION TOPICS

1.

LCD Panel Sales Data: Your transaction-level data for all LCD Panels sold by

You to Acer or sold by You to Acer’s original design manufacturers (“ODMs”) for incorporation
into Acer’s LCD-containing finished products from January 1996 through present, including:
a.

the date when You shipped the LCD Panel;

b.

the quantity of LCD Panels associated with each transaction, along with

the units of measure for each quantity field in the data;
c.

the date when You billed Acer for the LCD Panel;

d.

the location from where You shipped the LCD Panel in each transaction;
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e.

the location to which You shipped the LCD Panel in each transaction;

f.

the product code/model number for the LCD Panel and the description of

the LCD Panel;
g.

the gross and net price of each LCD Panel You sold in each transaction;

h.

any discounts, rebates, credits, freight allowances, free goods and/or any

other price adjustments You made in connection with each transaction;
i.

the gross and net total amount paid by Acer or its ODMs for the LCD

Panel You sold in each transaction;
j.

any taxes, customs, tariffs, duties or other fees paid on the LCD Panel in

each transaction;
k.

the invoice number, purchase order number, and/or any other data

sufficient to identify a unique transaction.
l.
2.

the name of the ODM or ODMs involved in each transaction.

Finished Goods Sales Data: Your transaction-level data for all LCD-containing

finished products sold by You to Acer or manufactured by You for Acer from January 1996
through present, including:
a.

the date when You shipped the LCD-containing finished product;

b.

the quantity of LCD-containing finished products associated with each

transaction, along with the units of measure for each quantity field in the data;
c.

the date when You billed Acer for the LCD-containing finished product;

d.

the location from where You shipped the LCD-containing finished

products in each transaction;
e.

the location to which You shipped the LCD-containing finished products

in each transaction;
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f.

the product code/model number for the LCD-containing finished product

and the description of the LCD-containing finished product;
g.

the gross and net price of each LCD-containing finished product You sold

in each transaction;
h.

any discounts, rebates, credits, freight allowances, free goods and/or any

other price adjustments You made in connection with each transaction;
i.

the gross and net total amount paid by Acer for the LCD-containing

finished products You sold in each transaction;
j.

any taxes, customs, tariffs, duties or other fees paid on the LCD-containing

finished products in each transaction;
k.

the invoice number, purchase order number, and/or any other data

sufficient to identify a unique transaction.
3.

All physical characteristics You use to identify each unique LCD Panel, and LCD-

containing finished product, contained in the data produced in response to Document Requests
Nos. 1 and 2, respectively.
4.

For each unique LCD Panel and LCD-containing finished product identified in the

data produced in response to Document Requests Nos. 1 and 2, the supplier of the LCD Panel,
including the supplier of the LCD Panel for each unique LCD-containing finished product; the
part number of the LCD Panel, including the part number of the LCD Panel contained in each
LCD-containing finished product; and the specifications and characteristics of the LCD Panel
contained in each unique LCD-containing finished product.
5.

All model codes contained in the data produced in response to Document Requests

Nos. 1 and 2.
6.

LCD Panel Cost Data: By month or quarter, from January 1996 through present,
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and for each type of LCD Panel sold by You to Acer or sold by You to Acer’s ODMs for
incorporation into Acer’s LCD-containing finished products during this time period, Your costs
incurred in connection with the manufacture and sale of those LCD Panels, including cost of
goods sold (COGS) and costs of goods manufactured (COGM).
7.

Finished Goods Cost Data: By month or quarter, from January 1996 through

present, and for each type of LCD-containing finished product sold by You to Acer or
manufactured by You for Acer during this time period, Your costs incurred in connection with
the manufacture and sale of those LCD-containing finished products, including cost of goods sold
(COGS) and costs of goods manufactured (COGM).
8.

For each measurement of cost included in the data produced in response to

Document Requests Nos. 6 and 7, identify each component of that measurement of cost.
9.

Communications between You, the suppliers of the LCD Panels, and any other

persons or entities concerning the prices of the LCD Panels sold to Acer, manufactured by You
for Acer, and/or sold to Acer’s ODMs for incorporation into Acer’s LCD-containing finished
products.
10.

Communications between You and any other person or entity concerning the

prices of LCD Panels and the prices of LCD-containing finished products.
11.

The prices of the LCD Panels sold to Acer or to Acer’s ODMs for incorporation

into Acer’s LCD-containing finished products; and the prices of the LCD Panels to be
incorporated into LCD-containing finished products sold to Acer or manufactured by You for
Acer.
12.

LCD Panel Purchase Data: For each unique LCD-containing finished product

identified in the data produced in response to Document Request No. 2, discuss transactionallevel data reflecting Your purchases of LCD Panels in connection with the sale of those
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LCD-containing finished products to Acer or the manufacture of those LCD-containing finished
products for Acer, from January 1996 through present, including, but not limited to documents or
data concerning:
a.

the date when You received the LCD Panels;

b.

the quantity of LCD Panels associated with each transaction, and the units

of measure for each quantity field in the data;
c.

the location from where You took delivery of the LCD Panels;

d.

the manufacturer of the LCD Panel;

e.

the specific entity that shipped the LCD Panels to You;

f.

data or information used to identify the specifications of each LCD Panel,

including but not limited to part numbers, serial numbers or any other unique identifier,
complete product descriptions, and size;
g.

the gross and net price of each LCD Panel You purchased in each

transaction;
h.

any discounts, rebates, credits, freight allowances, free goods and/or any

other price adjustments You made in connection with each transaction involving an LCD
Panel;
i.

the gross and net total amount paid for the LCD Panels You purchased in

connection with each such transaction;
j.

any taxes, customs, tariffs, duties or other fees paid on each LCD Panel

You purchased;
k.

the invoice number, purchase order number, and/or any other data

sufficient to identify a unique transaction.
13.

Your relationship with Your parents, subsidiaries, and affiliates.
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14.

Authentication of Documents:

Authentication of all documents produced in

response to this Letter Rogatory.

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Attachment B

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page1 of 27
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)

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In Re TFT-LCD (FLAT PANEL)
ANTITRUST LITIGATION

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)
·)

This Document Relates to:
ALL ACTIONS.

MDL NO. 1827
STIPULATED PROTECTIVE ORDER

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1.

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No.: M-07-1827 SI

PURPOSES AND LIMITATIONS.

Disclosure and discovery activity in this action may involve production of trade

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secrets or other confidential research, development, or commercial information, within the

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meaning of Fed.R.Civ.P. 26(c); or other private or competitively sensitive information for

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which special protection from public disclosure and from use for any purpose other than

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prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and

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petition the Court to enter the following Stipulated Protective Order. The parties acknowledge
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that this Order does not confer blanket protections on all disclosures or responses to discovery
24.

and that the protection it affords extends only to the limited information or items that are
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entitled under the applicable legal principles to confidential treatment. The parties further
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acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates no
entitlement to file confidential information under seal. Civil Local Rule 79-5 sets forth the
STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page2 of 27
~6V'~t3lJZL-G7-SDoCl.mlente1M21 1Fillmdl12/fil/Qi)0Pag~~ 27of 27

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procedures that must be followed and reflects the standards that will be applied when a party

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seeks permission from the Court to file material under seal, and is hereby incorporated by

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reference.

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2.

DEFINITIONS.

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2.1

Party: any party to this action, including all of its officers, directors,

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and employees.
2.2

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Disclosure or Discovery Material: all items or information, regardless

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of the medium or manner generated, stored, or maintained (including, among other things,

9

documents, testimony, transcripts, or tangible things) that are produced or generated in

10

disclosures or responses to discovery in this matter.
2.3

11

Confidential Information or Items: information (regardless of how

12

generated, stored or maintained) or tangible things that qualify for protection under standards

13

developed under Fed.R.Civ.P. 26(c).

14

2.4

Highly Confidential Information or Items: extremely sensitive

15

Confidential Information or lt~ms whose disclosure to another Party or non-party would create

16

a substantial risk of injury that could not be avoided by less restrictive means.

17
18

2.5

Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.

19

2.6

20

Discovery Material in this action.

21

2.7.

Producing Party: a Party or non-party that produces Disclosure or

Designating Party: a Party or non-party that designates information or

22

items that it produces in disclosures or in responses to discovery as "Confidential" or "Highly

23

Confidential. "

24
25
26

2. 8

Protected Material: any Disclosure or Discovery Material that is

designated as "Confidential" or as "Highly Confidential."
2.9.

Outside Counsel: attorneys, along with their paralegals, and other

27

support personnel, who are not employees of a P~rty but who are retained to represent or

28

advise a Party in this action.
2

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page3 of 27
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1

2.10

In House Legal Personnel: attorneys and other personnel employed by

2

a Party to perform legal functions who are responsible for overseeing this litigation for the

3

Party.

4

2.11

Counsel (without qualifier): Outside Counsel and In House Legal

5

Personnel (as well as their support staffs, including but not limited to attorneys, paralegals,

6

secretaries, law clerks, and investigators).

7

2.12

Expert and/or Consultant: a person with specialized knowledge or

8

experience in a matter pertinent to the litigation, along with his or her employees and support

9

personnel, who has been retained by a Party or its Counsel to serve as an expert witness or as

10

a consultant in this action, and who is not currently an employee, nor has been an employee

11

within four years of the date of entry of this Order, of a Party or of a TFT-LCD business unit

12

of a non-party, and who, at the time of retention, is not anticipated to become an employee of

13

a Party or of a TFT-LCD business unit of a non-party. This definition includes a professional

14

jury or trial consultant retained in connection with this litigation.

15

2.13

Professional Vendors: persons or entities that provide litigation support

16

services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations;

17

organizing, storing, retrieving data in any form or medium; etc.)

18

subcontractors.

an~

their employees and

19

3.

20

The protections conferred by this Stipulated Protective Order cover not only

SCOPE.

21

Protected Material (as defined above), but also any information copied or extracted therefrom,

22

as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,

23

conversations, or presentations by Parties or Counsel in settings that might reveal Protected

24

Material. However, this Order shall not be construed to cause any Counsel to produce, return,

25

and/or destroy their own attorney work product, or the work product of their co-counsel.

26

4.

27

The confidentiality obligations imposed by this Order shall remain in effect until

28

DURATION.

the Designating Party agrees otherwise in writing or this Court orders otherwise.
3

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page4 of 27

1

s.

DESIGNATING PROTECTED MATERIAL.

2

5.1

Exercise of Restraint and Care in Designating Material for Protection.

3

Each Party or non-party that designates infonnation or items for protection under this Order

4

must take care to ·limit any such designation to specific material that qualifies under the

5

appropriate standards and avoid indiscriminate designations.

6

If it comes to a Designating Party's attention that information or items that it

7

designated for protection do not qualify for protection at all, or do not qualify for the level of

8

protection initially asserted, that Designating Party must promptly notify all Receiving Parties

9

that it is withdrawing or changing the mistaken designation.

10

5.2

Manner and Timing of Designations. Except as otherwise provided in

11

this Order (see, e.g., section 5.2(b), below), or as otherwise stipulated or ordered, material

12

that qualifies for protection under this Order must be clearly so designated before the material

13

is disclosed or produced. Notwithstanding the preceding sentence, should a Producing Party

14

discover that it produced material that was not designated as Protected Material or that it

15

produced material that was designated as Protected Material but had designated that Protected

16

Material in the incorrect category of Protected Material, the Producing Party may notify all

17

Parties, in writing, of the error and identifying (by bates number or other individually

18

identifiable information) the affected documents and their new designation or re-designation.

19

Thereafter, the material so designated or re-designated will be treated as Protected Material.

20

Promptly after providing such notice, the Producing Party shall provide re-labeled copies of

21

the material to each Receiving Party reflecting the change in designation. The Receiving Party

22

will replace the incorrectly designated material with the newly designated materials and will

23

destroy the incorrectly designated materials.

24

Designation in conformity with this Order requires:

25

(a)

for information in documentary form (apart from transcripts of

26

depositions or other pretrial or trial proceedings), that the Producing Party affix the

27

legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" on each page that

28

contains protected material.
4

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page5 of 27
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Cas

1

(b)

for testimony given in deposition, that a Party, or a non-party that

2

sponsors, offers, gives, or elicits the testimony, designate any portion of the testimony

3

as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL," either on the record before

4

the deposition is concluded, or in writing on or before the later of (i) fourteen days after

5

the final transcript is received or (ii) the date by which any review by the witness and

6

corrections to the transcript are to be completed under Fed. R. Civ. P. 30(e). Only

7

those portions of the testimony that are designated for protection in accordance with the

8

preceding sentence shall be covered by the provisions of this Stipulated Protective

9

Order. The entire testimony shall be deemed to have been designated Highly

10

Confidential until the time within which the transcript may be designated has elapsed.

11

If testimony is not designated within the prescribed time period, then such testimony

12

shall not be deemed Confidential or Highly Confidential except as ordered by the

13

Court.

14

Transcript pages containing Protected Material must be separately bound by the

15

court reporter, who must affix to each such page the legend "CONFIDENTIAL'' or

16

"HIG~L Y

17

offering, giving or eliciting the witness' testimony.

18

(c)

CONFIDENTIAL," as instructed by the Party or nonparty sponsoring,

for information produced in electronic or video format, and for any

19

other tangible items, that the Producing Party affix in a prominent place on the exterior

20

of the container or containers in which the information or item is stored the legend

21

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."
5.3

22

Inadvertent Failures to Designate. If corrected, an inadvertent failure to

23

designate qualified information or items as "Confidential" or "Highly Confidential" does not,

24

standing alone, waive the Designating Party's right to secure protection under this Order for

25

such material. If material is re-designated as "Confidential" or "Highly Confidential" after the

26

material was initially produced, the Receiving Party, upon notification of the designation, must

27

make reasonable efforts to assure that the material is treated in accordance with the provisions

28

of this Order.
s
STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page6 of 27
~[e-mail]321 IRHeHll2/W/Qi>OFag!ftwd B7of 27

5 .4

1

Increasing the Designation of Information or Items Produced by Other

2

Parties or Non-Parties. Subject to the standards of paragraph 5.1, a Party may increase the

3

designation (i.e. , change any Disclosure or Discovery Material produced without a designation

4

to a

5

Disclosure or Discovery Material produced as "CONFIDENTIAL,, to a designation of

6

"HIGHLY CONFIDENTIAL") of any Discovery Material produced by any other Party or

7

non-Party, provided that said Discovery Material contains the upward Designating Party's own

8

Confidential or Highly Confidential Information. Any such increase in the designation of a

9

document shall be made within 90 days of the date of its production, unless good cause is

10

11

desi~nation

of "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" or designate any

shown for a later increase in the designation.
Increasing a designation shall be accomplished by providing written notice to all

12

Parties identifying (by bates number or other individually identifiable information) the

13

Disclosure or Discovery Material whose designation is to be increased. Promptly after

14

providing such notice, the upward Designating Party shall provide re-labeled copies of the

15

material to each Receiving Party reflecting the change in designation. The Receiving Party

16

will replace the incorrectly designated material with the newly designated materials and will

17

destroy the incorrectly designated materials. Any Party may object to the increased

18

designation of Disclosure or Discovery Materials pursuant to the procedures set forth in

19

paragraph 6 regarding challenging designations. The upward Designating Party shall bear the

20

burden of establishing the basis for the increased designation.

21

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS.

22

6.1

Timing of Challenges. A Party does not waive its right to challenge a

23

confidentiality designation by electing not to mount a challenge promptly after the original

24

designation is disclosed.

25

6.2

Meet and Confer. A Party that elects to initiate a challenge to a

26

Designating Party's confidentiality designation must do so in good faith and must begin the

27

process by notifying the Designating Party in writing, by telephone or in person of its challenge

28

and identify the challenged material, then conferring directly in voice to voice dialogue (othdr
6

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page7 of 27

1

forms of conununication are not sufficient) with counsel for the Designating Party. The Parties

2

must then meet and confer in good faith. Each Party must explain the basis for its respective

3

position about the propriety of the challenged confidentiality designations. The parties shall

4

have fourteen (14) days from the initial notification of a challenge to complete this meet and

5

confer process.

6

6. 3

Judicial Intervention. In any judicial proceeding challenging a

7

confidentiality designation, the burden of persuasion with respect to the propriety of the

8

confidentiality designation shall remain upon the Designating Party. If the parties are not able

9

to resolve a dispute about a confidentiality designation within the time provided in paragraph
thereafte~,

10

6.2, above, the parties shall, within fourteen (14) days

prepare and present to the

11

Special Master a joint letter brief that identifies the challenged material and sets forth the

12

respective positions of the parties about the propriety of the challenged confidentiality

13

designations. Until the ruling on the dispute becomes final pursuant to the provisions of

14

Pre-Trial Order No. 4, all parties shall continue to afford the material in question the level of

15

protection to which it is entitled under the Designating Party's designation.

16

In the event that the final ruling is that the challenged material is not confidential

17

or that its designation should be changed, the Designating Party shall reproduce copies of all

18

materials with their designations removed or changed in accordance with the ruling within

19

thirty (30) days at the expense of the Designating Party.

20

7.

ACCESS TO AND USE OF PROTECTED MATERIAL.

21

7 .1

Basic Principles. A Receiving Party may use Protected Material that is

22

disclosed or produced by a Producing Party only in connection with this action for prosecuting,

23

defending, or attempting to settle this action. Such Protected Material may be disclosed only

24

to the categories of persons and under the conditions described in this Order. When the

25

litigation has been terminated, a Receiving Party must comply with the provisions of section 11,

26

below (FINAL DISPOSITION).

27
28

Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons authorized
7

STIPULATED PROTECTIVE ORDER

I

.

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page8 of 27

1

under this Order. For purposes of this Order, a secure website, or other internet-based

2

document depository with adequate security, shall be deemed a secure location.

3

7.2

Disclosure of "CONFIDENTIAL" Information or Items. Unless

4

otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving

5

Party may disclose any information or item designated "CONFIDENTIAL" only to:

6

(a)

the Receiving Party's Outside Counsel of record in this action, as well as

7

employees of said counsel to whom it is reasonably necessary to disclose the

8

information for this litigation;

9

(b)

current or former officers, directors, anC;i employ~s of Parties to whom

10

disclosure is reasonably necessary for this litigation and who have signed the

11

"Agreement To Be Bound by Protective Order" (Exhibit A);

12

(c)

Experts and/or Consultants with respect to each of whom (1) disclosure

13

is reasonably necessary for this litigation, and (2) an "Agreement To Be Bound by

14

Protective Order" (Exhibit A) has been signed;

15

(d)

the Court and its personnel;

16

(e)

stenographers, their staffs, and professional vendors to whom disclosure

17

is reasonably necessary for this litigation and who have signed the "Agreement To Be

18

Bound by Protective Order" (Exhibit A);

19

(f)

the author, addressees, or recipients of the document, or any other

20

natural person who would have likely reviewed such document during his or her

21

employment as a result of the substantive nature of his or her employment position, or

22

who is specifically identified in the document, or whose conduct is purported to be

23

specifically identified in the document;

24

(g)

witnesses in the action to whom disclosure is reasonably necessary for

25

this litigation and who have signed the "Agreement To Be Bound by Protective Order"

26

(Exhibit A); provided that, Confidential Information may be disclosed to a witness

27

during their deposition, but only if they have executed the "Agreement to Be Bound by

28

Protective Order" (Exhibit A), which shall be made an exhibit to the deposition
8

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page9 of 27

1

transcript, or have agreed on the record to keep the information confidential and not to

2

use it for any purpose, or have been ordered to do so; and provided further that, pages

3

of transcribed deposition testimony or exhibits to depositions that reveal Confidential

4

Information must be marked "Confidential" and separately bound by the court reporter

5

and not included in the main deposition transcript and exhibit binder, and may not be

6

disclosed to anyone except as permitted under this Stipulated Protective Order; and

7

(h)

any other person to whom the Designating Party agrees in writing or on

8

the record, and any other person to whom the Court compels access to the Confidential

9

Information.

10

7.3

Disclosure of "HIGHLY CONFIDENTIAL" Information or Items.

11

Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a

12

Receiving Party may disclose any information or item designated "HIGHLY

13

CONFIDENTIAL" only to:

14

(a)

the Receiving Party's Outside Counsel of record in this action, as well as

15

employees of said counsel to whom it is reasonably necessary to disclose the

16

information for this litigation;

17

(b)

Experts and/or Consultants with respect to each of whom (1) disclosure

18

is reasonably necessary for this litigation, and (2) an "Agreement To Be Bound by

19

Protective Order" (Exhibit A) has been signed;

20

(c)

the Court and its personnel;

21

(d)

stenographers, their staffs, and professional vendors to whom disclosure

22

is reasonably necessary for this litigation and who have signed the "Agreement to Be

23

Bound by Protective Order" (Exhibit A);

24

(e)

the author, addressees or recipients of the document, or any other

25

natural person who would have likely reviewed such document during his or her

26

employment as a result of the substantive nature of his or her employment position, or

27

who is specifically identified in the document, or whose conduct is purported to be

28

specifically identified in the document;
9

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page10 of 27

1

(f)

deposition witnesses but only during their depositions and only if they

2

have executed the "Agreement to Be Bound by Protective Order" (Exhibit A), which

3

shall be made an exhibit to the deposition transcript, or have agreed on the record to

4

keep the information confidential and not to use it for any purpose, or have been

5

ordered to do so; and in addition, if the witness is an employee of a Party or is a former

6

employee of a Party, then In House Legal Personnel of the Party in attendance at the

7

deposition of such a witness, may also be present during that portion of the deposition

8

but only if the In House Legal Personnel has signed the "Agreement to Be Bound by

9

Protective Order" (Exhibit A); provided that, pages of transcribed deposition testimony

10

or exhibits to depositions that reveal Highly Confidential Information must be marked

11

"Highly Confidential" and separately bound by the court reporter and not included in

12

the main deposition transcript and exhibit binder, and may not be disclosed to anyone

13

except as permitted under this Stipulated Protective Order; and provided, further that,

14

the parties will meet and confer if the Designating Party believes a particular document

15

requires different treatment for use at deposition; and

16

(g)

any other person to whom the Designating Party agrees in writing or on

17

the record, and any other person to whom the Court compels access to the Highly

18

Confidential Information.

19

7. 4

Retention of Exhibit A. Outside Counsel for the Party that obtains the

20

signed "Agreements To Be Bound by Protective Order" (Exhibit A), as required above, shall

21

retain them for one year following the final termination of this action, including any appeals,

22

and shall make them available to other Parties upon good cause shown.

23

7.5

Retention of Protected Material. Persons who have been shown

24

Protected Material pursuant to Section 7.2(b), (t), or (g), or Section 7 .3(e) or (t) shall not

25

retain copies of such Protected Material.

26
27

28
10

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page11 of 27

1

8.

2

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION.

3

If a Receiving Party is served with a discovery request, subpoena or an order

4

issued in other litigation that would compel disclosure of any information or items designated

5

in this action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL," the Receiving Party

6

must so notify the Designating Party, in writing (by fax or electronic mail, if possible), along

7

with a copy of the discovery request, subpoena or order, as soon as reasonably practicable.

8

The Receiving Party also must immediately inform the party who caused the

9

discovery request, subpoena or order to issue in the other litigation that some or all the material

10

covered by the subpoena or order is the subject of this Protective Order. In addition, the

11

Receiving Party must deliver a copy of this Stipulated Protective Order promptly to the party

12

in the other action that caused the discovery request, subpoena or order to issue.

13

The purpose of imposing these duties is to alert the interested parties to the .

14

existence of this Stipulated Protective Order and to afford the Designating Party in this case an

15

opportunity to try to protect its confidentiality interest in the court from which the discovery

16

request, subpoena or order is issued. The Designating Party shall bear the burdens and the

17

expenses of seeking protection in that court of its confidential or highly confidential material.

18

Nothing in these provisions should.be construed as authorizing or encouraging a Receiving

19

Party in this action to disobey a lawful directive from another court.

20
21

9.

UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL.

22

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

23

Protected Material to any person or in any circumstance not authorized under this Stipulated

24

Protective Order, the Receiving Party must immediately (a) notify in writing the Designating

25

Party of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the

26

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

27

made of all the terms of this Order, and (d) request such person or persons to execute the

28

"Acknowledgment and Agreement To Be Bound" that is attached hereto as Exhibit A.
11

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page12 of 27

1

10.

FILING PROTECTED MATERIAL.

2

Without written permission from the Designating Party or a court order secured

3

after appropriate notice to all interested persons, a Party may not file in the public record in this

4

action any Protected Material. A Party that seeks to file under seal any Protected Material

5

must comply with Civil Local Rule 79-5.

6

11.

FINAL DISPOSITION.

7

Unless otherwise ordered or agreed in writing by the Producing Party, within.

8

thirty days after the final termination of this action, including any appeals, each Receiving

9

Party must return all Protected Material to the Producing Party. As used in this subdivision,

10

"Protected Material" includes all copies, abstracts, compilations, summaries or any other form

11

of reproducing or capturing any of the Protected Material. The Receiving Party may destroy

12

some or all of the Protected Material instead of returning it. Whether the Protected Material

13 . is returned or destroyed, the Receiving Party must submit a written certification to the
14

Producing Party (and, if not the same person or entity, to the Designating Party) by the thirty

15

day deadline that identifies (by category, where appropriate) all the Protected Material that was

16

returned or destroyed and that affirms that the Receiving Party has not retained any copies,

17

abstracts, compilations, summaries or other forms of reproducing or capturing any of the

18

Protected Material. Notwithstanding this provision, counsel are entitled to retain an archival

19

copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or

20

attorney work product, even if such materials contain Protected Material. Any such archival

21

copies that contain or constitute Protected Material remain subject to this Protective Order as

22

set forth in Section 4 (DURATION), above.

23

12.

24

If a Party at any time notifies any other Party that it inadvertently produced

INADVERTENTLY PRODUCED DOCUMENTS.

25

documents, testimony, infof!Ilation, and/or things that are protected from disclosure under the

26

attorney-client privilege, work product doctrine, and/or any other applicable privilege or

27

immunity from disclosure, or the Receiving Party discovers such inadvertent production, the

28

inadvertent production shall not be deemed a waiver of the applicable privilege or protectio~.
12

STIPULATED PROTECTIVE ORDER

i

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page13 of 27

1

The Receiving Party shall immediately return all copies of such docwnents, testimony,

2

information and/or things to the inadvertently producing Party and shall not use such items for

3

any purpose until further order of the Court. In all events, such return must occur within three

4

(3) business days of receipt of notice or discovery of the inadvertent production. The return of

5

any discovery item to the inadvertently producing Party shall not in any way preclude the

6

Receiving Party from moving the Court for a ruling that the document or thing was never

7

privileged.

8

13.

ATTORNEY RENDERING ADVICE

9

Nothing in this Protective Order will bar or otherwise restrict an attorney from

10

rendering advice to his or her client with respect to this matter or from relying upon or

11

generally referring to "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" Disclosure or

12

Discovery Material in rendering such advice; provided however, that in rendering such advice

13

or in otherwise communicating with his or her client, the attorney shall not reveal or disclose

14

the specific content thereof if such disclosure is not otherwise permitted under this Protective

15

Order.

16

14.

DISPOSITIVE MOTION HEARINGS AND TRIAL

17

The terms of this Protective Order shall govern in all circumstances except for

18

presentations of evidence and argument at hearings on dispositive motions and at trial. The

19

parties shall meet and confer in advance of such proceedings and seek the guidance of the Court

20

as to appropriate procedures to govern such proceedings.

21

15.

MISCELLANEOUS.

22

15. l

Right to Further Relief. Nothing in this Order abridges the right of any

23
24

person to seek its modification by the Court in the future.
15.2

Right to Assert Other Objections. By stipulating to the entry of this

25

Protective Order no Party waives any right it otherwise would have to object to disclosing or

26

producing any information or item on any ground not addressed in this Stipulated Protective

27

Order. Similarly, no Party waives any right to object on any ground to use in evidence of any

28

of the material covered by this Protective Order.
13

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page14 of 27

1

IT IS SO STIPULATED.

2

PEARSON, SIMON, SOTER, WARSHAW &
PENNY, LLP

3
4

By:

5
Bruce L. Simon (State Bar No. 96241)
44 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

6

7
8

Interim Co-Lead Counsel for the Direct Purchaser
Plaintiffs

9

10

ANN &BERNSTEIN, LLP

11

12
13
Richard M. Heimann (State Bar No. 63607)
-275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Telephone:
[phone]
Facsimile:
[phone]

14

15
16

Interim Co-Lead Counsel for the Direct Purchaser
Plaintiffs

17
18
19

GIRARD GIBBS, LLP

20
21

By:

c
Elizabeth C. Pritzker

22

Elizabeth C. Pritzker (State Bar No. 146267)
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone:
[phone]
Facsimile:
[phone]

23
24

25

Interim Liaison Counsel for the Direct Purchaser
Plaintiffs

26
27
28

14

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page15 of 27

ZELLE HOFMANN VOELBEL MASON &
GETTELLP
.

1
2

3
4
Francis 0. Scarpulla (State Bar No. 41059)
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

5
6
7

Interim Co-Lead Counsel for the Indirect Purchaser
Plaintiffs

8
9

10

ALIOTO LAW FIRM

11

By:~C

12
13

Joseph M. Alioto (State Bar No. 42680)
555 California Street, Suite 3160
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

14
15
16

Interim Co-Lead Counsel for the Indirect Purchaser
Plaintiffs

17
18

MINAMI TAMAKI LLP

19

/'.

20

·.

.

Bv~

21
22
23

24

25
Interim Liaison Counsel for the Indirect Purchaser
Plaintiffs

26
27

28
IS

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page16 of 27
· CasEClati!-:OV'~Bm-517-SDoClmlentatml21 fRlbmH12/tx1/QVJOFag!~ef187of 27

.-

PILLSBURY WINTHROP SHAW PITTMAN LLP

1
2

3

4
5
6
7

8
9

SBDGWI9K, DBTBRT, MORAN & ARNOLD LLP

10

11

12

Michael Healy

13

Michael Healy (State Bar No. 95098)
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, CA 94105

14
15

Tel:

16

[phone]
[phone]

Fax:

17

Attorneys for Defendant
AU Optronics Corporation America

18
:19

WIL:MER CUTLER PICKERING HALE AND DORR

LLP

20
21

Steven F. Cherry

22

23

24
25

..-·

--

Steven F. Cherry (pro hac vice)
1875 Pennsylvania Avenue NW
Washington, DC 20006
Fax:

Tel:

26

=·

[phone]
{202) 663-6363

Attorneys for Defendants Chi Mei Optoelectronics USA,
Inc., CMO Japan Co., Ltd., and Nexgen Mediatech USA,
Inc.

27
28

16

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page17 of 27

SEDGWICK, DETERT. MORAN & ARNOLD LLP

·1

2

lt\f\ ~ ....!..\
m -~% ~

By:

3
4

5
6
7

8

Attorneys for Defendant

9

AU Optronics Corporation America

10

WILMER CUTLER PICKERING HALE AND DORR

LLP

11

12
Steven F. Cherry

13

14

Steven F. Cherry (pro hac vice)
1875 Pennsylvania Avenue NW
Washington. DC 20006
Tel:
[phone]

15
16

Fax:

17

[phone]

Attorneys for Defendants Chi Mei Optoelectronics
USA, Inc., CMO Japan Co., Ltd., and Nexgen
Mediatech USA, Inc.
PAUL, HASTINGS, JANOFSKY & WALKER LLP

18

19
20
21

Kevin C. Mccann

22
23

Kevin C. Mccann (State Bar No. 120874)
55 Second Street, 24th Floor

24

San Francisco, CA 94105
Tel:
[phone]

Fax:

25

[phone]

Attorneys for Defendants Epson Electronics America,

26

Inc. and Epson Imaging Devices Corporation

27

28
17

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page18 of 27
IRliBdJll2/W/Q00'Pag!J)Qm>f187of 27

Casa1a1si~6V'-<P1~-G7-SDoC».mlentetma21

SEDGWICK, DETERT, MORAN& ARNOLD LLP

1
2

3
Michael Healy
4
Michael Healy (State Bar No. 95098)
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, CA 94105
Tel:
[phone]
Fax:
[phone]

5
6
7

8

Attorneys for Defendant
AU Optronics Corporation America

9

10

WILMER CUTLER PICKERING HALE AND DORR
LLP

.11

~z~

12
By:

13

14

~·Steven uh~

Steven F. Cherry (pro hac vice)
1875 Pennsylvania Avenue NW
Washington, DC 20006
Tel:
[phone]
Fax:
[phone]

15
16

17

Attorneys for Defendants Chi Mei Optoelectronics
USA, Inc., CMO Japan Co., Ltd., and Nexgen
Mediatech USA, Inc.
PAUL, HASTINGS, JANOFSKY & WALKER LLP

18
19
20
21

Kevin C. Mccann

22
Kevin C. Mccann (State Bar No. 120874)
55 Second Street, 24th Floor
San Francisco, CA 94105
'Tel:
[phone]
Fax:
[phone]

23

24
25

Attorneys for Defendants Epson Electronics America,
Inc. and Epson Imaging Devices Corporation

26

27
28
17

STIPULATED PROTECTIVE ORDER

l

I
I
·1
I

I
I

I

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page19 of 27

. i\.

1

2
3
4

Kevin C. Mccann (State Bar No. 120874)
55 Second Street, 24th Floor
San Francisco, CA 94105
Tel:
[phone]
Fax:
[phone]

5
6
7

Attorneys for Defendants Epson Electronics America,
Iilc. and Epson Imaging Devices Corporation ·

8
9

MORGAN, LEWIS & BOCKIUS LLP

10
11

12

Kent M. Roger

13

Kent M. Roger (State Bar No. 95987)
One Market
Spear Street Tower
San Francisco, CA 94105
Tel.:
[phone]
Fax:
[phone]

14

15

16

.

.

17

Attorneys for Defendants H~tachi Electronic Devices
(USA), Inc., Hitachi, Ltd., and Hitachi Displays, Ltd.

18.

19

WINSTON & STRAWN LLP

20

21
Lawrence R. Desideri

22

Lawrence R. Desideri (pro hac vice)
35 W. Wacker Drive
Chicago, Illinois 60601

23

24

Tel:

26

[phone]

Fax:

25

.[phone]

Attorneys for Defendant
LG Electronics USA, Inc.

27

28
17

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page20 of 27
Casal'a1si~6V'-<Md!m..S7-SDoflotJentatml21 IRlb!IdJ12/W/Q1'0"Pag~ei207of 27

PAUL, HASTINGS, JANOFSKY & WALKER LLP
2

3
Kevin C. Mccann

4

Kevin C. Mccann (State Bar No. 120874)
55 Second Street, 24th Floor
San Francisco, CA 94105
Tel:
[phone]
Fax:
[phone]

5
6
7

Attorneys for Defendants Epson Electronics America,
Inc. and Epson Imaging Devices Corporation

8
9

MORGAN, LEWIS & BOCKIUS LLP

IO

11
12

Kelli:
Roger

13

15

Kent M. Roger (State Bar No. 95987)
One Market
Spear Street Tower
San Francisco, CA 94105

16

Tel.:
Fax:

14

17

[phone]

[phone]

Attorneys for Defendants Hitachi Electronic Devices
(USA), Inc., Hitachi, Ltd., and Hitachi Displays, Ltd.

18
19

WINSTON & STRAWN LLP

20
21

Lawrence R. Desideri

22

Lawrence R. Desideri (pro hac vice)
35 W. Wacker Drive
Chicago, Illinois 60601
Tel:
[phone]

:23
:24
:25

Fax:

26

[phone]

Attorneys for Defendant
LG Electronics USA, Inc.

27
28

17

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page21 of 27
Casf!l'a1si!-:OV-016lJ11..Q7-SDoCluaentat:fll21 fFilbmttll2/fX1/QilOFag~e~7of 27

1

PAUL, HASTINGS, JANOFSKY & WALKER LLP

2

3
Kevin C. McCann

4

Kevin C. Mccann (State Bar No. 120874)
55 Second Street, 24th Floor
San Francisco, CA 94105
Tel:
[phone]
Fax:
[phone]

5
6

7

Attorneys for Defendants Epson Electronics America,
Inc. and Epson hnaging Devices Corporation

8
9

MORGAN, LEWIS & BOCKIUS LLP

10
11

12

Kent M. Roger

13

Kent M. Roger (State Bar No. 95987)
One Market
Spear Street Tower
San Francisco, CA 94105
Tel.:
[phone]
Fax:
[phone]

14

15
16

17

Attorneys for Defendants Hitachi Electronic Devices
(USA}, Inc., Hitachi, Ltd., and Hitachi Displays, Ltd.

18
19

WINSTON & STRAWN LLP

20
21

By:

Michae~e~

22

Lawrence R. Desideri (pro hac vice)
Michael P. Mayer (pro hac vice)
35 W. Wacker Drive
Chicago, Jl]jnois 60601
Tel:
[phone]
fax:
[phone]

23

24
25
26

Attorneys for Defendant
LG Electronics USA, Inc.

27

28
17

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page22 of 27
CasECfa15&~6V'-(i)r16mQ7-SDoflotlentetml21 IRllsdl12/00/QilO'Pag~e'227of

27

.....-.-,. ... ,

MOR.GAN, LEWIS & BOCKIUS LLP

1
2

By:

3

Kent M. Roger

4

Kent M. Roger (State Bar No. 95987)
One Market
Spear Street Tower
San Francisco, CA 94105
Tel.:
[phone]
Fax:
[phone]

5
6

7

8

Attorneys for Defendants Hitachi Electronic Devices
(USA), Inc., Hitachi, Ltd., and Hitachi Displays, Ltd.

9
10

WINSTON & STRAWN LLP

11.

12

By:

Lawrence R. Desideri

13

Lawrence R. Desideri (pro hac vice)
35 W. Wacker Drive
Chicago, Illinois 60601
Tel:
[phone]
Fax:
[phone]

14
15

16
17

Attorneys for Defendant
LG Electronics USA, Inc.

18

19

CLEARY GOTTLIEB STEEN & HAMU..TON LLP

20
21

22

Michael R. Lazerwitz (pro hac vice)
2000 Pennsylvania Avenue NW
Washington, DC 20006
Tel.:
(202) 97 4-1680
Fax:
[phone]

23
24
25

26

Attorneys for Defendants LG.Philips LCD America,
Inc. and LG.Philips LCD Co., Ltd.

27
28

18

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page23 of 27
Casa:fa1s&~6V'-016m-Sl7-SDoClDllentet:fM21 IRHBdt12/W/QfJO'Pag~ef227of 27

1

CLEARY GOITLlE.B STEEN & HAMILTON LLP

2

By:

3

Michael R. Lazerwitz

4

Michael R. Lazenvitz (pro hac vice)
2000. Pennsylvani~ Avenue NW
Washington, DC 20006
Tel.:
. [phone]
Fax:
[phone]

5
6
7

Attorneys for Defendants LG .Philips LCD America, Inc.
and LG.Philips LCD Co., Ltd.

8

9

DUANE MORRIS LLP

10
11

12
13

14
15

16
17

Attorneys for Defendants NEC Electronics America, Inc.

18
SHEPPARD MULLIN RICHTER &

19

J:IAMPT~N

LLP

20

21

J.ames L. McGinnis

22

James L. McGinnis (State Bar No. 95788)
4 Embarcadero Center, 17th Floor
Francisco, CA 94111-4109
Tel:
[phone]
Fax:
[phone]

23

San

24

25

Attorneys for Defendants Samsung Electronics America,
Inc., Samsung Semiconductor, Inc. and Samsung
Electronics Co., Ltd.

26
27

28
18

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page24 of 27

CLEARY GOTTLIEB STEEN & HAMILTON LLP

1
2

3

Michael R. Lazerwitz

4

Michael R. Lazerwitz (pro hac vice)
2000 Pennsylvania Avenue NW
Washington, DC 20006
Tel.:
[phone]
Fax:
[phone]

5

6

7

Attorneys for Defendants LG. Philips LCD America, Inc.

8

and LG.Philips LCD Co., Ltd.

9

DQANE MORRIS LLP

10
11

12·

George D. Niespolo

13

16

George D. Niespolo (State Bar No. 72107)
One Market Street
Spear Tower, 20th Floor
San Francisco, CA 94105
Tel.:
[phone]
Fax:
[phone]

17

Attorneys for Defendants NEC Electronics America, Inc.

14
15

18

D MULLIN RICHTER & HAMPTON LLP

19

t---------------·-··-···--

20
21

James L. McGinnis

22

James . McGinnis (State Bar No. 95788)
4 Embarcadero Center, 17th Floor
San Francisco, CA 94111-4109
Tel:
[phone]
Fax:
[phone]

23

24
25

Attorneys for Defendants Samsung Electronics America,
Inc., Samsung Semiconductor, Inc. and Samsung
Electronics Co., Ltd.

26
27

28
18

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page25 of 27

1

WHITE & CASE LLP

2
By:

3

W~ A. tAs'S /'1U#'I

4

5
6
7

Attorneys for Defendants Toshiba America Electronic
Components, Inc., Toshiba America Information
Systems, Inc., Toshiba Corporation, and Toshiba
Matsushita Display Technology Co., Ltd.

8

9

10
SULLIVAN & CROMWELL LLP

11

12
13
Garrard R. Beeney

14

Garrard R. Beeney (pro hac vice)
125 Broad Street
New York, NY 10004
Tel:
[phone]
Fax:
[phone]

15
16
17

Attorneys for Defendant
Koninklijke Philips Electronics N.V.

18
19
20

21
22

PlJR!SUANT TO STIPULATION, IT IS SO ORDERED.

23

·~~

24
25

DA11ED:_ - - - - - - -

Hon. Susan Illston
United States District Judge

26

27
28
19

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page26 of 27

WHITE & CASE LLP

1
2

3
Wayne A. Cross
4

Wayne A. Cross (pro hac vice)
1155 Avenue of the Americas
New York, NY 10036
Tel:
[phone]

5
6

Fax:

7

[phone]

Attorneys for Defendants Toshiba America Electronic
Components, Inc., Toshiba America Information
Systems, Inc., Toshiba Corporation, and Toshiba
Matsushi~ Display Technology Co., Ltd.

8

9
10

SULLIVAN & CROMWELL LLP

11

12
By:

13

Garrard R. Beeney

14

Garrard R. Beeney (pro hac vice)
125 Broad Street
New York, NY 10004
Tel:
[phone]
Fax:
[phone]

15
16
17

Attorneys for Defendant
Koninklijke Philips Electronics N.V.

18

19
20

21
22
23
24
25

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:~ J2l \'fl I~

Hon. Susan Illston
United States District Judge

26

27
28
19

STIPULATED PROTECTIVE ORDER

Case3:07-md-01827-SI Document5168 Filed03/15/12 Page27 of 27

1

EXHIBIT A

2

ACKNOWLEDGMENT.AND AGREEMENT TO BE.BOUND

3

I, - - - - - - - - - - [ p r i n t full name], of

4

- - - - - - - - - - - - - - - - - - - - - [print or type full address],

5

declare under penalty of perjury under the laws of the United States of America that I have read

6

in its entirety and understand the Stipulated Protective Order that was issued by the United

7

States District Court for the Northern District of California, San Francisco Division, in the

8

case of In Re TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION, No.: M-07-1827 Sl,

9

MDL No. 1827.
I agree to comply with and to be bound by all the terms of this Stipulated

10

11

Protective Order, and I understand and aclmowledge that failure to so comply could expose me

12

to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

13

disclose in any manner any information or item that is subject to this Stipulated Protective

14

Order to any person or entity except in strict compliance with the provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court

16

for the Northern District of California for the purpose of enforcing the terms of this Stipulated

17

Protective Order, even if such enforcement proceedings occur after termination of this action.

18
Date:

19
20

City and State (or Country) where sworn and signed:

21
22

23

Signature:

24

25

26
27

28
20

STIPULATED PROTECTIVE ORDER

Attachment C

ACER PLAINTIFFS ODM AND LCD PANEL MAKER LIST
1.
2.
3.
4.
5.
6.

7.
8.
9.

10.

11.
12.

13.
14.
15.
16.

17.
18.
19.
20.

21.

22.
23.

Advanced Displays, Inc.
ADI Corp.
Alpha Networks Inc.; Alpha Technical Services Inc.
Alps Electric Co., Ltd.
AmTRAN Technology Co. Ltd.; AmTRAN Video Corporation; AmTran America Corporation;
Amtran Logistics, Inc.
Arima Computer Corporation; Arima Computer (Jiang Su) Co., Ltd.; Arima Computer (U.K.) Ltd.;
Flextronics International Ltd.; Flextronics International USA, Inc.; Flextronics America, LLC;
Flextronics Computer (Texas) Corporation; Arima Computer (Texas) Corporation
AU Optronics Corporation; AU Optronics Corporation America
ASUSTek Computer Inc.; Asus Computer International
BOE Corp.; BOE Hydis Technology Co., Ltd.; BOE Hydis America Inc.; Hydis Technologies Co., Ltd.;
Hydis Taiwan Inc.; BOE Optoelectronics Technology Co., Ltd. (Hong Kong); Beijing BOE
Optoelectronics Technology Co., Ltd.
Chi Mei Corporation; Chimei Innolux Corporation; Innolux Corporation; Innolux Display
Corporation; Chi Mei Optoelectronics Corporation; Chi Mei Optoelectronics USA, Inc.; CMO
Japan Co., Ltd.; Nexgen Mediatech, Inc.; Nexgen Mediatech USA, Inc.
Chunghwa Picture Tubes, Ltd.; Tatung Co.; Tatung Company of America, Inc.
Compal Electronics, Inc.; Compal Communications; Bizcom Electronics, Inc.; Auscom Engineering
Inc.; Compal Electronics (China) Co., Ltd.; Compal Electronics Technology (Kunshan) Co., Ltd.;
Compal Information (Kunshan) Co., Ltd.; Compal Information Technology (Kunshan) Co., Ltd.
Toppoly Optoelectronics Corp.; TPO Displays Corp.
Fujitsu Limited; Fujitsu Display Technologies Corp.; FDK America, Inc.
HannStar Display Corporation
Hitachi, Ltd.; Hitachi Displays, Ltd.; Hitachi Electronic Devices (USA), Inc.; Hitachi East Asia Ltd.;
Hitachi High-Technologies Corporation; Hitachi High-Technologies America, Inc.; Hitachi America,
Ltd.; Kaohsiung Opto-Electronics Americas, Inc.; KOE Americas, Inc.
Hon Hai Precision Industry Co., Ltd.; Foxconn Technology Group; Foxconn Electronics Inc.;
Foxconn/Hon Hai Logistics California LLC
IDT International Ltd.
International Business Machines Corporation; IBM Japan, Ltd.
International Display Technology; International Display Technology Co., Inc.; International
Display Technology Co., Ltd.; International Display Technology, Ltd.; International Display
Technology USA Inc.
Inventec Corporation; Inventec Electronics (USA) Co., Ltd.; Inventec (U.S.A.) Corporation;
Inventec Distribution North America Corporation; Inventec Configuration (North America)
Corporation; Inventec Holding (North America) Corporation; Inventec Manufacturing (North
America) Corporation; Inventec BESTA Co., Ltd.; Inventec Micro-Electronics; Inventec
Multimedia & Telecom Corp.
IPS Alpha Technology, Ltd.
LG Display Co., Ltd.; LG.Philips LCD Co., Ltd.; LG Display America, Inc.; LG.Philips LCD America,
Inc.; LG International (HK) Ltd.; LG.Philips LCD Taiwan Co., Ltd.; LG Display Taiwan Co., Ltd.; LG

24.
25.

26.
27.

28.
29.
30.
31.

32.
33.
34.

35.
36.
37.

38.

39.
40.
41.

42.

Innotek Co., Ltd.; LG Electronics, Inc.; LG Electronics U.S.A., Inc.; LG Electronics Alabama Inc.; LG
Electronics Mexicali S.A. De C.V.; LG Electronics Mexico S.A. de C.V.; LG Electronics Mobile
Research U.S.A., LLC; LG Electronics Mobilecomm U.S.A., Inc.; LG Electronics Wales Ltd.; LG
Semicon America, Inc.
Lite-ON IT Corporation; Lite-ON Technology Corporation; Lite-ON, Inc.; Lite-On Technology USA,
Inc.; Lite-On Trading USA, Inc.
Mitsubishi Electric Corporation; Mitsubishi Electric & Electronics USA, Inc.; Mitsubishi Electric US,
Inc.; Mitsubishi Digital Electronics America Inc.; Mitsubishi Electronics America, Inc.; Mitsubishi
Electronics Device Group; Mitsubishi Electronics
Mitsui & Co., Ltd.; Mitsui & Co. (Taiwan), Ltd.; Mitsui & Co. (USA), Inc.; Mitsui Comtek Corp.
NEC Corporation; NEC Corporation of America; NEC Display Solutions of America, Inc.; NEC LCD
Technologies, Ltd.; NEC Electronics America, Inc.; Shanghai SVA-NEC Liquid Crystal Display Co.,
Ltd.
NEC Electronics, Inc.; Renesas Electronics Corporation; Renesas Electronics America Inc.
Optoma Technology Inc.; Coretronic Corporation
Optrex Corp.
Panasonic Corporation; Panasonic Corporation of North America; Panasonic Liquid Crystal
Display Co., Ltd.; Panasonic Industrial Sales (Taiwan) Co., Ltd.; Panasonic Industrial Devices Sales
Taiwan Co., Ltd.
Prime View International Co., Ltd.; E Ink Corporation; E Ink Holdings Incorporated
Royal Philips Electronics N.V.; Philips Electronics North America Corp.; Philips Display Corp.;
Philips Components Kobe K.K.; Philips Mobile Display Systems
Quanta Computer Inc.; Quanta Computer USA, Inc.; Quanta Manufacturing Incorporation;
Quanta International, Ltd.; Quanta Service Inc.; Quanta Service Nashville LLC; Quanta Shanghai
Manufacture City; Quanta Changshu Manufacturing City; Quanta Chongqing Manufacturing City
Quanta Display Inc.
S-LCD Corp.
Samsung Electronics Co., Ltd.; Samsung Semiconductor, Inc.; Samsung Electronics America, Inc.;
Samsung Electronics Taiwan Co., Ltd.; Samsung SDI Co., Ltd.; Samsung SDI America, Inc.;
Samsung SSI; Samsung Mobile Display; Samsung Display Co., Ltd.; Samsung Telecommunications
America, LLC
Sanyo Consumer Electronics Co., Ltd.; Tottori Sanyo Electric Co., Ltd.; Sanyo Electric Co., Ltd.;
Sanyo Multimedia Tottori Co., Ltd.; Sanyo Electronic Device (U.S.A.) Corporation; Sanyo North
America Corporation; Sanyo Manufacturing Corporation
Seiko Epson Corporation; Epson Imaging Devices Corporation; Epson Electronics America, Inc.;
Epson America, Inc.
Sharp Corporation; Sharp Electronics Corporation
Toshiba Corporation; Toshiba Matsushita Display Technology Co., Ltd. (n/k/a Toshiba Mobile
Display Co., Ltd.); Toshiba America Electronic Components, Inc.; Toshiba America Information
Systems, Inc.; Toshiba Electronics Taiwan Corporation; Toshiba Digital Media Network Taiwan
Corporation; Toshiba Corporation Digital Media Network Co.; Toshiba Digital Media Network
Top Victory Electronics (Fujian) Co., Ltd.; Top Victory Electronics (Taiwan) Co., Ltd.; Top Victory
International Limited; TP Vision Europe B.V.; TP Vision Holding B.V.; TP Vision Netherlands B.V.;

TPV Electronics (Fujian) Co., Ltd.; TPV (Top Victory) Investments Limited; TPV International (USA),
Inc.; TPV Technology Limited; Envision Peripherals, Inc.
43. Unipac Optoelectronics Corp.
44. Wistron Corporation; Wistron Corporation (Shanghai) Co., Ltd.; Wistron (Kunshan) Co., Ltd.;
Wistron (Zhongshan) Co., Ltd.; Wistron ITS (Beijing) Inc.; Wistron InfoComm (Qingdao) Co., Ltd.;
Wistron InfoComm Technology (Kunshan) Co., Ltd.; Wistron InfoComm (Zhongshan) Corporation;
Wistron Investment (Sichuan) Co., Ltd.; Wistron InfoComm Manufacturing (Kunshan) Co., Ltd.;
Wistron Service (Kunshan) Co., Ltd.; Wistron InfoComm (Chongqing) Co., Ltd.; Wistron
InfoComm (Chengdu) Co., Ltd.; Wistron InfoComm (Taizhou) Co., Ltd.; Wistron (Chengdu) Co.,
Ltd.; Wistron Optronics (Shanghai) Co., Ltd.; Wistron Mexico S.A. de C.V.; Wistron InfoComm
Corporation; Wistron InfoComm Texas Corporation