Discovery amounts to "hundreds of millions of pages"
WE REPORTED a few weeks ago that Judge Joseph Jarnan set a date for AMD and Intel to schedule procedures and to set an agenda - that happens on the 20th of April next.
(See
Judge sets agenda date for AMD, Intel trial)
Now the Delaware district court has now published the proposed agenda, which is subject to the good Judge's approval and there are proposed stipulations which suggest some documents are likely to be sealed.
Both Intel and AMD have served and given written responses to document requests and started collecting responsive materials. The lawyers say total production could be hundreds of millions of pages.
Tweedledum and Tweedledee
Agreed to have a battle!
For Tweedledum said Tweedledee
Had spoiled his nice new rattle.
Just then flew down a monstrous crow,
As black as a tar-barrel!
Which frightened both the heroes so,
They quite forgot their quarrel.
AMD and Intel are attempting to negotiate a mutually acceptable protective order." By the 20th of April, both firms will be in a position to report an agreement or a limited set of problems to resolve.
Both parties have already agreed to the scope of expert testimony and discovery - but that will be subject to the lawyers representing the class actions, too.
AMD is proposing a stipulation about pre-deposition interviews of former employees in whose favour NDAs (non disclosure agreements) run.
Both firms will establish dates for service by Intel and class action plaintiffs of third party document subpoenas. AMD and Intel will appoint a "Discovery Master" to resolve any disputes. As there are dozens of class actions started after AMD filed its first complaint, we should all pity the "Discovery Master" who has to arbitrate between the different parties.
Lawyers acting for Intel and AMD have made initial disclosures to each other concerning individuals with knowledge and documents and agree that process is over. For all the third party class action cases which hang off the initial AMD antitrust coat tails, there will be coordination on discovery. AMD and Intel along with federal and state class action lawyers have discussed a joint proposal for coordinated discovery in conjunction with the Santa Clara superior court, where the Californian class acts have been consolidated.
The INQuirer
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