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Toshiba objects dozens of times to AMD subpoena

Meaning of CPU too vague, and so on
Thursday, 20 October 2005, 08:07
PC MAKER Toshiba America has objected to subpoenas AMD issued to it earlier this month.

Toshiba joins another Japanese owned firm, NEC, which objected, objected, and objected again to being forced to disclose its dealings with Intel.

It lost no time in filing a 26 page response to the AMD subpoena and claimed it was vague, too broad, and burdensome. Toshiba America, it said, reserves the right to quash the subpoena, move for a protective order, and do other things which it didn't specify.

Toshiba America said the subpoena wants documents that it can't supply because they're in the possession of Toshiba Corporation. It objects that some of the people named in the subpoena don't work there any more. It also says that the burden and cost of the discovery outweighs its likely benefit.

It also raises some recondite objections about the rules of civil practice in Delaware and in federal reports. It might breach attorney client privileges too.

It also says that the subpoena could breach its own confidential and proprietary information, including confidentiality agreements it may or may not have.

It won't release any douments unless a court issues a protective order.

It objects that AMD wants documents which are either already in its possession or are in the public domain. "Such requests are duplicative," say the Toshiba pleaders. There's much more before Toshiba America starts its specific objections which include questioning the meaning of "document", "microprocessor", "financial inducement", "company", "market development funds", and "discussing".

The absurdly cynical might wonder why Toshiba goes to such nit picking lengths when loyal Intel customer Dell decided to cooperate with AMD. Toshiba America Information Systems and Toshiba Corporation have also filed objections to the AMD subpoena. ยต

See Also
Toshiba Corporation tells AMD subpoena server to bog off
AMD and Intel trial coverage and reports
Filing to court Objection, your honor!

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