As discovery heats up in the Federal Trade Commission's monopolization lawsuit against Intel Corp., at least seven tech giants have been dragged into the fray.
Microsoft, Oracle, Hewlett-Packard, Via Technologies, Lenovo, Acer and Gateway have all been hit with subpoenas for documents either by the FTC, Intel, or both. Lawyers for the companies have responded with motions asking for more time to comply or to quash or limit the scope of the requests.
The FTC on Dec. 16 charged Intel with using its dominant market position to illegally stifle competition in violation of Section 5 of the FTC Act. Trial is set for September.
According to papers filed with the agency, Microsoft is represented by Jonathan Kanter and Amy Ray of Cadwalader, Wickersham & Taft. Intel’s subpoena includes 33 requests for production of documents from Microsoft.
A Washington-based antitrust partner, Kanter previously worked at the FTC in the Bureau of Competition. Ray is an associate.
Oracle has been hit with multiple document requests – one from Intel seeking Oracle papers, another asking for documents from Sun Microsystems, which was acquired by Oracle earlier this year.
The Intel subpoena contains 43 specifications for relevant documents from Oracle and 36 specifications for Sun, according to court papers. In addition, the FTC subpoena includes 23 document production requests.
Oracle has retained Hogan & Hartson partners Clay James and Joseph Krauss. Prior to joining Hogan in Denver in 2009, James was the chief litigation counsel for Sun Microsystems. Krauss, who is based in Washington, spent 11 years at the FTC before moving to Hogan in 1999.
Via Technologies faces a subpoena from Intel with 57 specifications and seven pages of definitions. Via has retained David Gelfand, Patricia McDermott, and Daniel Culley of Cleary Gottlieb Steen & Hamilton. Gelfand is a Washington-based antitrust partner, McDermott is a senior attorney, and Culley is an associate.
The FTC wants information from Lenovo Group, issuing a subpoena with 21 specifications. The Chinese computer technology company is represented by W. Andrew Copenhaver of Womble, Carlyle, Sandridge & Rice. An experienced trial attorney, the Winston-Salem based partner specializes in antitrust.
Hewlett-Packard has hired Kristofor Henning and Victoria Wesner of Morgan, Lewis & Bockius. Henning is based in Philadelphia and is a partner in the firm’s litigation group. Wesner is an associate.
Acer America Corp. and Gateway, Inc. are represented by Peter McMahon, founding partner of McMahon Serepca in San Carlos, Calif., and Pamela Kelly, an associate.
FTC filings also show that Intel has added more lawyers to its team. The company was already represented by Wilmer Cutler Pickering Hale and Dorr; Gibson, Dunn & Crutcher; and Howrey.
Back in the mix is James Hunt of Bingham McCutchen. Along with Gibson, Dunn and Howrey, Bingham represented Intel in an antitrust suit filed in 2005 by Advanced Micro Devices. That case settled in November with Intel paying AMD $1.25 billion.
But Bingham hadn’t been part of the original legal line-up in the FTC suit until last month. Hunt, who is of counsel, was involved in the AMD case and is a past chairman of Bingham.
Intel also added Roy Englert, Jr. of 24-lawyer Robbins Russell Englert, Orseck, UntereIner & Sauber in Washington. An appellate litigator and antitrust specialist, Englert worked in the Office of the Solicitor General from 1986 to 1989 and has argued 18 cases in the U.S. Supreme Court.
As for the FTC, two new agency lawyers filed notices of appearance - Richard Dagen and Andrew Mann.
What a complete disgusting waste of taxpayers money going after a fine company like Intel that employs many Americans with great productive intelligence.
Posted by: John | April 04, 2010 at 11:53 PM
go Intel !
Posted by: jerry | April 03, 2010 at 01:37 PM