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The AMD Subpoena to Microsoft
Monday, April 17 2006 @ 02:07 AM EDT

Let's take a little side trip. Groklaw's feldegast couldn't resist doing a text version of the heart of the AMD subpoena to Microsoft [PDF]. So, for those who'd like to track this one, here it is. He didn't do the forms, but if anyone feels inclined, you can find templates in the Groklaw Archives, in the subpoenas SCO sent Intel and The Open Group. I don't think it's necessary, but if you want to do the work, I'm happy to put it here on Groklaw.

It's a document subpoena. On page 3 of the PDF, one of the pages we haven't transcribed, you'll see that there is no one scheduled to be deposed at this time. At this point, it's about documents. Later, I'm sure after they study the documents they get, AMD will have in mind to depose some folks.

Frankly the standards questions Microsoft is being asked to provide information about fascinate me, because of the ODF story and the whole Ecma/Oasis thing. You'll see that part begin in the section on documents to be produced, paragraphs 4-6. For example, here's 4:

4. DOCUMENTS reflecting or discussing: ( I ) the design, development or implementation of STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES; (2) intellectual property rights of MICROSOFT, INTEL, or AMD relating to STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES; (3) licensing of STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES, or any intellectual property rights related thereto, by MICROSOFT, INTEL or AMD and the terms of such licenses; or (4) INTEL'S or AMD's participation in or exclusion from efforts to design, develop or implement STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES.

AMD seems to have something quite specific in mind. That part of this story I'll definitely be following. To think, I used to feel standards were boring.

Say, paragraph 6 is pretty interesting too:

6. For purposes of this document request, ''STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES" refers to (a) standards, specifications, protocols or software relating to Microsoft's Palladium, Trustworthy Computing initiatives, Trusted Network Connect (TNC), Network Access Protection (NAP) or Next-Generation Secure Computing Base (NGSCB); (b) standards, specifications, protocols or software relating to Intel's LaGrande technology or AMD's Presidio technology; (c) standards, specifications, protocols or software relating to the Trusted Platform Module or Secure Startup; or (d) standards, specifications, protocols or sohare considered, discussed or developed by or through the Trusted Computing Platform Alliance (TCPA), Trusted Computing Group (TCG), Peripheral Component Interface Special Interest Group (PC1 SIG), Universal Serial Bus (USB) lrnplementers Forum or IEEE.
What does AMD see going on in the Trusted Computing space?

************************************

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

ADVANCED MICRO DEVICES, INC., a
Delaware corporation, and AMD
INTERNATIONAL SALES & SERVICE, LTD.,
a Delaware corporation,

Plaintiff,

vs.

INTEL, CORPORATION, a Delaware
corporation and INTEL KABUSHIKI KAISHA,
a Japanese corporation,

Defendants.

Civil Action No. 05-441-JJF

NOTICE OF SUBPOENA

TO:

Richard L,. Horwitz, Esquire
Potter Anderson & Corroon LLP
[Address]

Darrell B. Bernhard, Esquire
Howrey LLP
[Address]

Robert E. Cooper, Esquire
Daniel S. Floyd, Esquire
Gibson, Dunn & Crutches, L.L.P
[Address]

PLEASE TAKE NOTICE that on April 1.3, 2006, the attached subpoena was served on Microsoft Corporation, c/o Corporation Service Company, [Address].

1

Of Counsel:
Charles P. Diamond
Linda J. Smith
Mark A. Samuels
O'Melveny & Myers, LLP
[Address]
[Phone]

Dated: April 13,2006

[Signature]
Jesse A. Finkelstein (#1090)
Frederick L. Cottrell, III (#2555)
Chad M. Shandler (#3796)
Steven J. Fineman (#4025)
Richards, Layton & Finger, P.A.
[address, phone, email addresses]
Attorneys for Plaintiffs Advanced Micro
Devices, Inc and AMD International Sales &
Service, Ltd.

2

[Subpoena Form Document]

3

[Proof of Service Form Document]

4

EXHIBIT A

5

SCHEDULE A

DEFINITIONS

1. For purposes of this document request, "DOCUMENT" includes, without limitation,
any hard copy writings and documents as well as electronically stored data-files including email,
instant messaging, shared network files, and databases created, accessed, modified or dated on or
after January 1, 2000

2. With respect to electronically stored data, "DOCUMENT" also includes, without
limitation, any data on magnetic or optical storage media (e.g., servers, storage area networks,
hard drives, backup tapes, CDs, DVDs, thumblflash drives, floppy disks, or any other type of
portable storage device, etc.) stored as an "active" or backup file, in its native format.

3. For purposes of this document request, "MICROPROCESSOR" means general
purpose microprocessors using the x86 instruction set (e.g., Sempron, Athlon, Turion, Opteron,
Celeron, Pentium, and Xeon).

4. For purposes of this document request, "64-BIT MICROPROCESSOR" means any
MICROPROCESSOR that uses x86 instructions for the 64-bit architecture, including, but not
limited to, any 64-BIT MICROPROCESSORS (e g., Opteron, Athlon 64, Turion 64), any
INTEL MICROPROCESSORS using the EM64T extended instruction set and any INTEL
MICROPROCESSORS using x86 instructions fiom any other 64-bit instruction set.

5. For purposes of this document request, the terms "COMPANY" and "MICROSOFT"
refer to Microsoft Corporation and any of its controlled present or former subsidiaries, joint ventures,
affiliates, parents, assigns, predecessor or successor companies and divisions thereof.
"INTEL" refers to Intel Corporation, Intel Kabushiki Kaisha, and any of their present or former
subsidiaries, affiliates, parents, assigns, predecessor or successor companies and divisions
thereof. "AMD" refers to Advanced Micro Devices, Inc., AMD International Sales and Service
Ltd., and any of their present or former subsidiaries, affiliates, parents, assigns, predecessor or
successor companies and divisions thereof.

6. For purposes of this document request, ''STANDARDS, SPECIFICATIONS,
PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES" refers to
(a) standards, specifications, protocols or software relating to Microsoft's Palladium,
Trustworthy Computing initiatives, Trusted Network Connect (TNC), Network Access
Protection (NAP) or Next-Generation Secure Computing Base (NGSCB); (b) standards,
specifications, protocols or software relating to Intel's LaGrande technology or AMD's Presidio
technology; (c) standards, specifications, protocols or software relating to the Trusted Platform
Module or Secure Startup; or (d) standards, specifications, protocols or sohare considered,
discussed or developed by or through the Trusted Computing Platform Alliance (TCPA), Trusted
Computing Group (TCG), Peripheral Component Interface Special Interest Group (PC1 SIG),
Universal Serial Bus (USB) lrnplementers Forum or IEEE.

6

INSTRUCTIONS
1. The time period, unless otherwise specified, covered by each request set forth below is
from January 1,2000 up to and including the present.

2. In responding to each request set forth below, please set forth each request in full
before each response.

3 If any DOCUMENT covered by these requests is withheld by reason of a claim of
privilege, please furnish a list at the time the DOCUMENTS are produced identifying any such
DOCUMENT for which the privilege is claimed, together with the following information with
respect to any such DOCUMENT withheld: author; recipient; sender; indicated or blind copies;
date; general subject matter; basis upon which privilege is claimed and the paragraph of these
requests to which such DOCUMENT relates. For each DOCUMENT withheld under a claim
that it constitutes or contains attorney work product, also state whether COMPANY asserts that
the DOCUMENT was prepared in anticipation of litigation or for trial.

4. If COMPANY objects to a request in part, please state specifically which part of the
request COMPANY objects to and produce all DOCUMENTS responsive to all other parts ofthe
request.

5. With respect to any DOCUMENT maintained or stored electronically, please harvest
it in a manner that maintains the integrity and readability of all data, including all metadata.

6. Please produce all DOCUMENTS maintained or stored electronically in native,
electronic format with all relevant metadata intact and in an appropriate and useable manneI
(e.g., by copying such data onto a USB 2.0 external hard drive). Encrypted or passwordprotected
DOCUMENTS should be produced in a form permitting them to be reviewed.

7. Please organize electronic DOCUMENTS produced for inspection in the same manner
that the COMPANY stores them (e.g., if maintained by a custodian, such as email residing on an
email server, please organize DOCUMENTS for production by custodian; if maintained in a
subfolder of "My Documents" on a custodian's hard drive, please organize DOCUMENTS for
production by custodian with path information preserved, etc.).

8. To the extent responsive DOCUMENTS reside on databases and other such systen~s
and files, COMPANY shall either produce the relevant database in useable form andlor shall
permit access for inspection, review, and extraction of responsive information.

9. At COMPANY'S election, DOCUMENTS maintained or stored in paper; hard-copy
form can be produced as searchable .PDF (i.e., portable document format files with embedded
text) and in an appropriate and useable manner (e,g., by copying such data onto a USB 2.0
external hard drive).

7

DOCUMENTS TO BE PRODUCED

1. DOCUMENTS reflecting or discussing: (a) MICROSOFT'S decision to develop
software for AMD's or INTEL'S 64-BIT MICROPROCESSORS; (b) MICROSOFT'S
development of software for those MICROPROCESSORS; and (c) the timing and schedule for
development and release of such software.

2. DOCUMENTS constituting or reflecting communications with AMD or INTEL
concerning: (a) MICROSOFT'S decision to develop software for AMD's or INTEL'S 64-BIT
MICROPROCESSORS; (b) MICROSOFT'S development of software for those
MICROPROCESSORS; and (c) the timing and schedule for development and release of such
software

3. DOCUMENTS constituting or reflecting internal discussions or other communications
within MICROSOFT concerning: (a) MICROSOFT'S decision to develop software for AMD's
or INTEL'S 64-BIT MICROPROCESSORS; @) MICROSOFT'S development of software for
those MICROPROCESSORS; and (c) the timing and schedule for development and release of
such software.

4. DOCUMENTS reflecting or discussing: ( I ) the design, development or
implementation of STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR
SECURE INPUT OR OUTPUT INTERFACES; (2) intellectual property rights of
MICROSOFT, INTEL, or AMD relating to STANDARDS, SPECIFICATIONS, PROTOCOLS
OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES; (3) licensing of
STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT
OR OUTPUT INTERFACES, or any intellectual property rights related thereto, by
MICROSOFT, INTEL or AMD and the terms of such licenses; or (4) INTEL'S or AMD's
participation in or exclusion from efforts to design, develop or implement STANDARDS,
SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT
INTERFACES.

5. DOCUMENTS constituting or reflecting communications with AMD or INTEL
concerning: (1) the design, development or implementation of STANDARDS,
SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT
INTERFACES; (2) intellectual property rights of MICROSOFT, INTEL or AMD relating to
STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT
OR OUTPUT INTERFACES; (3) licensing of STANDARDS, SPECIFICATIONS,
PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES, or any
intellectual property rights related thereto, by MICROSOFT, INTEL or AMD and the terms of
such licenses; or (4) INTEL'S or AMD's participation in or exclusion from efforts to design,
develop or implement STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE
FOR SECURE INPUT OR OUTPUT INTERFACES.

6. DOCUMENTS constituting or reflecting internal discussions or other communications
within MICROSOFT concerning: (1) the design, development or implementation of
STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE INPUT
OR OUTPUT INTERFACES; (2) intellectual property rights of MICROSOFT, INTEL, or AMD

8

relating to STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE FOR SECURE
INPUT OR OUTPUT INTERFACES; (3) licensing of STANDARDS, SPECIFICATIONS,
PROTOCOLS OR SOFTWARE FOR SECURE INPUT OR OUTPUT INTERFACES, or any
intellectual property rights related thereto, by MICROSOFT, INTEL, or AMD and the terms of
such licenses; or (4) INTEL'S or AMD's participation in or exclusion from efforts to design,
develop or implement STANDARDS, SPECIFICATIONS, PROTOCOLS OR SOFTWARE
FOR SECURE INPUT OR OUTPUT INTERFACES.

7. DOCUMENTS reflecting or discussing: (a) MICROSOFT'S actual or perceived
collaboration with or support of AMD relating to advertisement or promotion of AMD, AMD
MICROPROCESSORS and/or computer systems containing AMD MICROPROCESSORS; (b)
MICROSOFT'S actual or planned participation in and support of any AMD product launch or
promotion; or (c) INTEL'S reaction or response to MICROSOFT'S actual or perceived
collaboration with or support of AMD relating to advertisement or promotion of AMD, AMD
MICROPROCESSORS and/or computer systems containing AMD MICROPROCESSORS or
MICROSOFT'S actual or planned participation in and support of any AMD product launch or
promotion.

8. DOCUMENTS constituting or reflecting communications with AMD or INTEL
concerning: (a) MICROSOFT'S actual or perceived collaboration with or support of AMD
relating to advertisement or promotion of AMD, AMD MICROPROCESSORS and/or computer
systems containing AMD MICROPROCESSORS; (b) MICROSOFT'S actual or planned
participation in and support of any AMD product launch or promotion; or (c) INTEL'S reaction
or response to MICROSOFT'S actual or perceived collaboration with or support of AMD
relating to advertisement or promotion of AMD, AMD MICROPROCESSORS and/or computer
systems containing AMD MICROPROCESSORS or MICROSOFT'S actual or planned
participation in and support of any AMD product launch or promotion.

9. DOCUMENTS constituting or reflecting internal discussions or other communications
within MICROSOFT concerning: (a) MICROSOFT'S actual or perceived collaboration with or
support of AMD relating to advertisement or promotion of AMD, AMD MICROPROCESSORS
and/or computer systems containing AMD MICROPROCESSORS; (b) MICROSOFT'S actual
or planned participation in and support of any AMD product launch or promotion; or (c)
INTEL'S reaction or response to MICROSOFT'S actual or perceived collaboration with or
support of AMD relating to advertisement or promotion of AMD, AMD MICROPROCESSORS
and/or computer systems containing AMD MICROPROCESSORS or MICROSOFT'S actual or
planned participation in and support of any AMD product launch or promotion.

10. DOCUMENTS constituting or reflecting internal discussions or other
communications within MICROSOFT or communications with any third party concerning the
capitalization, financing, valuation or financial viability of AMD.

11. DOCUMENTS authored by or on behalf of MICROSOFT constituting or reflecting
assessments, evaluations, analyses, summaries, reports, studies or other writings (a) concerning
the capitalization, financing, valuation or financial viability of AMD, or (b) comparing INTEL
and AMD MICROPROCESSORS from a price, quality, performance or other standpoint.

9

CERTIFICATE OF SERVICE

I hereby certify that on April 13, 2006, I electronically filed the foregoing document with
the Clerk of Court using CMIECF and have sent by Hand Delivery to the following:

Richard L. Horwitz, Esquire
Potter Anderson & Corroon LLP
[Address]

and on April 13, 2006 have sent by Federal Express to the followi~lgn on-registered participants:

Darrell B. Bernhard, Esquire
Howrey LLP
[Address]

Robert E. Cooper, Esquire
Daniel S. Floyd, Esquire
Gibson, Dunn & Crutches, L.L.P
[Address]

________[Signature]________
Steven J. Fineman (#4025)
Richards, Layton & Finger, P.A.
[Address]
[Phone]
[Email]


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