Sun Microsystems, Inc. v. Hynix Semiconductor Inc.

ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT

Defendants’ motions for summary judgment came on for hearing before this court on January 21, 2009. Plaintiff Sun Micro-systems, Inc. (“Sun” or “plaintiff’), appeared through its counsel, Jerome A. Murphy, and David D. Cross. Defendants Nanya Technology Corporation (“NTC”) and Nanya Technology Corporation USA (“NTC USA”) (collectively “Nanya”) appeared through their counsel, Howard Ullman, Robert E. Freitas, and Catherine Lui. Having read all the papers submitted and carefully considered the relevant legal authority, the court hereby DENIES the motions for summary judgment, for the reasons stated at the hearing and as follows.

BACKGROUND

The instant action is part of the general opt-out category of cases related to In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, Case No. M 02-1486 PJH — a multidistrict litigation (“MDL”) action currently pending before the court. Both the MDL action and the opt-out cases generally allege a horizontal price-fixing conspiracy carried out by numerous DRAM manufacturer defendants, in violation of federal and state antitrust laws. While there are a total of six different individual cases…