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Reply Brief of Petitioners
No. 06-937 In the Supreme Court of the United States QUANTA COMPUTER, INC., QUANTA COMPUTER USA, INC., Q-LITY COMPUTER, INC., COMPAL ELECTRONICS, INC., BIZCOM ELECTRONICS, INC., SCEPTRE TECHNOLOGIES, INC., FIRST INTERNATIONAL COMPUTER, INC. AND FIRST INTERNATIONAL COMPUTER OF AMERICA, INC., PETITIONERS, V. LG ELECTRONICS, INC., RESPONDENT. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT REPLY BRIEF OF PETITIONERS TERRENCE D. GARNETT MAUREEN E. MAHONEY VINCENT K. YIP Counsel of Record PETER WIED J. SCOTT BALLENGER PAUL, HASTINGS, JANOFSKY ANNE W. ROBINSON & WALKER LLP LATHAM & WATKINS LLP 515 SOUTH FLOWER STREET 555 11TH STREET N.W. 25TH FLOOR SUITE 1000 LOS ANGELES, CA 90071 WASHINGTON, D.C. 20004 (213) 683-6000 (202) 637-2200 Counsel for Quanta Computer, Counsel for Petitioners Inc., Quanta Computer USA, Inc., Q-Lity Computer, Inc. Additional Counsel Listed on Inside Cover MAXWELL A. FOX WILLIAM J. ANTHONY, JR. PAUL, HASTINGS, JANOFSKY ERIC L. WESENBERG & WALKER LLP KAI TSENG 34 F ARK MORI BUILDING MATTHEW J. HULT P.O. BOX 577 ROWENA Y. YOUNG 12-32 AKASAKA 1-CHOME ORRICK, HERRINGTON MINATO-KU, TOKYO 107-6034 & SUTCLIFFE LLP JAPAN 1000 MARSH ROAD 813 6229 6100 MENLO PARK, CA 94025 Counsel for Quanta (650) 614-7400 Computer, Inc., Quanta Counsel for Compal Electronics, Computer USA, Inc., Q-Lity Inc., Bizcom Electronics, Inc., Computer, Inc. Sceptre Technologies, Inc. RONALD S. LEMIEUX PAUL, HASTINGS, JANOFSKY & WALKER LLP 5 PALO ALTO SQUARE 6TH FLOOR PALO ALTO, CA 94306 Counsel for First International Computer, Inc. and First International Computer of America, Inc. -
Global Capital, the State, and Chinese Workers: the Foxconn Experience
MCX38410.1177/0097700 447164412447164Pun and ChanModern China © 2012 SAGE Publications Reprints and permission: sagepub.com/journalsPermissions.nav Articles Modern China 38(4) 383 –410 Global Capital, the State, © 2012 SAGE Publications Reprints and permission: and Chinese Workers: sagepub.com/journalsPermissions.nav DOI: 10.1177/0097700412447164 The Foxconn Experience http://mcx.sagepub.com Pun Ngai1 and Jenny Chan2 Abstract In 2010, a startling 18 young migrant workers attempted suicide at Foxconn Technology Group production facilities in China. This article looks into the development of the Foxconn Corporation to understand the advent of capi- tal expansion and its impact on frontline workers’ lives in China. It also pro- vides an account of how the state facilitates Foxconn’s production expansion as a form of monopoly capital. Foxconn stands out as a new phenomenon of capital expansion because of the incomparable speed and scale of its capital accumulation in all regions of China. This article explores how the workers at Foxconn, the world’s largest electronics manufacturer, have been subjected to work pressure and desperation that might lead to suicides on the one hand but also open up daily and collective resistance on the other hand. Keywords global capital, Chinese state, student workers, rural migrant workers, Foxconn Technology Group When Time magazine nominated workers in China as the runners-up for the 2009 Person of the Year, the editor commented that Chinese workers have brightened the future of humanity by “leading the world to economic 1Hong Kong Polytechnic University, Kowloon, Hong Kong 2Royal Holloway, University of London, Surrey, UK Corresponding Author: Pun Ngai, Department of Applied Social Sciences, Hong Kong Polytechnic University, Kowloon, Hong Kong Email: [email protected] 384 Modern China 38(4) recovery” (Time, Dec. -
Wistron Corporation and Intellectual Ventures Sign License Agreement
Wistron Corporation and Intellectual Ventures Sign License Agreement TAIPEI, Taiwan and BELLEVUE, Wash. — September 21, 2011 — Wistron Corporation and Intellectual Ventures (IV®) announced today that they entered into a license agreement. The deal provides Wistron with access to IV’s extensive patent portfolio of more than 35,000 IP assets, and also provides them membership in IV’s IP-for-Defense program. Wistron is among the world's largest original design manufacturer (ODM) companies producing information communications technology (ICT) products. As patent infringement claims increase in the technology sector, companies often find themselves in need of defensive strategies. For customers accused of patent infringement by their competitors, IV’s IP-for- Defense program provides them with the ability to obtain patents from IV’s portfolio to support counter- assertion, enabling more efficient negotiations in order to reduce liabilities and achieve favorable licensing terms. “Wistron has a well-established intellectual property policy built on our long-standing practices of fostering integrity, protecting innovations, and mutual respect for intellectual property.” said Michael C.M. Wu, general counsel of Wistron Corporation. “We believe our industry needs to encourage a healthy ecosystem that may facilitate creating, capitalizing on, and protecting intellectual property. The signing of this licensing agreement embodies Wistron’s strong commitment in adhering to its IP policy and continuous striving to strengthen Wistron’s patent portfolio. By entering into a strategic alliance with Intellectual Ventures, Wistron gains an efficient access of patented technologies which can mitigate Wistron’s exposure in future patent risks and further help Wistron to stay competitive in the OEM/ODM business.” “Wistron’s agreement with IV supplements its existing IP strategy to minimize risk and take advantage of IV’s services beyond a basic license agreement,” said Don Merino, senior vice president, global licensing sales at Intellectual Ventures. -
Coming Back Home After the Sun Rises: Returnee Entrepreneurs and Growth of High Tech Industries
G Model RESPOL-2772; No. of Pages 17 ARTICLE IN PRESS Research Policy xxx (2012) xxx–xxx Contents lists available at SciVerse ScienceDirect Research Policy jou rnal homepage: www.elsevier.com/locate/respol Coming back home after the sun rises: Returnee entrepreneurs and growth of high tech industries a,b c,∗ d Martin Kenney , Dan Breznitz , Michael Murphree a Department of Human and Community Development, University of California, Davis, United States b Berkeley Roundtable on the International Economy, United States c The Scheller College of Business, Georgia Institute of Technology, United States d Sam Nunn School of International Affairs, Georgia Institute of Technology, United States a r t i c l e i n f o a b s t r a c t Article history: Recently, the role of returnees in the economic development of various East Asian nations has received Received 6 November 2011 much attention. The early literature on the relocation of the most highly trained individuals from a devel- Received in revised form 30 July 2012 oping nation to a developed nation viewed the phenomena as a “brain drain.” Since the 1990s, a new Accepted 4 August 2012 strand of thinking has suggested that for developing nations this was actually a positive phenomenon; as Available online xxx these expatriates studied and then worked abroad, they absorbed technical expertise, managerial, and entrepreneurial skills. These theories stipulated that these expatriates then returned home, and ignited Keywords: a virtuous circle of technological entrepreneurship leading to rapid economic development. Much of this High skilled immigrants Innovation literature gives returnees a critical role in the home country’s take-off period of the local information and communications technology (ICT) industry. -
“UROP Has Long Represented the Opportunity to Discover, Innovate and Create New Knowledge. the EECS Superurop Promises MIT Un
“UROP has long represented the opportunity to discover, innovate and create new knowledge. The EECS SuperUROP promises MIT undergraduates an even more intensive and sustained intellectual SuperUROP experience working with our faculty. We expect EECS majors will welcome this new opportunity with enthusiasm.” — Julie B. Norman Senior Associate Dean for Undergraduate Education Director, Office of Undergraduate Advising and Academic Programming 2012– 2013 I am thrilled to celebrate the launch of the new Advanced Undergraduate Research Program in EECS, now officially known as SuperUROP. This collaboration between EECS and the MIT UROP office evolved out of the 2012 EECS strategic plan, which included strong participation from faculty, students, and staff. The program responded to my vision for creating a high caliber undergraduate research program that would produce publication- worthy results. The Undergraduate Student Advisory Group in EECS (USAGE) strongly influenced the overall structure of the program. The SuperUROP program will provide a jump-start on graduate school, act as a startup accelerator, and be an industry-training bootcamp—all rolled “Our engineering students want a into one. The response from students has been extremely positive. We have 86 students participating this inaugural year, and expect that number will deeper understanding of the topics increase in the future. they care about, and they want to apply SuperUROP students engage in a year-long research experience and participate in a course titled “Preparation for Undergraduate Research,” which covers a range of subjects, from selecting projects and research this knowledge in a way that will lead topics in EECS to entrepreneurship and ethics in engineering. -
Chapter 2 Hon Hai/Foxconn: Which Way Forward ?
Chapter 2 Hon Hai/Foxconn: which way forward ? Gijsbert van Liemt 1 1. Introduction Hon Hai/Foxconn, the world's leading contract manufacturer, assembles consumer electronics products for well-known brand-names. It is also a supplier of parts and components and has strategic alliances with many other such suppliers. Despite its size (over a million employees; ranked 32 in the Fortune Global 500) and client base (Apple, HP, Sony, Nokia), remarkably little information is publicly available on the company. The company does not seek the limelight, a trait that it shares with many others operating in this industry. Quoted on the Taiwan stock exchange, Hon Hai Precision Industry (HHPI) functions as an ‘anchor company’ for a conglomerate of companies. 2 As the case may be, HHPI is the sole, the majority or a minority shareholder in these companies and has full, partial or no control at all. Many subsidiaries use the trade name Foxconn and that is why this chapter refers to the company as Hon Hai/Foxconn. Among its many subsidiaries and affiliates are Ambit Microsystems, Cybermart, FIH Mobile, Fu Taihua Industrial, Hong Fujin Precision and Premier Image. After a near hundredfold increase in sales in the first decade of this century Hon Hai/Foxconn's sales growth slowed down drastically. The company is facing several challenges: slowing demand growth in its core (electronics) business; a weakening link with Apple, its main customer; rising labour costs and a more assertive labour force in China, its main production location; and pressure from its shareholders. 1. Copyright 2015 Gijsbert van Liemt. -
Independent Accountants' Review Report
(English Translation of Financial Report Originally Issued In Chinese) QUANTA COMPUTER INC. FINANCIAL STATEMENTS JUNE 30, 2012 AND 2011 (WITH INDEPENDENT AUDITORS’ REPORT THEREON) Address: No. 188 Wen Hwa 2nd Rd., Kuei Shan Hsiang , Tao Yuan Shien, Taiwan Telephone: 886-3-327-2345 - 1 - WorldReginfo - ff7f59af-5a34-4c96-b8cd-29c8690ed675 TABLE OF CONTENTS Contents Page Cover Page 1 Table of Contents 2 Independent Auditor’s Report 3 Balance Sheets 4 Statements of Income 5 Statements of Changes in Stockholders’ Equity 6 Statements of Cash Flows 7 Notes to Financial Statements 8-48 - 2 - WorldReginfo - ff7f59af-5a34-4c96-b8cd-29c8690ed675 (English Translation of Financial Report Originally Issued In Chinese) Independent Auditors’ Report To the Board of Directors and Shareholders of Quanta Computer Inc.: We have audited the accompanying balance sheets of Quanta Computer Inc. (the Company) as of June 30, 2012 and 2011, and the related statements of income, changes in stockholders’ equity, and cash flows for the six months then ended. These financial statements are the responsibility of the Company’s management. Our responsibility is to express an opinion on these financial statements based on our audits. Except as described in the following paragraph, we conducted our audits in accordance with “Rules Governing Auditing and Certification of Financial Statements by Certified Public Accountants” and auditing standards generally accepted in the Republic of China. Those regulations and standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. -
2019 Annual Report
Stock Code:4953 Wistron Information Technology and Services Corp. 2019 Annual Report Taiwan Stock Exchange Market Observation Post System: http://emops.twse.com.tw Wistron ITS annual report is available at http://www.wistronits.com Publication Date May 14, 2020 1. Name, Title and Contact Information for Company’s Spokesperson Spokesperson:Phoebe Chang Title:Vice President Tel:(02)7745-8888 E-mail:[email protected] Acting Spokesperson:Maggie Lee Title:Manager Tel:(02)7745-8888 E-mail:[email protected] 2. Address and Telephone Number of Company’s Registered Office and Headquarters Address:32F., No. 93, Sec. 1, Xintai 5th Rd., Xizhi Dist., New Taipei City 22175, Taiwan, R.O.C. Tel:(02)7745-8888 3. The Address and Contact information of Stock Transfer Agent Name:KGI Securities Address:5F, No.2, Sec.1, Chongqing S. Road, Taipei Website:htto://www.kgi.com.tw Tel:(02)2389-2999 4. The Address and Contact information of Independent Auditors in 2019 Name:Chen, Ya-Ling and Huang, Ming-Hung at KPMG Address:68F, TAIPEI 101 TOWER, No.7, Sec.5, Xinyi Road, Taipei, 110, Taiwan, R.O.C. Website:www.kpmg.com.tw Tel:(02)8101-6666 5. For more information about Wistron GDRs: None 6. For more information about Wistron: http://www.wistronits.com INDEX 1. Letter to Shareholders ........................................................................................................ 1 2. Wistron Information Technology and Services Corp. Introduction ................................... 4 3. Corporate Governance Report 3.1 Organization ................................................................................................................... 7 3.2 Directors, Supervisors and Management Team .............................................................. 11 3.3 Status of Corporate Governance .................................................................................. 21 3.4 Information Regarding the Company’s Independent Auditors ................................... -
Electronic Manufacturing Services
August 2019 Electronic Manufacturing Services Inside: . Developments . M&A activity . Valuation . About Clearwater International . International team and contacts clearwaterinternational.com Executive summary Executive summary of Clearwater Transaction the EMS and ODM International’s highlights in the industry transaction highlight global EMS sector . CapitalWorks has acquired The European EMS market grew to in CapitalWorks has agreed to acquire Libra Industries. Libra excess of €31bn in 2018 with an Libra Industries. Libra Industries, Inc. Industries, Inc. is a full-service expected annual growth of is a full-service solutions provider of solutions provider of c. 3% until 2022. Main growth drivers engineered printed circuit board engineered printed circuit include continued digitalisation, assemblies, electromechanical board assemblies, Internet of Things (IoT), electrification assemblies and electronic control electromechanical assemblies and the expansion/roll-out of solutions. and electronic control communication networks. solutions. As a leading EMS contract Increasing competition combined with manufacturer serving the medical, . BB Electronics A/S, one of market consolidation continues to aerospace & defence, and industrial Scandinavia’s leading service increase price pressure. This is markets, Libra will complement companies in the field of leading to the movement of production another CapitalWorks portfolio electronics production, has of low and medium volume/high mix company, GEMCITY Engineering and acquired Czech company electronic assembly from Western Manufacturing. GEMCITY is a contract Wendell Electronics, with 130 European countries. manufacturer providing employees and revenues in comprehensive manufacturing 2018 of €12.5m. Valuation level of EMS services for complex equipment used . PRIMEPULSE SE has in the aerospace & defence, medical, acquired ETL Elektrotechnik players worldwide packaging, and industrial markets. -
The Electronic Manufacturing Service (EMS) Industry in 2014
The Electronic Manufacturing Service Ericsson, routers for Cisco, and printers for HP. Cal- 1 (EMS) Industry in 2014 Comp Electronics (based in Thailand) produces components for HP printers and other products. Celestica (based in Canada, where it was spun off by IBM in 1994), meanwhile, produces sub-assemblies for Cisco’s internet and intranet devices, as well as products for customers such as HP, IBM, and NEC (until 2012, Celestica also was one of the producers of the Blackberry smartphone, for which Foxconn is now taking the lead in design and assembly). Each of these EMS providers has plants around the world, well beyond their home countries. EMS are similar to ODMs (Original Design Manufacturers), with a key difference that EMS providers traditionally did not take ownership of intellectual property, while ODM firms (many of EMS services at Celestica solar panel lab (Canada) which – such as Pegatron, Compal, Wistron, and Photo: Adrian Wyld/Canadian Press Quanta – originated in Taiwan) often retain at least partial IP ownership of the products they design for an OEM. Hence, ODMs historically were stronger at product design capabilities than most EMS providers. However, the line between the two types of service organizations is rapidly blurring and the same companies can act as both ODM and EMS providers. Pegatron, for instance, is one of the EMS producers of the iPhone, while Foxconn has taken on ODM- type responsibility for Blackberry. The boundaries of the EMS market are dynamic, so that measuring market size is ambiguous. However, an estimate by the “Research and Markets” industry analysts is that total electronics assembly exceeded $1 trillion in 2013 and will grow to about $1.5 trillion iPhone assembly at a Foxxcon facility in China in 2017. -
Zettacom Raises $47.5 Million in Second Round -- Second Round Funding Led by Granite Global Ventures
Contact: Amy Caplan ZettaCom, Inc, (408) 869-7000 [email protected] ZettaCom Raises $47.5 Million in Second Round -- Second Round Funding Led by Granite Global Ventures -- Santa Clara, Calif. – June 19, 2001 – ZettaCom, Inc., a leading supplier of high-performance and configurable optical silicon solutions, announced today that it has successfully completed the closing of its Series B equity round with a total amount of $47.5 million. This substantial round helps position ZettaCom as a significant force in the semiconductor components arena, and brings the total amount of equity financing issued, raised and committed to $58.5 million since the company’s inception in 1999. According to RHK, a leading telecommunications market research firm, the optical silicon market currently represents 15% of total service infrastructure spending. Optical silicon devices will result in a market that will grow to over $12 billion in 2005. ZettaCom’s unique background and product strategy will position it as a leader in this huge emerging market. Over twelve major design wins in the last seven months validate ZettaCom’s claim to leadership in this space. The company’s recent infusion of funds will accelerate the build-out of ZettaCom’s specialized communication ICs (integrated circuits), expansion of its national operations, further development initiatives, and continued growth of the company’s highly skilled, professional teams. The Series B investors include: Granite Global Ventures, Venrock Associates, Norwest Venture Partners, J. & W. Seligman & Co., Development Bank of Singapore, JPMorgan Partners (NYSE:JPM), k1 Ventures, Vertex Management, Crimson Ventures, Infineon Ventures, U.S. Bancorp Piper Jaffray (NYSE:USB), SG Cowen Ventures Fund, Banc of America Securities LLC (NYSE:BAC), and United Investments. -
[email protected] Howard Chen(SBN257393)
Case3:10-cv-04458-EMC Document36 Filed05/27/11 Page1 of 13 1 Howard Chen (SBN 257393) [email protected] 2 Harold H. Davis, Jr. (SBN 235552) [email protected] 3 Rachel Davidson (SBN 215517) [email protected] 4 K&L GATES LLP Four Embarcadero Center, Suite 1200 5 San Francisco, California 94111 Telephone: 415.882.8200 6 Facsimile: 415.882.8220 7 Jeffrey M. Ratinoff (SBN 197241) [email protected] 8 K&L GATES LLP 630 Hansen Way 9 Palo Alto, CA 94304 Telephone: (650) 798-6700 10 Facsimile: (650) 798-6701 11 Attorneys for Plaintiffs WISTRON CORPORATION, WISTRON 12 INFOCOMM (TEXAS) CORPORATION, WISTRON INFOCOMM TECHNOLOGY 13 (AMERICA) CORPORATION, AOPEN INCORPORATED AND 14 AOPEN AMERICA INCORPORATED 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 WISTRON CORPORATION; WISTRON Case No. 3:10-CV-04458-EMC 19 INFOCOMM (TEXAS) CORPORATION; and WISTRON INFOCOMM TECHNOLOGY SECOND AMENDED COMPLAINT FOR 20 (AMERICA) CORPORATION; AOPEN DECLARATORY JUDGMENT OF NON- INCORPORATED and AOPEN AMERICA INFRINGEMENT AND INVALIDITY OF 21 INCORPORATED; U.S. PATENT NOS. 5,983,002; 6,401,222; 6,687,858; 7,251,752; 7,069,475; 7,409,601; 22 Plaintiffs, 6,691,181; 7,249,203; 7,472,207; 6,842,802; 7,366,804; AND 7,653,766 23 vs. 24 PHILLIP M. ADAMS & ASSOCIATES, LLC; AFTG-TG LLC; and PHILLIP M. ADAMS, 25 Defendants. 26 27 28 Second Amended Complaint for Declaratory Judgment of Non-Infringement and Invalidity Case No. 3:10-cv-04458-EMC Case3:10-cv-04458-EMC Document36 Filed05/27/11 Page2 of 13 1 1.