28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
Attorneys forPlaintiff * Fax: 312.589.6378 Tel: 312.589.6370 Chicago, Illinois 60654 350 NorthLaSalle Street, Suite 1300 E [email protected] Amir [email protected] Alexander T.H.Nguyen* [email protected] Balabanian S. Rafey Fax: 415.776.8047 Tel: 415.994.9930 San Francisco, California 94115 1934 Divisadero Street E s Samuel Lasser M. (SBN lasser@ Delaware INC. DEVICES, MICRO ADVANCED allbehalf of others similarly situated, DICKEY TONY Pro hac vice DELSON DELSON C.
Missaghi Case 5:15-cv-04922Document1Filed10/26/15Pageof30 edelson. PC PC v.
corporation,
admission to be sought
com * , individually and on
FOR THE NORTHERN DISTRICT OF CALIFORNIA FOR DISTRICT THE NORTHERN *
and the Putative Class
Defendant Plaintiff,
IN THE IN
–
252754)
UNITED STATES DISTRICT COURT DISTRICT STATES UNITED .
SAN
, a JOSE
3. CLASS ACTION CLASS TRIAL FOR JURY DEMAND 7. 6. 5. 4. 2. 1. FOR:COMPLAINT Case No.
DIVISION §§ &Prof. ofCal.Bus. Code Violations Unjust Enrichment. Unjust Negligent Misrepresentation; Breach of Fraudulent Inducement; §§ &Prof. ofCal.Bus. Code Violations §§1750 ofCal.Civ.Code Violations
17500, 17200,
et seq et seq. Express Warranties;
.; ;
and
et seq. ;
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C A computer transistors thatof processdata and control other device 1 ______tasks. consumers that A can de simultaneously and independently independently other from core in a multicore CPU began makingwith CPUs which, andtowards aMHz GHz newmetric called a “core.” a were emphasizing computers. conducted byh experiences, and, asto all other matters, uponinformation and belief, including investigation Complaint, on (“Complaint”)
nd Gigahertz (“GHz”)
LASS ct of 1934 MD fective process,the its continue performing at rapid speed compared against each other based
’s advertising’s hashighlighted A deceptive marketing of like Plaintiff Plaintiff A CPU isan integrated CPU A circuit which “ 3. 2. 1. CTION Case 5:15-cv-04922Document1Filed10/26/15Page2of30
.” AMD, .” AMD, , 4 C early alleges uponpersonal knowledge asfollows asto h key ompeting C
(“ OMPLAINT AMD’s More recently, though, twomajor companies isone of AMD that against is multiple cores in a single CPU Tony Dickey AMD
CPU CPU specificationsCPU in its marketing and advertisements. many For years, CPUs attorneys 10 -
other K s, perform s,
Defendant
10 recent ) against
.
Annual Report Pursuantto Section 15(d)of 13or the is able to operate (
- cores two or K”) .
core
certain of marketing (“Plaintiff” or“ (“Plaintiff” , true and accurate excerpts which are of attached hereto asExhibit A. rival .
s cans handle other calculations that orprocessesso the computer s An
more core
Advanced Micro Devices, one calculation at a time. . NATURE OF THE NATURE Therefore, i
t eight Intel he cores number in its of both and manufacturers Intel) (AMD . its
reflects
on - Corporation core then, CPU, can eight perform calculations central processing units (“ e.g. s their
on
Dickey generally millions hundreds of or consistsof
allow consumers to , perform calculations, perform and execute instructions) f one coref
one its shifting “clock” speeds 2
physical chip, ”) A coreA isan independent processing unit, , AMD battles consumer, AMD sales for by
s brings this class action complaint ACTION
in the system, acting asthe ‘brain’ design and produce is
T
focus to focus bogged with down a complex or Inc., o increase performance, manufacturers CPUs CPUs im
(
in units of Megahertzin units of (“MHz”) (“AMD” self and h self
creating perform severalperform simultaneous and selling multicore CPUs CPUs c onsistently convey
”) or “Defendant” is “multicore” Each CPUs. ha
.
CPUs own actsown and Plaintiff, for his for Plaintiff, S ve ecurities
moved away from 1
for personal for E
xchange )
billions of the of . based ed to
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C 2 ______throughout doesbusiness theAMD United States and the State California, of including in this principal place located business of at those deceivedfor into purchasing th continuing to misrepresent the specifications of eight calculations simultaneously) to t accurate specifications regarding expertise to understand the and independently from suffer cores combin Notably, chips buying its before. wereprocessors the pin introduction the of ens of t ens of
LASS what . to make one module
A In fact
ing 5. 4. See infra 9. 8. 7. 6. CTION Central marketing to AMD’s that was AMD housands of consumers have of beenhousands misled into buying Bulldozer that CPUs donot conform Case 5:15-cv-04922Document1Filed10/26/15Page3of30 AMD
Bulldozer processors what left was material performance , C the advertised OMPLAINT Defendant Plaintiff Accordingly, Average consumers in the market computer lack for CPUs the requisite technical In claiming that its Bulldozer had “8 CPU W built note ith Bulldozer chip
as claimed “world
the launch its “Bulldozer” AMD of line CPUs, of the Bulldozer processors 8.
nacle performance of and that consumers could multitask Tony Dickey
, and cannot the perform waya true eight corewould CPU to make a single Advanced Micro Devices, Inc., ’ ,
s first 8core first CPU s design they this putative class action lawsuit seeks(i) to prevent Defendant from .
by overstating no longer independently work s
its CPUs. Becauseits CPUs.
degradation . functionally of Defendant’s Defendant’s of
e products under pretenses. false One AMD Place One AMD is a
natural personand citizen “module.” But byremoving PARTIES .”
the by and cannot perform
2 have the cores number of
its AMD statedAMD
stripping 3 Bulldozer had CPU processors,
Bulldozer
only AMD ,
P
. - O four cores,” is away components from did not .
a
B - t
based CPUs hat Delaware corporation with its and trust Defendant to convey ox 3453 cores . As a result,. As ,
AMD
with eight convey accurate specifications,
— contained in the of
not “8
, announced and promoted the State of certain
eight
Sunnyvale, 94088. CA tricked instruct - cores eight , and (ii) actual damages AMD’s Bulldozers AMD’s
cores, its Bulldozer components .” ,
consumers into ions simultaneously as advertised
greater than
Alabama two cores
( Bulldozer i.e. , perform , perform
of two of .
.
and the
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C should reference what is“ Exhibit C(stating that “[f] 4 Exhibit B. 3 ______California Use.” of instruction manual that internal substantive the State lawsof California, of United America. States of “ Division. conducts significant California lawsuit occurred, in substantial part, in California. business exceptions under that subsection apply to this action the amount in controversy exceeds $5,000,000,exclusive interests of and co because (i) at least one member the Classisa of citizen astate different of than the Defendant, (ii) District
Terms of Use / Use Terms of
LASS A . 10. A true and accurate copy of AMD’s form “AMD Processor”document trueA isattached and“AMD accurate form AMD’s hereto copy of as trueA and accurate “ AMD’s copy of 15. 14. 13. 12. 11. CTION 4
Case 5:15-cv-04922Document1Filed10/26/15Page4of30 in
, and the
pursuant to California C OMPLAINT AMD’s California law governsthe substantive legal in issues the instant matter. Pursuant to Civil Local Rule 3 Venue isproper This Court haspersonal jurisdiction over The Copyright
advertisements at issuehere were, oninformation and belief, Court hasjurisdiction over this action pursuant§ 1332(d)(2), to 28U.S.C. busi ,
28 U.S.C. §1391( 28 U.S.C.
is conduct at issueher accompanies
ness inness this District. headquartered in California, set forth
” or more
state that INTRADISTRICT ASSIGNMENT INTRADISTRICT in the United States District the Court Northern for District of JURISDICTION
in AMD’s Standard Termin AMD’s and Sales Conditions ...”). of information
every AMD Bulldozerevery AMD processor “ [a] CHOICE OFCHOICE LAW b) because De ny ein also occurred in California
claim relating to the Materials shall be governed bythe Terms of Use / Use CopyrightTerms of
- 2(e), this case shall be assigned to the SanJose
please 4
AND .
and because the events giving rise to t
visit www.amd.com,” and that consumers fendant Defendant VENUE
maintains its headquarters and
because
incorpor ” isattached hereto as .
AMD is AMD Defendant sts, andsts, (iii) the none of ” 3 ates AMD’s “Terms ates AMD’s
Moreover, the
drafted
headquarter
conduct AMD’s
in
and his
s ed
in
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C miles SanFrancisco, California). of (last visited 94101&openAdvancedForm=true&locationType=I&co 5 ______example with Intel) eight speed two calculations simultaneously calculations indepen core,A asit isunderstood in the industry, isa processi theirbyessentiallyof CPUs into joining twoormore one CPUs physical processor(called a “die”). (and then advertise) performance. high CPU’s A advertisements theircould fast a perform onhow single CPUs calculation cal PC Corporation supplier of semiconductor I. disseminated
LASS
culation ( CPU CPU
independent cores, each . A For instance,For advertised a CPU asbeing an 16. and toAMD Introduction An Search | LinkedIn “ 19. 18. 17. CTION , AMD
Case 5:15-cv-04922Document1Filed10/26/15Page5of30 market. …
helped create the consumer expectation the
Oct. 26 i.e. (“Intel”) semiconductor companies are designing and developing multi developing and designing are companies semiconductor
C from California.from
Megahertz OMPLAINT Through its marketing, AMD As Since its AMD CPUs manufacturer , processing one instruction) at a time. such, As
uses theuses common definitiona core of in its investor filings: Early on advertised , 2015) the “cores” numberin of dent other from cores.
. was founded in 1969in founded Sunnyvale,was California andinto hasgrown found in found
inception , www.linkedin.com/vsearch/p?keywords=marketing&postalCode=
, ( MHz personal computer were limited CPUs to performing only a single (showing 92 public profiles of AMD marketing 92publicAMD (showing employees of profiles within 100 with facilities around the world clock speeds 5 performing c personal computers
) and independently
, AMD hasbattled, AMD with Intel over and then Gigahertz FACT
CPU UAL BACKGROU UAL
began to plateau alculations A two A
consistently disseminated Core Technology their
- 5
core then, CPU, can “
and laptops (“PCs”)
CPU
that a 8 (just astwoseparate(just CPUs)
- (GH core
at 3.4 ng unit untryCode=us&distance=100&f_CC=1497 s
. core
z) AMD and IntelAMD increased the core 3.4 GH , CPU , CPU
speeds . gigahertz.
Today, it is ND is an that iscapable performing of AMD and IntelAMD
manufacturers
z
independent we CPU market share of re indicative high of , multitask the
behind
”
, the second is represent
in units of in units of common meaning
- core
only Intel focused focused
at a certain clock — proces began to [CPUs] that is,
the consumer - largest ing that it has “clock” sing unit.
their a global increase , where , perform perform
- count (and, speed For For
.
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C 2015). products/88188/Intel 11 (last visited Oct. 26,2015). http://www.amd.com/en technologies/processors 10 releasedCPU in 2010). Product.aspx?Item=N82E16819103894 Desktop HDZ970FBGMBOX Processor 9 visited Oct. 26,2015)(emphasis added) (describing dual Processor 8 (describing dual smtd&showDetailTechData=1#technical Electronics 7 6 ______or chip). describes the independent number of central processing units in a single computing component (die cross CPUs a defines core asbeingAMD “ cores ona single chip, independent each from other, stating that are itsoffered CPUs … that processing cores,residing onone chip, that calculations perform of ontwodata streams dualprocessor putsthe powerof
LASS
. ” “[w] 8
A
20. task across spread be can tasks [CPUs] die single a on placed are cores processor multiple ARK | Intel® Core™i5 See e AMD Phen AMD Ath AMD AthlonAmazon.com: 64X2 Dual AMD 10 23. 22. 21. CTION ” Case 5:15-cv-04922Document1Filed10/26/15Page6of30 ith dual 11
-
, http://www.amazon.com/gp/product/B000MNA082?ie=UTF8&ref_=de_a_
- [ Newegg.com shopped byconsumers .g., i.e. C OMPLAINT However, Similarly, Intel i And, AMD
, a calculation] - fe ehne oeal ytm efrac ad fiiny eas computing because efficiency and performance system overall enhanced offer - AMD Processors forBusiness AMD Processors - K core AMD CPU released CPU core in AMD 2007). lon 64X2 5200 Brisbane Dual core technology , 4, om IIX4om 970Black Edition Deneb Quad -
n 2010, AMD reinforced then 2010,AMD consumer expectation that cores are processors used Core
supra supra [and]
-
- for
, us/innovations/software since launching
www.newegg.com/Product/Product.aspx?Item=N82E16819103210 - the same definition in 2007whenstated that
i5 - business (emphasis added). deliver - 6600 —
two ormore ona processors single chip - at full speed 6600 Processor (6MCache,6600 Processor upto 3.90 GHz) - AMD’s main competitor,AMD’s and core technology onthe desktop. Dual there aretwo complete coresin one processor physical package
- — two or more processing cores, each of which can execute a execute can which of each cores, processing more or two [] Processor
(last visited Oct. 26,2015); defines adefines core assuchbeing “ industry
(last visited Oct. 26,2015)(describing four - -
its data (last visited Newegg.com . ” “Bulldozer” CPUs
6 - -
6M , -
leading multitasking performance
Core 5600+
- www.amd.com/en Core 2.7GHz SocketCore 2.7GHz AM2 65WADO5200DOBOX - 6 technologies/processors - Cache
, www.newegg.com/Product/ - - core AMD CPU released CPU core in AMD 2007). up Oct. 26 -
Core 3.5GHz SocketCore 3.5GHz AM3 125W - 2.8 GHz Processor, Socket Processor, 2.8 GHz AM2: or in a single processor. Multi processor. single a in or to “[w] effectively the only other brand of - , AMD hasdeceived, AMD consumers by 3_90 Multi , 2015) - us/innovations/software ith the power of four processor ith four the powerof - GHz a hardware term that - .” - its core contain processors Core Processing with AMD 10
- (emphasis added).
then new
for (last visited Oct. 26, , - ark.intel.com/ business/m . ” 9
- Even today,
“ core AMD core AMD Dual
… ” ulticore
- - Core
- core 7
(last and two
,
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C us/components/processors/ecxMicUS861229 13 visited Oct. 26,2015). 12 ______descriptions processors www.amd.com, centered however, the competition high I only complete have four cores. advertising Bulldozers ashaving I LASS
.
(
Figure 1 core A 24. AMD AMD FX 8 AMD FX Processors 26. 25. A. CTION Case 5:15-cv-04922Document1Filed10/26/15Page7of30 on the -
reveals thathasuniformly overstated AMD the cores number in its of processors. count .
For exampleFor
to C ) Falsely Advertises
OMPLAINT (emphasis added.) ( AMD Since launch AMD With it ir prominently include the cores number in of . A close. A inspection the Bulldozer’s of architecture CPU and technical
Figure in isequal a CPU to high AMD advertisesAMD the following number of purportednumber cores of - Core Black Edition FX a makes s Bulldozers product line,aimed AMD to dvertises its Bulldozerhaving as CPUs
3
, , AMD AMD’s AMD’s ing the Bulldozer CPUs
, similar repr http://www.amd
caused the
12 eight cores Its Bulldozer Chips As Having BulldozerAs Its Chips N
ewegg
esentations performance -
.com page 9590 NewEgg.com and Amazon.com
— in each Bulldozer
( (last visited Oct. 26, 2015). .com/en Figure two more than
for its Bulldozerfor chips | Processors 7
, at online retailers’ the webpages for ) AMD’s marketingAMD’s
- 2 (emphasis added.) us/products/processors/ , emphasizing thatmore cores itthan offers )
(emphasis added.)
the title
| the competition , eight
CPU. http://shop.amd.com/en further
Eight for the Bulldozerfor processors “cores.”
For exampleFor
: convince consumers that a
online and onpackaging 14
“Cores.”
13 product page
—
desktop/fx when they really ,
on its website
literature - Bulldozer
(last
, :
has
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C Processor 16 Electroni 15 N82E16819113347 Processor 14 Bulldozer have processors eight cores marketing its Bulldozer copy for processors LASS
A 27. AMD FX AMDAthlonAmazon.com: 64X2 Dual AMD FX 28. CTION Case 5:15-cv-04922Document1Filed10/26/15Page8of30 cs
- - , infra.
Black Edition Black Edition C OMPLAINT AMD ( Beyond webpage titles, provides the AMD same ( Figure Figure - - 9590 Vishera 8 9590 Vishera 8
(last visited Oct. 26,2015). similarly 4 5
, AMD’s Amazon.com, AMD’s page) (emphasis added.) , showing AMD’s representations AMD’s , showing onNewegg.com) (emphasis added.)
- -
Newegg.com Newegg.com ensured that - - Core 4.7GHz SocketCore 4.7GHz AM3+ Desktop 220WFD9590FHHKWOF Core 4.7GHz :
, , supra www.newegg.com/Product/Product.aspx?Item= its marketing at .
For instance,For repeatedly AMD emphasizes that the -
Core 5600+ 2.8 GHz Processor, Socket Processor, Core 5600+ 2.8GHz AM2: Socket AM3+ Desktop 220WFD9590FHHKWOF .
8
brick online retailers - and - mortar s 15
tores
descriptive emphasi
zed the 16
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C packaging, a true and accurate reproduction which isattached of hereto asExhibit E. 18 true and accurate reproduction 17 ______usingthebefore product) broken has Bulldozers’ LASS
“8 cores”“8 onthe product’s packaging A Figure Figure 29. before consumersbefore can CTION Case 5:15-cv-04922Document1Filed10/26/15Page9of30
core C s 8 OMPLAINT Taken together, (emphasis added.) ( added.) ( ( 6 and 7 Figure Figure Figure
is an Bulldozer excerpt FX9590 secondary processor’s taken AMD’s from - count
. For example,. For AMD
7 6 8 are Bulldozer excerpts FX9590 processor’s taken AMD’s from
, the, showing FX , showing , showing . showing productshowing seal and incorporation www.amd.com of See
access the processor( Figure of which isattachedof hereto asExhibit AMD’s AMD’s 18
secondary product seal and incorporation www.amd.com of s
6 marketing – , including 8 - . 9590 Bulldozer’s retail packaging)
prominently displays that
9
and advertisements for
i.e. on two different producton twodifferent seals that must be , con sumers must view the representation D. the FX
the
Bulldozer -
9590 (emphasis added.)
Bulldozer CPU )
(emphasis
packaging, a
)
17
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C computer memory that serves asa a repository processing unit. for “floating points,” ornon 20 were built usingBulldozer module technology. 19 ______(not shared) floating two cores. Bulldozerother, AMD’s modules cannot advertised the componentsof twocores of the same physical a pro AMD two cores, but that that contains twoprocessing units core CPUs trade publications than advertised cores Bulldozer have CPUs processors LASS
eight cessing unit (what once a was singlethat CPU) isindependent other from processing units on
within A adds some 30. B. A floatingA point unit isaprocessorpurpose sub subsequently releasedAMD “Piledriver” and 32. 31. CTION Case 5:15-cv-04922Document1Filed10/26/15Page10of30
. . independent cores —
. As
Figu Wh I nstead its Bulldozer processors. including those appearing C
OMPLAINT A visualA comparison a module of to a core reveals that a module doesnot contain BulldozerThe every foundationAMD of processoris Despite claims, Defendant’s AMD’s AMD ile a result, re —
9 two cores can chip ordie demonstrate
, i
but not all s nots the case because shows AMD - ’s ’s point unit (“FPU”) “8 Bulld they cannot in perform the same wayand at the same speed
- - integer number ( cores
designed a pre ozer . . — A AMD’s decision toAMD’s provide each module with only .” that
- means a module contains of the of technical Bulldozer AMD CPU design.Bulldozer There, CPU a AMD singcore hasa dedicated
simultaneously However, asexplained below, CPUs CPUs . 19
Bulldozers are missing key components compared to true eight its
In its marketing, represents that AMD each module contains
components another from core. Bulldozer on Do NotDo H
20 .
i.e. inspection
a Bulldozer module begins as every packaging processor’s along with L1 and L2 cache. Similarly, , numbers with decimal places). L2 cache isa bank of
process twoinstructions s arounds 10 ave
Bulldozer of “Steamroller” that processors contain and Eight Cores. -
the Bulldozer processors built to calculations perform related to
only one four
CPUs CPUs component AMD hasoverstatedAMD the number of
c
omplete core do not AMD’s As —
a i make clear that the
described ndependently each from - single core, to which sharing
have
“module” technology
and , not twoas eight cores as some Figure 1 “modules”
. above, a core is
a review of
( but not
0
shows shows
rather
all)
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C (last visited Oct. 26, 2015). http://ark.intel.com/products/84984/Intel core.CPU the b for as having cores” “2 but being capable executing of threads,” “4 what it as“ defines as additional “physical cores.” example, For Intel advertises its Hyper than a chip without Hyper two “physical” ( performance process thatfound byadding additional CPUs. 21 ______L1 and L2sets of cache copies of into the standard definitiona core. of And, has With these designs, a current Intel design LASS
its dedicated own cache among andother FPU, components. A Hyper Importantly, Intel doesnot market with Hyper its CPUs In addition to its multi CTION two instructions rather than one Case 5:15-cv-04922Document1Filed10/26/15Page11of30 asic ordered sequence instructions of that can be passedthrough orprocessed bya single
the above cores shown ” See
of of - C Threading isa technology use OMPLAINT L2 ( shared) (
Figure Figure a single core ARK | Intel® Core™i5 i.e.
cache, among other components , actual) cores.
each core can processan instruction independently other from core where a single core has floating 10 9 .
, showing AMD’s Phenom II AMD’s , showing , showing Intel’s, showing Westmere core - Threading. That is,Intel d
. However, Hyper - L1 core processors, Intel offers acore “Hyper Intel processors, offers - Core 1 Core point components toit a CPU, may be possible to cause one core to on one physical processorordie
unit and . Byincluding Hyper - - 5250U Processor (3MCache, Processor 5250U upto 2.70GHz) Core an 8 L2
d byIntel to create virtual core
a dedicated and (not shared) FPU L2 cache, among other components - - i5 Threadi -
core built CPU with these designswill have eight 11 - 5250U )
oes not count Hyper core ng does not offer ng doesnot offer - Processor
with with a - Threading, - Threading ashaving more cores a T ,
separate separate hese processing units and - 3M - Threading” feature onits - Thread enabled Core i5 chips contain and eight FPUs - Cache the same performance as - Intel increased
Threading’s virtual cores
floating s and dedicate . Specifically, engineers - up L1 and L2 cache. . - ) - to a software terma software
point unit and - 2_70 s becauses it , d , then
(non
- GHz
fit -
21
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C 24 .com/reviews/fx 23 discussion and Memory 22 ______[the performancetwocomplete80% of of] cores.” cores” asadvertised cores. also eight cores under the industry standard definition other important core components. then L2 cache, and other shared sub resource isfree one are not really cores common LASS
module , taken
ha A One Id. Per Intel AMD,Architectural & FarAhead How Intel Discussion, Is ? 34. 33. CTION s eights module processing units Case 5:15-cv-04922Document1Filed10/26/15Page12of30 components. As such, AMD’s components. such,AMD’s As
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note - how industry Core Performance processing unit - C
Linus TechLinus Tips OMPLAINT
T But as (emphasis 0”as “Core and 1” “Core and sharing a single floating point unit and L2 cache) (
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zambezi The publication 11
trade publications added, - , showing a, showing Bulldozer module with twomodule processing units marked is
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co bulldozer http://linustechtips.com/main/topic/48571
reveals , AMD Bulldozer Review: FX showing sharedshowing components.) AMD’s AMD’s mponents.
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a floating point calculation “estimated that a Bulldozer module could , AMD , AMD
but only four FPUs, four sets of L2 cache, setsof setsof four and four FPUs, but only four advertised - Bulldozer 990fx,3043 AMD’s BulldozerAMD’s “the Bulldozer module doesn’t inco the “eight core” AMD (
i.e.
A BulldozerA advertised CPU ashaving “eight c designed
, publications not read byaverage consumers) 12 . 24
“cores” are not independent each from other
, creating a bottleneck. The same the istrue for module
- 3 .html (last visited its
mod processing units share - module 8150 GetsTested
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must wait until that CPUs, Motherboards, Motherboards, CPUs, CPU doesnot haveCPU rporate twocomplete , www.tomshardware - amd [at most] , 2015) a single - architectural and share .
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and . I
- f
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C i3 http://www.anandtech.com/show/4083/the 30 visited Oct. 26,2015). http://www.amd.com/en 29 28 27 v=4EAuVsXWQ0s 26 25 ______bests specifications competing chip processor share resources than a core. CPU “everything necessary to schedule a code onthese processors when compared to existing cores Bulldozer equal to twocores. to two cores Hyper [Hyper Wi LASS
-
an 2100 ndows operatingndows system),
with four moduleswith four Intel Intel oncore components A - 35. The Sandy Bridge Review: Intel Corei7 AMD, The Bulldozer Review: AMDFX Id. AMD, Id. 38. 37. C 36. CTION Threading inthefuture. - - Case 5:15-cv-04922Document1Filed10/26/15Page13of30 Threading] tested . 28 ,
design.
c (emphasis in original). but
ore a s beings the “ C suggest
Unlock Record Your Setting AMDFX SeriesToday Processor Topology “Bulldozer” Processor only two OMPLAINT When it released was in 2011, engineer theAs AMD put it: Bulldozer module Misrepresenting Core aCPU’s In fact, The publication went onto state that, a
(last visited Oct. 26, 2015).
with at the time 26
- creates a performance count
I In the video, (last visited Oct. 26,2015).
n 2013, AMD releasedn 2013,AMD a
“hyper than physicalcores, than so , the c I
when not n
module processing units (which are not the same) -
really only . As such,consumers . As practice, us/press first was - ompeting chips operate threading” technology, “ - ever eight modules haveperformancemodules characteristics more similar to its marketing acknowledge to consumers, AMD
the engineer -
” and releases/Pages/unlock AMD’s choiceAMD’s to design the Bulldozer module processorunits to 25 four core Intelfour Core i7 has four has four
That isto say, that - - 8150 Tested bottleneck core desktop processor
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ridge
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at the same as compared wi to CPUs that - ccording
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z that an “8 core”an “8 Bulldozer
engineer th - and FX i7
- (the developer the of 24 actual , 2011oct12.aspx - s thats a module isnot a 2600k ( - - c . 10/
2100 Tested 8150 Bulldozer module share more ompar .
additional sharing” 29 AMD 12/2011)
s
Intel cores
z describing - . i5 30 ed
- , have ’s ’s As theseAs did not have 2500k seemingly
. a module
,
(last
-
core the
-
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C an upgrade “ 2015) (stating that in some instances, “ http://www.anandtech.com/print/4955/the Oct. 26, 2015); http://www.tomshardware.com/reviews/fx 33 32 31 ______expertise to shared components. A 6 own than AMD 2600K. 8150 Bulldozer processor Bulldozer a truebe for eight Bulldozer does would be expected wouldbe twice CPU asIntel’s that asfast AMD’s as the better because offering it offe the improvement over the previous generation LASS
A - core isthat CPU it does 31 39. Per Id. Id. 40. CTION Case 5:15-cv-04922Document1Filed10/26/15Page14of30
In fact, the review
processor compared against
’s older’s 6 .”) -
Core Performance understand C
OMPLAINT The reason AMD’s “8 The reason AMD’s pre complete a ( instance,For
not see also Figure - - core CPU
Bulldozer chip, the II” “Phenom at 1:35 minutes. contain eight cores, - core verage consumers 13 the underlying
The Bulldozer Review: AMDFX processor. , showing AMD’s Bulldozer “AMD FX Bulldozer AMD’s “AMD , showing is task, markedly slowerthan Intel er . Figure 96% slowert
discovered that the new“
- not
AMD Bulldozer Review: FX
have 13 rs doublers the cores number at of the same speeds 32 -
core” Bulldozer slowerthan was Intel’s 4
is a design Bulldozer simply doesnot only four modules,only and four its performance
“
Intel’s processors in the market a CPU for a chart a from 8 ha - - bulldozer - 8150 cores, n the 4
of
[AMD six [AMD
- the Bulldozer 14 zambezi ”
- but
core - review only representative 8
(with H - - - 8150 Tested core” Bulldozer chip was -
bulldozer ’ (lower isbetter) core CPU] s - eight amd - “ 8150 GetsTested Core i7 processors yper
-
lack the requisite technical fx8150 module processing units with perform - 8150,” taking 2:03 minutes to - ) 990fx,3043 - 33 . But asdescribed above, the
” T simply is technical review of -
hreading)
at 1:09 minutes and AMD’s Print View - . Instead, average tested ,” and even in other cases, . There, , n
- is lessthan it - (last visited Oct. 26, core and its CPU ’ 6.html t enough to justify Intel , the
often often —
Core i7 “8
therefore it ( last visited - slow core”
a
would - er
FX
-
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C with theCPU same clock speed but with eight cores. four each described that the mail that FX perfo industry’ Newegg.com AMD claiming that the core[s].” that the FX representationssaw I processors consumers havethousands of been deceived byAM with eight cores its representations of falsehood at the time sale of consumers II LASS . -
9590 Bulldozer onNewegg.com processors AMD . Instead, but rmance with
A and provided 41. 45. 44. 43. 42. Plaintiff CTION FX Case 5:15-cv-04922Document1Filed10/26/15Page15of30
prior to opening and usingthe product s first and only first natives 8 above
created for believing representations AMD’s about its core - - As a result, Plaintiff’s AMD FX a result,AMD As Plaintiff’s trust 9590 9590 Bulldozer chip “the first was C
that they OMPLAINT Plaintiff thenPlaintiff viewingAfter the representations, Plaintiff MarchOn 10, a And
, the AMD by Dickey’s Experience Wi Bulldozer
Bulldozer the FX ‘Bulldozer’
each only
advertising by identical to lthough FX
the
to convey it then navigated towhere www.Newegg.com he
- 9590 Bulldozer - to Ne processors’ processors’ 9590 processor was anwas “8
began FX using the AMD AMD knewthatAMD average consumers contained 2015,
architecture wegg.com. inflat Bulldozer was those -
accurate specifications in its marketing. core unmatched desktop processorfor multitasking
Plaintiff navigatedwebsite,Plaintiff Plaintiff AMD’s toOn AMD.com. ed packaging in - had core” processor
c four Figures ore processor , “8 cores“8 th H th Specifically, ” -
- 9590 Bulldozer processor identical Bulldozer counts of i counts of
the true native 8 . Specifically, read Plaintiff is
for $299.99 for 1 and 2 when he received the FX 15
FX , AMD misled, AMD consumersdesired who
and onMarch 10,2015, “ . s ” first nativefirst 8 cores.
D’s marketingD’s and purchased Bulldozer
Plaintiff purchasedPlaintiff - The representations hewere saw created by 9590 Processor to
, - - “modules,” which at best could constitute ts Bulldozer CPUs. As ats Bulldozerresult As CPUs. 9590 Bulldozer processor Plaintiff saw saw Plaintiff as shown in as shown
core desktop processor” and had “8 . Specifically, representations saw Plaintiff the representations in
- count to be true. . Plaintiff - core desktop processor were Figure representations
. s then
saw unable to discern the did not aswell perform asa did not have eight cores
- Plaintiff purchasedPlaintiff two
9590 s read the representations AMD’s
AMD’s 6
– Figures 3and 5 8
. processors s
.
However, as representations representations on and pure core ,
tens of ” and “the
a processor
- in the .
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C d Bulldozer Processors representations and specifications. the As representations built in Exhibit AMD all the show, F of (“Bulldozer are Processors”) attached hereto asExhibit emphasis F, substantially showing similar 8120, FX 35 visited Oct. 26,2015). http://www.forbes.com/s 34 ______individuals defined asfollows Procedure 23(b)(2)and Rule 23(b)(3) advertisements. falsely marketing will itshave CPUs anonthe leading effect market CPUs, to for priced commensurate consider effect computers Defendant an injunction requiring misrepresentations money in thepaid of form to purchase the less for without them, more cores than core iffer iffer LASS
- count ively left with noother option A with regards to price, clock speed and (GHz), other non 46. True and accurate the copies online of advertising and on Kay, Roger, and Bulldozer individ All 49. 48. 47. CTION them Case 5:15-cv-04922Document1Filed10/26/15Page16of30 purchas - 8150, .
AMD 34 in choosing to purchase that FX
. As such, Plaintiff will such,Plaintiff beAs exposed to C
Plaintiff Plaintiff - OMPLAINT Class Definition: Class islikelyPlaintiff to Accordingly, Plaintiff 9590
FX Intel’s competing processors. ing
is one of processors: as n the in uals -
Intel v. AMD:TheJuggernaut Vs. TheSquid, 8320, AMD’s AMD’s . 35 ly around th
would
AMD
reasonably relied upon with
ites/rogerkay/2014/11/25/intel
only twomajor companies that provide FX Plaintiff has suffered damages asthe hassuffered Plaintiff result of Bulldozer chips their
to truthfully advertise - : either FX 8350, e same “Bulldozer Microarchitecture,”
ntd tts ht purchased that States United
Plaintiff
- true value. 10 FX 8120, consider
but to purchase products from have CLASS FX
on behalf of h on behalf of particular processor - 8370,
not brings this action purcha -
in the if future 8150, ALLEGATIONS Moreover, an injunction requiringto stop AMD purchased the Those representations were material to hispurchase: AMD’s FX
16 AMD’s - sing AMD’s 9370, and
FX im its
self and self
- - processor exp and 8320,
deceptive marketing in the and future ress representationsress about
- — FX pursuant to they amd - FX FX namely, material ornot FX
a -
processors any of the following following the of any 9590
- -
C - - were accurately advertised and specifications the box representations the FX for 9590 - 9590 Forbes.com 25,2014), (Nov. processors lass 8350, AMD -
juggernaut chips meaning the only processors that the
of similarlyof situated Bu Bulldozer processor Federal Civil Rule of
or Intel FX lldozer processors
AMD’s
in the and future requires or -
- 8370, for consumer personalfor at he FX going forward - - . issue features. vs
would have paid Plaintiff would Plaintiff - f
9590 ew - the FX the e - r - squid/
AMD
9370, misleadin had FX
s - . two
9590
. (last See - is g
’ s
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C UNUSU9OX1BBR0UmZXhwPSZzdWJzaWQ9NTc%3D mNvbS9maW http://ir.amd.com/mobile.view?c= - based onthe ‘ processors: “ unit isnot equal to a core. same way p way. FX also thequestions Classinclude for but are not limited to the following: predominate over any questions that may individual affect members the Class.Common of common to the claims Plaintiff of Defendant’s li available to Plaintiff counsel; and (6)the finally adjudicated onthe merits orotherwise released; (5)Plai timely exclusion request the for claims from Class; whose (4)persons in this matter have been current employees, orformer and directors; officers predecessors, and an action and members o The people following are excluded the from Class: (1)any JudgeorMagistrate presiding over this
roduct details, and onthe box.Moreover, kely consists of kely consistsof SEC Filing LASS - Series.html
AMD FX Marketing for A In addition, in andFigurethe asshown F, Bulldozer Processors 51. 50. CTION Case 5:15-cv-04922Document1Filed10/26/15Page17of30 :
AMD countedAMD each module as two cores even though , or Our CPUs for desktopplatforms the also PC consist following: for of CPUs Our C - Bulldozer x Series microprocessor familySeries microprocessor OMPLAINT c b a) PredominanceCommonality and Numerosity
its pbmcueG1sP2lwYWdlPTg3NDQwODgmRFNFUT0xJlNFUT04JlNRREVTQz1TR (last ) )
tens of tens of
agents’
e
legal representatives, any suchexcluded andof successors, assigns persons
y entity in which the Defendant visited Oct. 26,2015). at this time, but individual joinder in this case isimpracticable. The Class ach contains the core f theirf families; (2)Defendant, Defendant Whether Whether Bulldozer Pro W ’ and ‘
hether thousands of individuals.thousands of Classmembers can be easily identified through
records And, i And, : The exact members numberthe and of Class isunknown not of Piledriver Defendant’s Defendant’s Defendant’s Defendant n
. 74093&v=202&d=3&id= and the other members the Class,and of those questions
one cessors; of its Form10 of ’
x86 multi -
intentionally count within the product name, product description, AMD overstatedAMD the core
,
conduct described herein constitutes a violation of conduct described herein willful; was
http://www.cpu 17 :
-
There are many law and questions fact of
core architecture
(3) persons who properly who (3) persons execute and file a or - Ks, AMD states the AMD about following Ks, its FX its misreprese
parents have a controlling interest and its (last visited Oct. 26,2015). aHR0cDovL2FwaS50ZW5rd2l6YXJkL - world.com/CPUs/Bulldozer/TYPE ntiff’s counsel and Defendant ntiff’s ’ s
a subsidiaries, parents, successors,
nted
Bulldozer module processing -
count …
we the core
.” re marketed in the same
Advanced Micro Devices for eachfor processorin the
AMD FX processor FX AMD - count of itscount of
’ s
.
- s
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C conduct toward the members the Classand of making final injunctive relief appropriate with respect Class, thereby requi certification because other members the Class of have the resources toNeither doso. nor Plaintiff committed to vigorously prosecuting this action the onbehalfmembers of the Class,and of the Class experienced in complex litigation and class actions. Plaintiff represent and protect the interests the Class,and of conduct during transactions withand Plaintiff the Class. andClass. Plaintiff the Classsustained damages asa result of LASS A 54. 53. 52. CTION Case 5:15-cv-04922Document1Filed10/26/15Page18of30 , and
C Defendant OMPLAINT Policies Generally Applicable to theClass Representation Adequate Typicality i h) g f e d ) ) ) ) )
ring the Court’s imposition relief uniform to ensure of compatible standards of Defendant Whether misrepresentation; Whether Defenda express warranty Whether i Whether False Whether Unfair W seq. California’s ConsumersLegal Remedies Act (Ca nducement;
hether
has : ); Plaintiff’s claimsPlaintiff’s are typical the claims of the other of members the of .
Advertising Code Law §§17500, (Cal. & Bus. Prof.
no defenses uniqueno defenses to Plaintiff. Competition Code Law §§17200, (Cal. & Bus. Prof.
Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s has
acted to act orrefused generally ongrounds applicable to the ; nt’s conduct described herein constitutes negligent
and :
Plainti conduct described herein constitutes a breach of conduc conduct described herein constitutes a violation the of conduct described herein constitutes a violation the of conduct hascaused them to be enriched. unjustly
,
18 his ff
he has t described herein constitutes in the fraud has and counsel
retained counsel competent and :
will This class action isappropriate for
has has Plaintiff andPlaintiff Defendant’s Defendant’s
any intere no interests antagonistic to those of continue to l . Civ. Code. § his st adverse the to those of uniform wrongful wrongful uniform
fairly and adequately counsel are et seq et seq. § .
); 1750
)
;
they ,
et
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C have resulted, in the orservices goods sale to consumers of conduct asdescribed herein because it extends to transactions that are intended to result, orwhich herein Definition ensured court. Econ the single benefitsadjudication, of economy scale, of and comprehensive supervision bya single this Complaint. Bycontrast, a class action management fewer presents far difficulties and provides the delay and expense to all parties due to the compl litigation, it wouldnot be preferable to a class action because individual litigation wouldincrease relief from Thus, it wouldbe virtually impossible the individual for members the Classto of obtain effe individual prosecution the complex of litigation necessitated by individual members t of controversy all and joinder of members the Classisimpracticable. of The bythe damages suffered proceedings are superior to all other available the methods and fair for efficient adjudication this of respect to the Class Class uniformly and Plaintiff to the Classasa whole. LASS A .
55. 60. 59. 58. 57. 56. CTION . Case 5:15-cv-04922Document1Filed10/26/15Page19of30
” based learned onfacts
Defendant’s Defendant’s omies of time,omies and expense of effort, will be anddecisions fostered uniformity will of be C OMPLAINT Plaintiff andPlaintiff each member the Class are of “consumers” as defined byCal. Civ. Defendant The Consumers Legal Remedies Act applies (“CLRA”) to Plaintiff reservePlaintiff Superiority
as a whole, not orlaw onfacts applicable only to Plaintiff
incorporates byreference the allegations foregoing he Classwill likely be small relative to the burden and expense of Defendant’s Defendant’s
misconduct. Even members the if Classcould of sustain suchindividual Violation of Violation
is a “ :
This class action is ’s (On Behalf ofPlaintiff theClass) and
s person challenge these policies of hinges on
the right to revise theAll “Class foregoing Cal. FIRST CAUSE OF ACTION CAUSE FIRST through additional investigation and policies challenged herein apply and ” asdefined byCal. Civ. Code §1761(c). the Civ. Code § Civ. Code Consumers Legal RemediesConsumers Act
also 19
§ ex legal and factual controversies presented in appropriate f
1750 , . et seq
Defendant’s Defendant’s . or certification because class
Defendant’s Defendant’s
in Defendant’s Defendant’s affect discovery
egations” and “Class as if fully set forth set fully forth as if
wrongful conduct.wrongful .
the conduct with
. members the of
actions and
ctive
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C Bulldozer Defendant the processors substantial the portion purchasing of public. respects: cores Defendant’s Plaintiff detriment and Plaintiff the Class. of competition,methods of and/or acts unfair asdefined byCal. Civ. Code §§1750 § 1761(a). Code §1761(a). LASS Bulldozer Pro .
A
62. 61. 67. 66. 65. 64. 63. CTION
Case 5:15-cv-04922Document1Filed10/26/15Page20of30
and the Classbyrepresenting that the
modules were not equivalent to twocores asadvertised
possessed with the advertised representations were C OMPLAINT Once Defendant Defendant’s c. b. a. Specifically, Defendant describedAs herein Defendant’s
cessors
Defendant techn intent not to sell In violation §1770( of a particularof standard, quality, which orgrade of In violation §1770( of have; characteristics, ingredients, In violation §1770( of
, acting with knowledge, intentionally had twice the cores number that of they actually had knew that ical materials unfair ordeceptiveunfair acts orpractices were capable deceiving of a Bulldozer Pro
Defendant specifications
made specific public representations regarding the false becausefalse the ,
Defendant it
was
violated Cal. Civ. Code §1750in at least the following its and
cessors goods asadvertised.goods
unable orunwilling to manufacture
9) 7) 5) documentation at the time that
Bulldozer Pro has , , , by by by 20
are within “goods” the meaning Cal. Civ. of Code uses, benefits, orquantitiesuses, which
engaged in deceptive practices, unlawful
advertising the representing that the representing that the Bulldozer Pro
and would have that known it cessors
made representations claiming that and unlawfully br cessors cessors .
Bulldozer Pro
had Bulldozer Pro Bulldozer Pro “8 they are have only - core . , d
Specifically, s istribute, cessors et seq.
” ought harm upon not; and
specifications when in fact four they cessors cessors , to the
complete with the the
did not
and sell
were had
of of
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C processors Defendant’s were reasonable under the circumstances. processors equal to what to purchase the that a re including that the material and facts breached processors inability orunwillingness to manufacture the LASS Bulldozer Pro A 72. 71. 70. 69. 68. CTION asonable consumer Case 5:15-cv-04922Document1Filed10/26/15Page21of30
’
with the advertised specifications packaging
C Defendant OMPLAINT Plaintiff andPlaintiff m The andPlaintiff th The concealed facts ornot disclosed In failing to disclose d. c. b. a. Bulldozer Pro
cessors Bulldozer Pro core , and count would rely on Defendant contain the ha Defendant advertised discover that andPlaintiff the Classcould not reasonably have been expected to learn or specifications Defendant , and -
count , ve been expected to learn ordiscover that the advertised based upo Defendant
would have considered them to be important in deciding whether ornot in the processors its
in choosing whether or not to purchase the primary reason cessors embers e Classreasonably expect their
of the of duty not to doso. cessors
specifications knew, and in fact intended, that and Plaintiff kne was core Defendant its
of the of . Defendant’s Defendant’s was w thatw and Plaintiff the Classm Bulldozer Pro
of the Class of in a superior position tothe know true stateabout facts the of -
inability orunwillingness to count
did not have any many cores asadvertised
, distribute,
under a duty to Pl Bulldozer Pro s ’ ,
advertised; and to purchase Defendant names n
did not ;
Defendant’s Defendant’s
21 representations regarding relied onthe representations made by cessors
by . Plaintiff’s and Classmembers’. Plaintiff’s expectations
and sell design Defendant
has cesso the
are aintiff andaintiff the Classto disclose
representations found knowingly and inten
products processors processors the
rs a nd ;
Bulldozer Pro
to and Plaintiff the Class were design, embers could not reasonably .
Bulldozer Pro
Bulldozer Pro
material selling point a to have the specifications s advertiseds because: manufacture the
the Classm cessors processors’ coreprocessors’ tionally concealed ,
online, are material in cessors cessors
with the , Defendant
and sell
embers the , its
did not . s
of of
-
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C seq. herein. Plaintiff Complaint, and all other appro Class, seek orIntelpurchase AMD products from deceptiveAMD’s marketing in the and future distribute effectively all and Plaintiff members the consumer Class CPUs, of processors technology Defendant et seq. them they otherwise wouldnot have purchased the induced circumstances. were about the LASS , protects both consumers
act at a lower price. A , Plaintiff and, Plaintiff each Classmember harm paying havein themonies of suffered form to
74. 73. 79. 78. 77. 76. 75. CTION Case 5:15-cv-04922Document1Filed10/26/15Page22of30 s Plaintiff andPlaintiff the other members the Classto of purchase the explicitly
core likely to mislead and Plaintiff the members the Classacting of reasonably under the
’ specifications.
without receiving the entire hi benefit of s in the future
an injunction requiring C - OMPLAINT count California’s Competition Unfair Code Law §§ Cal (“UCL”), & Bus. Prof. incorporatesPlaintiff byreference the allegations foregoing set fully forth asif Under Cal. Civ. Code P a directAs and proximate result of Through the Defendant’s
laintiff and the
disclaims any claim damages for under the CLRAat this time.
of the of
Violations ofCalifornia’s Unfair CompetitionLaw Violations
and require an injunction requiring
Specifically, becauseand its competitor AMD Intel manufacture and Bulldozer Pro false representationsfalse about the misrepresentations Cal. Bus. &Prof. §§ Cal. Bus. Code and competitors by promoting competition fair in commercial (On Behalf ofPlaintiff theClass) and priate remedies for
member SECOND Defendant § 1780(a) and (b),Plaintiff .
s
cessors of the C of
CAUSE OF ACTION CAUSE
processors are
to cease and desist the illegal conduct alleged in this and omissionsdetailed herein,
22
when purchasing the lass are likely to purchase effectively left with noother option but to its
Defendant’s Defendant’s s orhers bargain.
violations the the clarity, CLRA.For of sake of
or wouldhave only agreed to purcha 17200, core AMD - violation Cal. Civ. of Code count , individually the and onbehalf of et seq.
to truthfully advertise
Bulldozer Pro
of the of products
processors Bull
will be exposed to
Defendant .
dozer Pro
cessors
with
its
wrongfully wrongfully 17200,
cessors when §
§ AMD
se 1750, et
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C have reasonably ordiscovered known therepresentations falsity of about the Bulldozer Pro information asymmetry between the isone injury that co conductunfair are not outweighed byany countervailing benefits to consumers orcompetition consumers through Defendant’s purchase the its representations to consumers advertised. four actually defined bythe product. deception Any related orfraud to the because it directly a consumer’s affects choice orconduct of, regarding, whether to purchase a meet the one three of criteria to be considered competition unfair or the concealment, any material oromission suppression, of fact including the employment any deception, of pretense, false fraud, promise, false mis andmarkets goods services for LASS
Bulldozer Pro
“modules” A 80. 86. 85. 84. 83. 82. 81. CTION Case 5:15-cv-04922Document1Filed10/26/15Page23of30 con
tain misrepresentations about the Bulldozer Pro C cessors UCL OMPLAINT Defendant Reasonable consumers are likely to be, and Plaintiff the Classwere Defendant Defendant’s describedAs herein, The The UCLprohibits anyorfraudulent unfair, act unlawful, business orpractice,
( the advertised i.e. cessors specifications its , bymisrepresenting , , four completefour cores)
Defendant fraudulent conduct described above. The injuries caused by nsumers themselves could not reasonably have avoided
.
These representations were made to inconvince an effort consumers to also violated the unfair UCL’s has cessors representations were, in fact, false. — violated the fra
. core including and Plaintiff the Class
Defendant
knew orhad reason tothat know of a consumerof product isa material term any transaction of .
- Defendant count the core .
specifications the of which In particular,
and consumers regarding
udulent the UCLbyknowingly prongof making false specifications
has - 23 are count of itscount of
engaged in deceptive practices, business as
materially distinct from
Defendant’s Defendant’s prong bycausing substantial to injury
of a productof ismaterially misleading Bulldozer Pro Bulldozer Pro Defendant’s processors Defendant’s — . . A business practice business . A need only
regarding the Plaintiff andPlaintiff the Bulldozer Pro the true cessors
cessors “ actual specifications the of 8 . Given the - number cores” that are Defendant’s Defendant’s .
cessors
Class could not specifications of . representation,
,
do not deceived by of cores in of
contain , and .
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C processors Defendant’s misleading its of disseminated unfa untrue, or misleading.” Code §17500. Cal. & Bus. Prof. intentionallyfrom disseminating advertisements products orservices for that aredeceptive, “unfair, and, (3)awarding reasonable costsand attorneys’ pursuant to fees Cal. Code Civ. Proc.§1021.5 andPlaintiff each Classmember any money acquired competition unfair bymeans of (restitution); Defendant have purchased the the for Pro and the practicesbusiness distribution, the LASS cessors Bulldozer Pro
Bulldozer Pro A processors 88. 87. 94. 93. 92. 91. 90. 89. CTION Class Case 5:15-cv-04922Document1Filed10/26/15Page24of30
—
to cease the practices unfair described herein; (2)requiring did not have and
and sale of advertisements typically
C actual monetary damages the in theprice of form their paid for OMPLAINT A reasonableA personislikely t As California’s False and Misleading Advertising prohibits Law (“FAL”) corporations incorporatePlaintiff CodeseeksanPursuant to §17203, Plaintiff order Cal. (1)requiring & Bus. Prof. But for Defendant’s Defendant’s were cessors
. ir, deceptive, untrue, and misleading advertisements that and their actual value. depicted in
cessors Bulldozer Pro designed to convince consumers to purchase the between $ Defendant’s Defendant’s
( consumer . i.e.
.
fraudulent and conduct unfair directly and proximately caused Plaintiff fraudulent , AMD knew , AMD As are Cal. Bus. &Prof. §§17500 Cal. Bus. Code Figures
(On Behalf ofPlaintiff theClass) and
detailed in Violation ofFalseViolation false becausefalse they advertise 15 cessors - THIRD grade CPUs s 0 and $ conduct asdescribed herein, and Plaintiff the Classwouldnot
the allegations foregoing herein. set fully forth asif
1 and –
8 , orw a
and 300 Section
unfair conductunfair occurred during the marketing CAUSE OF ACTION CAUSE Bulldozer module
o be deceived by
— ould have paid substantially lessfor , and the detailed throughout this Complaint, or, at least, the differencebetween what they paid 24 II Advertising Law
above refore occurredrefore in the course of
, these advertisements are and false specifications
is Defendant’s Defendant’s
not et seq.
equal to
processors
Defendant
that overstate the core advertisements
two complete cores) Bulldoz Defendant . Inshort,
to restore to Defendant them. er Defendant’s Defendant’s
,
knew .
-
count has the . .
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C purchase a particular processor induce members the public of to purchase disseminated untrue and misleading statements through fraudulent advertising complete cores. have includes, but isnot limited to, disseminated pursuant to Cal. Code Civ. Proc.§1021.5 advertising false by means of (restitution); practices described herein; (2)requiring actual value. $ monetary damages the in theprice of form paid for the factof that with the engineers, advertisements that they contained materially and false misleading information. the As developer 150 LASS
“ and $ A 8 95. 101. 100. 99. 98. 97. 96. CTION - Case 5:15-cv-04922Document1Filed10/26/15Page25of30 cores processors
because
testers, 300
C false andfalse misleading ” —
OMPLAINT The cores number within isa of a CPU By committing the acts alleged in this Complaint, describedAs with particularity herein, incorporatesPlaintiff byreference the allegations foregoing seeksanPlaintiff order (1)requiring Defendant’s Defendant the w
hen or, at least, the differencebetween what they the paid for and distributors it Bulldozer Pro ’
directly affect specifications CPU Defendant
knew orshouldhave whencreating known and disseminating these .
Any deceptionAny related fraud of to the conduct directly and proximately caused and Plaintiff the
Defendant (On Behalf ofPlaintiff theClass) and
knew orshouldhave that known the cessors FOURTH
. Thus,it is s o advertisements
f a consumer’s choice orconduct of, regarding, whether to Fraud intheInducement the
Defendant did not have any many cores
Bulldozer Pro promoting and advertisi . its and, (3)awarding reasonable costsand
CAUSE OF ACTION CAUSE
Bulldozer Pro
reasonable to that infer 25
for for
to restore to Classmembers any money the Defendant its Defendant
material term any transaction of a for cessors Bulldozer Pro
Bulldozer Pro cessors ,
to cease the advertising false Defendant
has core ng that the Defendant .
designed, overseen, and cessors - processors as advertised Defendant count
cessors
is
proce as if f as if
has for a for — Bulldozer Pro intimately familiar
. This conduct in order to sell or typically
designed and ssors only is ully stated herein processor
attorneys’ fees
. (and
have Class and
was between
their
cessors
four four
acquired actual
is )
aware
s, s,
.
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C packa the Pro herein conduct.unlawful violations conduct. law and wrongful of d based onthose misrepresentations, specifications Defendant’s members in theinjury fact and Classhavelost of money suffered in justifiable reliance on purch would induce consumer regarding the mislead a reasonable consumer isacting who reasonably under the circumstances. materially misleading. irect fraudulent knowledge practices of designed to mislead and deceive consumers. LASS
cessors marketing materials and advertisements asing a ging A .
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28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
C Code §§17500, Code §§1750, Tony Dickey requests that the Court enter an order: money obtainedunjustly asa result of to retain th andPlaintiff the Class. have the money herein. purchase when they otherwise wouldnot have purchased the members the Cl of time they were made. LASS A Defendant Defendant
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Case 5:15-cv-04922 Document 1-1 Filed 10/26/15 Page 1 of 12
EXHIBIT A Case 5:15-cv-04922 Document 1-1 Filed 10/26/15 Page 2 of 12
Table of Contents
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
FORM 10-K
(Mark One) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934.
For the fiscal year ended December 27, 2014 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. For the transition period from to Commission File Number 001 -07882 ADVANCED MICRO DEVICES, INC. (Exact name of registrant as specified in its charter)
Delaware 94-1 692300 (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification No.)
One AMD Place, Sunnyvale, California 94088 (Address of principal executive offices) (Zip Code) (408) 749-4000 (Registrant’s telephone number, including area code)
Securities registered pursuant to Section 1 2(b) of the Act: (Title of each class) (Name of each exchange on which registered) Common Stock $0.01 par value per share The NASDAQ Stock Market Securities registered pursuant to Section 1 2(g) of the Act: None
Indicate by check mark ifthe registrant is a well-known seasoned issuer, as defined in Rule 405 ofthe Securities Act. Yes x No Indicate by check mark ifthe registrant is not required to file reports pursuant to Section 13 or Section 15(d) ofthe Exchange Act. Yes No x Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No Indicate by check mark whether the registrant has submitted electronically and posted on its corporate web site, ifany, every Interactive Data File required to be submitted and posted pursuant to Rule 405 ofRegulation S-T during the preceding 12 months (or for such shorterperiod that the registrant was required to submit and post such files): Yes x No Indicate by check mark ifdisclosure ofdelinquent filers pursuant to Item 405 ofRegulation S-K is not contained herein, and will not be contained, to the best ofregistrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III ofthis Form 10-K or any amendment to this Form 10-K. x Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting company. See definition of“large accelerated filer, “accelerated filer” and “smallerreporting company” in Rule 12b-2 ofthe Exchange Act (check one): Large accelerated filer x Accelerated filer Non-accelerated filer (Do not check ifa smallerreporting company) Smallerreporting company Indicate by check mark whether the registrant is a shell company (as defined by Rule 12b-2 of the Exchange Act). Yes No x As ofJune 28, 2014, the aggregate market value ofthe registrant’s common stock held by non-affiliates ofthe registrant was approximately $2.6 billion based on the reported closing sale price of $4.11 per share as reported on the New York Stock Exchange on June 27, 2014, which was the last business day of the registrant’s most recently completed second fiscal quarter. Indicate the number of shares outstanding ofeach ofthe registrant’s classes ofcommon stock, as ofthe latest practicable date: 777, 300,258 shares of common stock, $0.01 par value per share, as ofFebruary 13, 2015.
DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant’s proxy statement for the 2015 Annual Meeting of Stockholders (2015 Proxy Statement) are incorporated into Part III hereof. The 2015 Proxy Statement will be filed with the U.S. Securities and Exchange Commission within 120 days after the registrant’s fiscal year ended December 27, 2014. Case 5:15-cv-04922 Document 1-1 Filed 10/26/15 Page 3 of 12
Table of Contents
Computing and Graphics The x86 Microprocessor and Chipset Markets
Central Processing Unit (CPU). A microprocessor is an IC that serves as the CPU ofa computer. It generally consists of hundreds of millions or billions oftransistors that process data and control other devices in the system, acting as the “brain” ofthe computer. The performance ofa microprocessor is a critical factor impacting the performance ofcomputing and entertainment platforms, such as desktop PCs, notebooks, tablets and workstations. The principal elements used to measure CPUperformance are work-per-cycle (orhow many instructions are executed per cycle), clock speed (representing the rate at which a CPU’s internal logic operates, measured in units ofgigahertz, or billions ofcycles per second) and power consumption. Other factors impacting microprocessorperformance include the number and type of cores in a microprocessor, the bit rating of the microprocessor, memory size and data access speed.
Developments in IC design and manufacturing process technologies have resulted in significant advances in microprocessorperformance. As businesses and consumers require greaterperformance from their computer systems due to the growth ofdigital data and increasingly sophisticated software applications, semiconductor companies are designing and developing multi-core microprocessors, where multiple processor cores are placed on a single die or in a single processor. Multi-core microprocessors offer enhanced overall system performance and efficiency because computing tasks can be spread across two or more processing cores, each ofwhich can execute a task at full speed. Multi-core microprocessors can increase performance of a computer system without greatly increasing the total amount ofpower consumed and the total amount ofheat emitted. Businesses and consumers also require computer systems with improved power management technology, which helps them to reduce the power consumption oftheir computer systems and lower total cost of ownership.
Accelerated Processing Unit (APU and System-on-Chip (SoC). Consumers increasingly demand computing devices, including desktop and notebooks PCs, and smaller form factors, such as tablets and 2-in-1 s(PCs that can function both as a notebook or a tablet), with improved end-user experience, system performance and energy efficiency. Consumers also continue to demand thinner and lighter mobile devices, with betterperformance and longerbattery life. We believe that a computing architecture that optimizes the use ofits components can provide these improvements.
An APU is a processing unit that integrates a CPU and a GPU onto one chip (or one piece ofsilicon), along with, in some cases, other special-purpose components. This integration enhances system performance by “offloading” selected tasks to the best-suited component (i.e., the CPU or the GPU) to optimize component use, increasing the speed of data flow between the CPU and GPU through shared memory and allowing the GPU to function as both a graphics engine and an application accelerator. Having the CPU and GPU on the same chip also typically improves energy efficiency by, for example, eliminating connections between discrete chips.
An SoC is a type ofIC with a CPU, GPU and other components, such as a memory controller and peripheral management, comprising a complete computing system on a single chip. By combining all ofthese elements as an SoC, systemperformance and energy efficiency is improved, similarto an APU.
Heterogeneous System Architecture (HSA) describes an industry standard that is an overarching design for having combinations ofCPU and GPU processor cores operate as a unified, integrated engine that shares system responsibilities and resources. We are a founding member ofthe HSA Foundation, a non-profit organization established to define and promote this open standards-based approach to heterogeneous computing. Heterogeneous computing allows for the elevation of the GPU to the same level ofthe CPU for memory access, queuing and execution. In other words, rather than having a CPU as a master and other various processors as subordinates, these CPU and GPU processing units can be referred to as “compute cores” (where each core is capable of running at least one process in its own context and virtual memory space, independently from other cores). Heterogeneous computing also allows software programmers to develop applications that more fully utilize the full compute capabilities ofAPUs and SoCs.
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Table of Contents
Chipset. A chipset is a generic term referring to a collection of system level components that manage data flow among a microprocessor or microprocessors, memory and peripherals (such as CD ROM drives, DVD drives and USB peripherals). Chipsets perform essential logic functions, balance a system’s performance and provide system control and power management functions. Some chipsets have graphics capabilities by including an integrated graphics processor (IGP) within the chipset. A chipset with an IGP is known as an IGP chipset. IGP chipsets can offer a lower cost, reduced power alternative and are often also used in smaller form factors. Systems that are powered by an APU orby a CPU and discrete GPU combination often do not have a chipset and instead use an AMD Controller Hub chip to perform the functions of a chipset. As a result, we believe that either an APU and AMD Controller Hub chip combination or an SoC, which already includes a chipset, will eventually replace the market for IGP chipsets.
Our x86 Microprocessor and Chipset Products
Our microprocessors are incorporated into computing platforms, which are a collection oftechnologies that are designed to work together to provide a more complete computing solution and to enable and advance the computing components. We believe that integrated, balanced computing platforms consisting ofmicroprocessors, chipsets and GPUs that work together at the system level bring end users improved system stability, increased performance and enhanced power efficiency. In addition, we believe our customers also benefit from an all-AMD platform (consisting ofan APU or CPU, a discrete GPU and a chipset or an AMD Fusion Controller Hub chip), as we are able to optimize interoperability, provide them with a single point of contact for the key platform components and enable them to bring the platforms to market faster in a variety ofclient and server system form factors.
We currently base our microprocessors and chipsets on the x86 instruction set architecture and AMD’s Direct Connect Architecture, which connects an on-chip memory controller and input/output (I/O) channels directly to one or more microprocessor cores. We typically integrate two or more processor cores onto a single die, and each core has its own dedicated cache, which is memory that is located on the semiconductor die, permitting quicker access to frequently used data and instructions. Some of our microprocessors have additional levels of cache such as L2, or second-level cache, and L3, or third-level cache, to enable faster data access and higherperformance.
We focus on continually improving the energy efficiency ofour products through our design principles and innovations in power management technology. To that end, we offer CPUs, GPUs, APUs, SoCs and chipsets with multiple low power states that utilize lower clock speeds and voltages to reduce processorpower consumption during active and idle times. The use of intelligent, dynamic power management is designed to create lower energy use by allowing compute applications to be completed quickly and efficiently, enabling a return to the ultra-lowpower idle state.
Desktop. Our APUs for desktop PCs consist primarily of the AMD A-Series and AMD E-Series APUs. We also offer AMD FX CPUs for the enthusiast market. In January 2014, we launched the AMD A10-7850K and A10-7700K, formerly codenamed “Kaveri, for desktops. “Kaveri” is the world’s first APU to include HSA features, AMD TrueAudio technology for improved fidelity and immersive audio and the HD gaming experience ofAMD’s Mantle application programming interface (API). Our Mantle API is designed to allow game developers to take greater advantage of the full capability of our Graphic Core Next (GCN) architecture. Our GCN is our new approach to the design ofa consumer GPU. In July 2014, we expanded our desktop AMD A-Series APU with the AMD A10-7800 APU, our high performance APU. We also introduced the AMD A8-7600, AMD A6-7400K and AMD A4-7300 APUs, which are designed to allow consumers to upgrade their application and office experience on their desktop PC. The latest generation ofour AMD FX CPUs is based on the “Piledriver” x86 multi-core architecture. Our AMD FX CPUs are designed for multitasking, high resolution gaming and HD media processing and come in eight-, six- and quad-core versions.
Notebook and 2-in-1s. In response to consumer demand, we continue to invest in designing and developing high performing and lowpower notebook PC platforms. Our APUs for notebook PCs consist
5 Case 5:15-cv-04922 Document 1-1 Filed 10/26/15 Page 5 of 12
Table of Contents primarily ofperformance AMD A-Series APUs and AMD E-Series APUs. These APUs combine discrete-level AMD RadeonTM graphics, dedicated HD video processing and multi-core CPU processors on a single chip and are designed to maximize performance and energy efficiency. In April2014, we announced our 2014 mainstream and low-power APUs and mobile APUs, formerly codenamed “Beema” and “Mullins, respectively, which feature up to four newly- designed x86 CPU cores with AMD Radeon graphics and a hardware-level data security solution based on the ARM Cortex®-A5, all on a single SoC. In June 2014, we introduced our 2014 Performance Mobile APUs, formerly codenamed “Kaveri, designed for ultrathin and high-performance mobile PCs. As part of the 2014 Performance Mobile APUs, we introduced the AMD FX APU designed for enthusiast-level performance for gaming and multitasking. Also, in June 2014, we announced our new AMD Pro A-Series APUs with HSA features designed for commercial notebook PCs.
Chipsets. Our portfolio ofchipset products includes chipsets with and without IGPs for desktop and notebook PCs and servers, as well as AMD Controller Hub-based chipsets for our APUs. We offer AMD 9-Series and AMD A88X, A85X, A78, A75, A68H, A58 and A55 for desktop PCs, and we offer AMD A76M chipsets for notebook PCs. We also offer AMD 785E, SR5690, 780E and M690T chipsets for our embedded products.
Graphics Market
The semiconductor graphics market addresses the need for improved visual processing in various computing devices. Many consumers value a rich visual experience to enable a more compelling and immersive experience, and, for these consumers, the PC is evolving from a traditional data processing and communications device to an entertainment platform. As a result, visual realism and graphical display capabilities are key product differentiation elements among computing devices. This has led to increasing creation and use ofprocessing-intensive multimedia content for computing devices, including playing games, capturing TV and other multimedia content, viewing online videos, photo editing and managing digital content. In turn, these trends have contributed to higher consumer demand forperformance graphics solutions and manufacturers designing computing devices with these capabilities.
Our APUs deliver visual processing functionality for value and mainstream PCs by integrating a CPU and a GPU on a single chip, while discrete GPUs (which are also known as dedicated GPUs) are on a separate chip from the CPU and are specifically architected for higher performance graphics processing. Heavy computational workloads have traditionally been processed on a CPU, but we believe that the industry is shifting to a new computing paradigm that increasingly relies more on a discrete GPU or an APU. AMD Accelerated Parallel Processing or GPGPU (General Purpose GPU) refers to a set of advanced hardware and software technologies that enable discrete AMD GPUs, working in concert with the CPU, to accelerate applications beyond traditional graphics and video processing by allowing the discrete GPU and the CPU to process information cooperatively. In addition, computing devices with HSA features run computationally-intensive tasks more efficiently, which we believe provides a superior application experience to the end user.
Our Graphics Products
Our graphics products can be found in an APU, GPU, SoC or a combination ofa GPU with one of the other foregoing products working in tandem. Our customers generally use our graphics solutions to increase the speed ofrendering images and to help improve image resolution and color definition. We develop our graphics products for use in various computing devices and entertainment platforms, including desktop PCs, notebook PCs, 2-in-1 s and professional workstations. With each of our graphics products, we have available drivers and supporting software packages that enable the effective use of these products under a variety ofoperating systems and applications. In addition, our recent generation graphics products have Linux® driver support.
DiscreteDesktop Graphics. We offer discrete graphics products for gaming, multimedia, editing photos and videos as well as other graphic-intensive applications on desktop platforms. Our discrete GPUs for desktop
6 Case 5:15-cv-04922 Document 1-1 Filed 10/26/15 Page 6 of 12
Table of Contents
PCs include the AMD Radeon R7 and R9 series, AMD Radeon HD 8000 series, AMD Radeon 7000 series and AMD Radeon HD 6000 series. In February 2014, we introduced two new additions to the R7 series—the AMD Radeon R7 250X and R7 265. In March 2014, we added the AMD Radeon R9 280 to the R9 Series, and more recently in April2014, we introduced the AMD Radeon R9 295X2, powered by two AMD Radeon R9 295 GPUs on a single card designed for gamers and PC enthusiasts. All models ofour AMD Radeon R7 and R9 series graphic cards support our Mantle API.
DiscreteNotebook Graphics. Our discrete GPUs for notebooks are designed to address graphics performance, visual experience, power efficiency, dedicated memory support and ease ofdesign integration, all ofwhich are key considerations fornotebook manufacturers. The AMD lineup ofdiscrete GPUs for notebooks includes the AMD Radeon HD 7000M series and AMD Radeon HD 6000M series. In January 2014, we introduced the AMD Radeon R9, R7 and R5 M200 Series, our new family of discrete GPUs for notebooks designed with support for Mantle API. Professional Graphics. Our AMD FireProTM family ofprofessional graphics products consists of 3D and 2D multi-view graphics cards and GPUs that we designed for integration in mobile and desktop workstations, as well as commercial PCs. We designed our AMD FirePro 3D graphics cards for demanding applications, such as those found in the computer aided design (CAD) and digital content creation (DCC) markets, with drivers specifically tuned for maximum performance, stability and reliability across a wide range of software packages. We designed our AMD FirePro 2D graphics cards with dual- and quad-display outputs for financial and corporate environments.
We also provide the AMD FirePro S-Series GPU products for the server market, where we target high performance computing (HPC) and virtual desktop infrastructure (VDI) use cases. In April2014, we launched the AMD FirePro W9100 professional graphics cards for next-generation workstations with ultra- high resolution and multi-display capabilities. In June 2014, we launched the AMD FirePro W8100 professional graphics card designed for the next generation 4K CAD and media and entertainment workflows, engineering analysis and supercomputing applications. In August 2014, we introduced new additions to the next generation AMD FirePro professional graphics family, the AMD FirePro W2100, AMD FirePro W4100, AMD FirePro W5100 and AMD FirePro W7100. Additionally, we announced the AMD FirePro S9150 Server GPU in August 2014, designed for large scale multi-GPU support and the AMD FirePro S9100 in October2014, designed for high visualization, high throughput and multi-tasking.
Enterprise, Embedded and Semi-Custom The Enterprise, Embedded and Semi-Custom Markets
Server. A server is a computer system that performs services for connected customers as part ofa client-server architecture. Many servers are designed to run an application or applications often for extended periods oftime with minimal human intervention. Examples ofservers include web servers, e-mail servers and print servers. These servers can run a variety ofapplications, including business intelligence, enterprise resource planning, customer relationship management and advanced scientific or engineering models to solve advanced computational problems in disciplines ranging from financial modeling to weather forecasting to oil and gas exploration. Servers are also used in cloud computing, which is a computing model where data, applications and services are delivered over the internet or an intranet. Today’s data centers require new technologies and configuration models to meet the demand driven by the staggering amount ofdata that needs to be stored, accessed and managed. Servers must be efficient, scalable and adaptable to meet the compute characteristics ofnew and changing workloads.
Embedded. Embedded products address computing needs in PC-adjacent markets, such as industrial control and automation, digital signage, point of sale/self-service kiosks, medical imaging, set-top box and casino gaming machines as well as enterprise class telecommunications, networking, security, storage systems and “thin clients” (which are computers that serve as an access device on a network). Typically, our embedded products are used in applications that require high to moderate levels ofperformance, where key features may include
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Table of Contents mobility, relatively low power, small form factor, and 24x7 operations. High performance graphics are increasingly important in many embedded systems. Support for Linux, Windows and other operating systems as well as for increasingly sophisticated applications are also critical for some customers. Other requirements may include meeting rigid specifications for industrial temperatures, shock, vibration and reliability. The embedded market has moved from developing proprietary, custom designs to leveraging industry-standard instruction set architectures and processors as a way to help reduce costs and speed time to market.
Semi-Custom. We have leveraged our core IP, including our graphics and processing technologies developed for the PC market, to develop semi- custom solutions for customers who want differentiation in theirproducts, including today’s leading game console manufacturers. In this market, semiconductor suppliers work alongside game console manufacturers to enhance the visual performance and overall user experience for game console customers. This same type of collaborative development approach can also address customer needs in many other markets beyond game consoles, leveraging our existing IP to create a variety ofproducts tailored to a specific customer’s needs, ranging from complex fully-customized SoCs to more modest adaptations and integrations ofexisting CPU, APU or GPU products.
OurEnterprise, Embedded and Semi-Custom Products Server Processors. Our microprocessors for serverplatforms currently include:
The AMD OpteronTM X-Series includes small-core x86 APUs and CPUs that are ideal for next-generation scale-out Web and cloud applications ranging from big data analytics to image processing, multimedia content delivery and hosting.
AMD Opteron 6300 Series processors, which are designed to meet the demanding performance per-watt, per-dollar requirements that are at the heart of serverbuying decisions. The AMD Opteron 6338P (12 core) and 6370P (16 core) processors are optimized to handle the heavily virtualized workloads found in enterprise environments. These processors feature the “Piledriver” core and are fully socket and software compatible with the existing AMD Opteron 6300 Series.
During 2014, we began sampling the AMD Opteron A1100 Series processor, our first 64 -bit ARM-based serverprocessorbased on 28nm technology. AMD Opteron A-Series processors combine AMD’s expertise in delivering server-class silicon with ARM’s trademark low-power architecture. These products are designed to bring the experience and technology portfolio of an established serverprocessor vendor to the ARM ecosystem and complement our AMD Opteron x86 server processors. The first AMD Opteron A-Series processors are expected to launch later in 2015.
Dense Server Systems. In addition, to offering microprocessors for servers, we offer dense server systems, designed to reduce power consumption and improve space efficiency for data centers. Our dense serverproducts currently include the SeaMicro SM15000TM server, as well as the SeaMicro FreedomTM Fabric Storage series of storage enclosures. SeaMicro dense servers incorporate ourproprietary fabric technology, the FreedomTM supercomputer fabric, which interconnects hundreds ofcard-sized motherboards, eliminating top-of-rack switches, terminal servers, hundreds ofcables and thousands ofunnecessary components for a more efficient and simple operational environment. We designed this fabric to reduce data centerpower consumption while providing low latency and higherbandwidth interconnections.
Embedded Processors. Our embedded processors are increasingly driving intelligence into new areas ofour lives, from smart TVs and set-top boxes to interactive digital signage, casino gaming, and medical imaging. These products are designed to support greater connectivity and productivity, and we believe they are a strong driver forthe “internet ofthings” and “surround computing” areas in the computing industry. Ourprocessorproducts for embedded platforms include the following:
Our second generation AMD Embedded R-Series APU and CPU launched in May 2014, formerly codenamed “Bald Eagle, supports HSA and was designed forprocessing performance, power
8 Case 5:15-cv-04922 Document 1-1 Filed 10/26/15 Page 8 of 12
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efficiency and multimedia immersion in mid-to high-end visual and parallel compute-intensive embedded applications.
The AMD Embedded G-Series SoC platform is a high-performance, low-power design offering ultra-low power consumption and advanced graphics performance. In June 2014, we announced our AMD Embedded G-Series SoC, formerly codenamed “Steppe Eagle, designed for rugged and harsh environments such as ATMs, kiosks, automation, medical equipment and gaming machines. Also in June 2014, we introduced another AMD Embedded G-Series CPU, formerly codenamed “Crowned Eagle, for networking and communications infrastructure applications that require high performance at low cost and low power.
The AMD Embedded RadeonTM E-Series GPU family includes a broad array of discrete GPU products designed to provide immersive graphics and enhanced parallel compute capabilities for the embedded market. The AMD Embedded Radeon E8860 GPU is the industry’s first discrete graphics card for embedded applications based on GCN architecture, delivering 3D and 4K graphics to embedded gaming machines, digital signage, medical imaging, commercial aerospace, and other embedded applications.
In October2014, we began sampling our first 64 -bit ARM Cortex-A57-based AMD Embedded R-Series SoC, codenamed “Hierofalcon.” The AMD Embedded R-Series SoC platform is designed for embedded data center applications, communications infrastructure and industrial solutions and is expected to ship in the first half of2015.
Semi-Custom. Our semi-custom products are tailored, high-performance customer-specific solutions based on AMD’s CPU, GPU and multi-media technologies. We work closely together with our customers to define solutions to precisely match the requirements ofthe device or application. Historically we have leveraged our core graphics processing technology into the game console market by licensing our graphic technology in game consoles such as the Microsoft® Xbox 360TM and Nintendo Wii and Wii U. In the fourth quarter of2013, Sony launched its Sony Playstation®4 and Microsoft launched its Microsoft® Xbox One. Both ofthese next-generation game consoles are powered by AMD semi-custom SoC products.
Marketing and Sales
We sell our products through our direct sales force and through independent distributors and sales representatives in both domestic and international markets. Our sales arrangements generally operate on the basis ofproduct forecasts provided by the particular customer, but do not typically include any commitment or requirement for minimum product purchases. We primarily use purchase orders, sales order acknowledgments and contractual agreements as evidence ofour sales arrangements. Our agreements typically contain standard terms and conditions covering matters such as payment terms, warranties and indemnities for issues specific to ourproducts.
We generally warrant that our products sold to our customers will conform to our approved specifications and be free from defects in material and workmanship under normal use and service for one year. Subject to certain exceptions, we also offer a three-year limited warranty to end users for only those CPU and AMD A-Series APU products purchased as individually packaged products, commonly referred to as “processors in a box” and for PC workstation products. We have also offered extended limited warranties to certain customers of“tray” microprocessor products for each ofourbusiness units and/or workstation graphics products who have written agreements with us and target their computer systems at the commercial and/or embedded markets.
We market and sell our latest products under the AMD trademark and some legacy graphics products under the ATI trademark. Our desktop PC product brands for microprocessors are AMD A-Series, AMD E-Series, AMD FX CPU, AMD Athlon CPU and APU and AMD Sempron APU and CPU. Our notebook and 2-in-1 s for microprocessors are AMD A-Series, AMD E-Series, AMD C-Series, AMD Z-Series, AMD FX APU, AMD Phenom, AMD Athlon CPU and APU, AMD Turion and AMD Sempron APU and CPU. Our serverbrand for
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Table of Contents microprocessors is AMD Opteron. We sell dense server systems products under the SeaMicro brand, including the SM 15000 series and Freedom Fabric Storage series for storage systems. We also sell low-power versions ofour AMD Opteron, AMD Athlon and AMD Sempron, as well as AMD Geode, AMD R- Series and G-Series processors as embedded processor solutions. Our product brand for the consumer graphics market is AMD Radeon. Ourproduct brand for professional graphics products is AMD FirePro. We also market and sell our chipsets under the AMD trademark.
We market ourproducts through our direct marketing and co-marketing programs. In addition, we have cooperative advertising and marketing programs with customers and third parties, including market development programs, pursuant to which we may provide product information, training, marketing materials and funds. Under our co-marketing development programs, eligible customers can use market development funds as reimbursement for advertisements and marketing programs related to ourproducts and third-party systems integrating ourproducts, subject to meeting defined criteria.
Customers
Our microprocessor customers consist primarily of original equipment manufacturers (OEMs), original design manufacturers (ODMs), system builders and independent distributors in both domestic and international markets. ODMs provide design and/or manufacturing services to branded and unbranded private label resellers, OEMs and system builders. Our graphics product customers include the foregoing as well as add-in-board manufacturers (AIBs).
Customers of our chipset products consist primarily ofPC and server OEMs, often through ODMs or other contract manufacturers, who build the OEM motherboards, as well as desktop and server motherboard manufacturers who incorporate chipsets into their channel motherboards.
We work closely with our customers to define product features, performance and timing ofnewproducts so that the products we are developing meet our customers’ needs. We also employ application engineers to assist our customers in designing, testing and qualifying system designs that incorporate our products. We believe that our commitment to customer service and design support improves our customers’ time-to-market and fosters relationships that encourage customers to use the next generation ofour products.
We work closely with our customers to create differentiated products that leverage our CPU, GPU and APU technology. In some cases, customers ofour semi-custom products pay us non-recurring engineering fees for design and development services and a purchase price for the resulting semi-custom products.
Collectively, our top five customers accounted for approximately 61 of our net revenue during the year ended 2014. In 2014, Hewlett-Packard Company, Microsoft Corporation and Sony Corporation each accounted formore than 13% ofour consolidated net revenues. Sales to Hewlett-Packard consisted primarily ofproducts from our Computing and Graphics segment. Sales to Microsoft and Sony consisted primarily ofproducts from our Enterprise, Embedded and Semi-Custom segment. Five customers, including Hewlett-Packard, accounted for approximately 54% of the net revenue attributable to our Computing and Graphics segment. In addition, five customers, including Sony, Microsoft and Hewlett-Packard, accounted for approximately 90% of the net revenue attributable to our Enterprise, Embedded and Semi-Custom segment. A loss ofany ofthese customers would have a material adverse effect on our business.
Original Equipment Manufacturers
We focus on three types of OEM customers: multi-nationals, selected regional accounts and target market customers. Large multi-nationals and regional accounts are our core OEM customers. Our OEM customers include numerous foreign and domestic manufacturers ofservers and workstations, desktops, notebooks, PC motherboards and game consoles.
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Third-Party Distributors
Our authorized channel distributors resell to sub-distributors and mid-sized and smaller OEMs and ODMs. Typically, distributors handle a wide variety ofproducts, including those that compete with ourproducts. Distributors typically maintain an inventory ofour products. In most instances, our agreements with distributors protect their inventory ofour products against price reductions and provide return rights with respect to any product that we have removed from ourprice book that is not more than 12 months older than the manufacturing code date. In addition, some agreements with our distributors may contain standard stock rotation provisions permitting limited levels ofproduct returns.
Add-in-Board (AIB) Manufacturers and System Integrators
We offer component-level graphics and chipset products to AIB manufacturers who in turn build and sell board-level products using ourtechnology to system integrators (SIs), and to retail buyers. Our agreements with AIBs protect their inventory ofour products against price reductions. We also sell directly to our SI customers. SIs typically sell frompositions ofregional orproduct-based strength in the market. They usually operate on short design cycles and can respond quickly with new technologies. SIs often use discrete graphics solutions as a means to differentiate theirproducts and add value to their customers.
Competition
Generally, the IC industry is intensely competitive. Products typically compete on timely product introductions, product quality (including enabling state-of-the art visual experiences), power consumption (including battery life), reliability, processor clock speed, performance, size (or form factor), selling, price, cost, adherence to industry standards (and the creation of open industry standards), level of integration, software and hardware compatibility and stability, brand recognition and availability. Technological advances in the industry result in frequent product introductions, regularprice reductions and short product life cycles for some products, and increased product capabilities that may result in significant performance improvements. Our ability to compete depends on our ability to develop, introduce and sell new products or enhanced versions ofexisting products on a timely basis and at competitive prices, while reducing our costs.
Competition in the Microprocessor and Chipset Market
Intel Corporation has been the market share leader formicroprocessors formany years. Intel’s market share, margins and significant financial resources enable it to market its products aggressively, to target our customers and our channel partners with special incentives and to influence customers who do business with us. These aggressive activities have in the past and are likely in the future to result in lower unit sales and a lower average selling price for many ofourproducts and adversely affect our margins and profitability.
As long as Intel remains in this dominant position, we may be materially adversely affected by Intel’s:
business practices, including rebating and allocation strategies and pricing actions, designed to limit our market share and margins; product mix and introduction schedules; product bundling, marketing and merchandising strategies; exclusivity payments to its current and potential customers and channel partners;
control over industry standards, PC manufacturers and other PC industry participants, including motherboard, memory, chipset and basic input/output system, or BIOS, suppliers and software companies as well as the graphics interface for Intel platforms; and
marketing and advertising expenditures in support ofpositioning the Intel brand over the brand of its OEM customers.
Intel exerts substantial influence over computer manufacturers and their channels ofdistribution through various brand and other marketing programs. As a result ofIntel’s position in the microprocessor market, Intel
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Table of Contents has been able to control x86 microprocessor and computer system standards and benchmarks and to dictate the type ofproducts the microprocessor market requires ofus. Intel also dominates the computer system platform, which includes core logic chipsets, graphics chips, motherboards and other components necessary to assemble a computer system. OEMs that purchase microprocessors for computer systems are highly dependent on Intel, less innovative on their own and, to a large extent, are distributors ofIntel technology. Additionally, Intel is able to drive de facto standards and specifications for x86 microprocessors that could cause us and other companies to have delayed access to such standards.
Intel has substantially greater financial resources than we do and accordingly spends substantially greater amounts on marketing and research and development than we do. We expect Intel to maintain its market position and to continue to invest heavily in marketing, research and development, new manufacturing facilities and other technology companies. To the extent Intel manufactures a significantly largerportion ofits microprocessorproducts using more advanced process technologies, or introduces competitive new products into the market before we do, we may be more vulnerable to Intel’s aggressive marketing and pricing strategies formicroprocessorproducts. For example, Intel recently introduced microprocessors for low-cost notebooks, similar to products that we offer for low-cost notebooks.
Intel’s position in the microprocessor market and IGP chipset market, its introduction of competitive new products, its existing relationships with top- tier OEMs and its aggressive marketing and pricing strategies could result in lower unit sales and a lower average selling price for ourproducts, which could have a material adverse effect on us.
Other competitors include a variety ofcompanies providing or developing ARM-based designs at relatively low cost and lowpowerprocessors forthe computing market including netbooks, tablets and thin-client form factors, as well as dense servers, set-top boxes and gaming consoles. ARM Holdings designs and licenses its ARM architecture to third parties, including us, and offers supporting software and services. Our ability to compete with companies who use ARM-based solutions depends on our ability to timely design and bring to market energy-efficient, high-performing products at an attractive price point.
In the chipset market, our competitors include suppliers ofIGP chipsets. PC manufacturers use IGP chipsets because they cost less than traditional discrete GPUs while offering acceptable graphics performance for most mainstream PC users. Intel also leverages its dominance in the microprocessor market to sell its IGP chipsets. Intel manufactures and sells IGP chipsets bundled with their microprocessors and is our main competitor in this market.
Competition in the Graphics Markets
In the graphics market, our competitors include suppliers of discrete graphics, embedded graphics processors and IGP chipsets. Intel manufactures and sells embedded graphics processors and IGP chipsets, and is a dominant competitor with respect to this portion ofour business. Higher unit shipments ofour APUs and Intel’s integrated graphics may drive computer manufacturers to reduce the number of systems they build paired with discrete graphics components, particularly for notebooks, because they may offer satisfactory graphics performance for most mainstream PC users, at a lower cost. Intel could take actions that place our discrete GPUs and IGP chipsets at a competitive disadvantage such as giving one or more ofour competitors in the graphics market, such as Nvidia Corporation, preferential access to its proprietary graphics interface or other useful information.
Ourprincipal competitor in the graphics market is Nvidia. AMD and Nvidia are the two principal players offering discrete graphics solutions. Other competitors include a number of smaller companies, which may have greater flexibility to address specific market needs, but less financial resources to do so, especially as we believe that the growing complexity of graphics processors and the associated research and development costs represent an increasingly higherbarrier to entry in this market. In the semi-custom game console products, where graphics performance is critical, we compete against primarily Nvidia, and also compete against Imagination Technology Group.
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Research and Development
We focus our research and development activities on improving and enhancing product design. One main area offocus is on delivering the next generation ofproducts with greater system level integration ofthe CPU and GPU and transforming ourproducts into SoCs, with, in each case, improved system performance and performance-per-watt characteristics. For example, we are focusing on improving the battery life of our microprocessors and APU products for notebooks and the power efficiency ofour microprocessors for servers. We are also focusing on delivering a range of low-power integrated platforms to serve key markets, including commercial clients, mobile computing and gaming and media computing, as well as developing an HSA, which is designed for software developers to easily program APUs by combining scalarprocessing on the CPU with parallel processing on the GPU, all while providing high bandwidth access to memory at low power. We believe that these integrated platforms will bring customers better time-to-market and increased performance and energy efficiency. We also work with industry leaders on process technology, software and other functional intellectual property and we work with others in the industry, public foundations, universities and industry consortia to conduct early stage research and development.
Our research and development expenses for 2014, 2013 and 2012 were approximately $1.1 billion, $1.2 billion and $1.4 billion, respectively. For more information, see “Part II, Item 7—Management’s Discussion and Analysis ofFinancial Condition and Results ofOperations, below.
We conduct product and system research and development activities for our products in the United States with additional design and development engineering teams located in China, Canada, India, Singapore, Taiwan and Israel.
Manufacturing Arrangements and Assembly and Test Facilities Third-Party Wafer Foundry Facilities
GLOBALFOUNDRIESInc. On March 2, 2009, we entered into a Wafer Supply Agreement (the WSA) with GLOBALFOUNDRIES Inc. (GF). The WSA governs the terms by which we purchase products manufactured by GF, a related party to us. Pursuant to the WSA, we are required to purchase all of our microprocessor and APU product requirements from GF with limited exceptions. For more information about the WSA, see “Part II, Item 7-Management’s Discussion and Analysis ofFinancial Condition and Results ofOperations-GLOBALFOUNDRIES, below. GF currently manufactures wafers for ourproducts on 300 millimeter wafers primarily in technologies ranging from 32nm to 28nm.
Taiwan SemiconductorManufacturing Company. We also have foundry arrangements with Taiwan SemiconductorManufacturing Company (TSMC) forthe production ofwafers for certain products. We are in production in TSMC’s 300 millimeter fabrication facilities in technologies ranging from 65nm to 28nm.
Other Third-Party Manufacturers. We outsource board-level graphics product manufacturing to third-party manufacturers. We also outsource board- level and system-level product manufacturing to third-party manufacturers for our SeaMicro dense server and storage products.
Assembly, Test, Mark and Packaging Facilities
We own and operate two assembly, test, mark and packaging facilities. Some wafers for our products are delivered from third-party foundries to our assembly, test, mark and packaging facilities. Our assembly, test, mark and packaging facilities are described in the chart set forth below:
Approximate Manufacturing Area Square Facility Location Footage Activity Penang, Malaysia 150,000 Assembly, Test, Mark & Packaging Suzhou, China 100,000 Assembly, Test, Mark & Packaging
13 Case 5:15-cv-04922 Document 1-2 Filed 10/26/15 Page 1 of 6
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(search fot: r[7 3^933) oCcarn rescrseeo 10 [11 s NI limitedLan %ilk !Maws i off asinro Lire. other than ahc socks, may AMO th right discontinue inake chanv1aS v.: 3 infrastructure L". A li si .if recommended can he ar. set 111:1t. the andior Irld Ur its products at any time without twice. A^fl) morhs:it...7rd: found forth io the speufisitasOn. Munage proecssor ollion A..i....L.D.n:ii..oAronlii,lare.liWI problemr iitchtrling het tisle limited to, al apiage tar your system Loinilonerns i neI Udi ng poor an allerbOnfai And components thereon vs.g. memory n sysLam 3. A MD Validated Server Prop-am 1VSP I iystems and Thermally Tested AMD install0, ncsa a date loss And 112CIUL.tieil III For product purchased in Au stnil ia. ts:he following piavision applie .g. corrupted imagesi; cysicni l hal-chorus are fully with A NID'a limited prfonniax;c; shOrtenod thallarStiot., ystC.in a...01.31.70.11en7 ilaid Of,y,ton nee: Our goods come with guarunico that cannot km excluded under the Opteron systems camphor, mai in asircnie cases. fnlal Ny5112 rti fai to re. AMD docs lith rirovid.: Mall I ner or support or Australian Ca Law. Voir entitled to :a refund for Pat ind 51.0F 23, replacement warranty products. or En survicr fair kvues daninges. mlated lase E3f this A1411 proe;essor oilier for a major failure and for carilliNntialiOn for au other v reasonably [Iron with rho specified sockcl infrastructure or outside of ihe official AMID or to foreseeable los, darnapc. You ore allot entitled have the goods Of To ensure full compliance with AMD's Limited Warranty. for NB Specific:mons. Vol, also rnay not receive siippnn saINIce froln pifnt boand repaired or replaced. if the gnosis fail hpe of acceptabk quality and the an AMD heatsinkifan must be uscrL Please Of SyStel• 1113nallIK.I.invr. 11.4.MAGE CAUSED Ir./USE:Of Ti IE AMP failure does not amount En :t major fure.ailto products, approsed W1TH .5 ET 1.1.1-1-llfR refer to the warranty card on this sheet for details. Additional PROCESSOR SCH:C INFRA5-rittr1'Lall THAN /RI: !if/CI:ED•I n ii-R.A.TRUCTURIE ubT Foul1.1 IN TilESPECIIIrMV/N information can he found AN1D's website on at LIR OUTSIDE OF A!.IT) SPECI fil Ci.-VILIONS Akt: NDT ['CPC V.ISED httPtilWW1v.8111(1.conl. UNI)ERANT ANIL.) PRODUCT WARRANTY ANIS MAT NOT BE COVE:RH] RV YOUR BOARO (JR SYSTEM MANI TACTURER'S WARRANTS'.
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A.. 1^ 4, 1 e, L i V. •r 7 '''L. •.i., t. i 6' j tt,,A.;1.1 ipp• "P.P." •it ...-.:;Li...." 1 i- 4,. i III •Akry 1 2 ."-.1t: 0 •T.*. i '4 ..7 I 1,. r.. 74. 4 1 t. i, L '-17. -Serie. I 1. P 4. 7. Proesso.t. 1 1 1. e:VP.' 1 'f....-....- 7. L 7N: Cooling System. -.1. :-.4uidN I '-'4. i •Y. 7 .0. N.. i. •i• A T. 1! r ^I 1. 1 'W 1 lf i, 1.,I..,..ir N, :III.., 1 III I WATIITTi aicrem r-fri.- 0. 0. "•1..•-. ffi- -2 hungKoo-Horo oxnahc emin n so ecco a rraA, ;:=1.3r,w11 o •12 kr4921,A=O 111,157,1_1:1 Case 5:15-cv-04922 Document 1-4 Filed 10/26/15 Page 4 of 7 5.0 Gkz Max Turbo, 41 GHz Base So:L, ket.C.N13+. Includes Liqu.d Pea *A: FD95GOFHHKWDx 111r1P-:iii 31011-1:i611110 JJ oLILI it! .011.4 FX 9590 AM EX B--Co.e la MB Total Cacfte. Black EdVon LI 011 5;,,Y6.-:zEwBrosi ocument 1-4 Filed ument 1-4 Filed 10/26/15 Page pecIfleatl.ons U Socket. FM2i/FM /F */AM aln System Olmenslone 0 70 x 27 mm 02.75 x 1, 1 he) editor Dimensions 150 x 120 38 mm (8,9 x 4.7 x 1, 5 inch) 7 adlater Material 11=12111111111111111111 Fan Dimensions 120 x 120 x 28 mm (4.7 x 4.7 x 1 Inch) Fen Speed 600-2400 RPM (PWM) s 10% Fan Air Flow 1917, 65.15 OFM 10% Fan Alr Prenure 0.31 4.18111h1 Fla 10% Fan LIM Expectancy 40,000 hours Fen Noise Level 19 40 OA Fan Bearing Type Rifle bearing Fan Connector 4-Pin Fan Rated Voltage 12 VDC Fan Safety Current 0.37 A Fan Rated Current 0,3 A Fan Power Consumption 3,8 W Pump Life Expectancy 70,000 hours ump NQIe Level 4 17 dSA Purnp Rated Voltage Pump Load Current 0.15 A Pump Power Consumptlen 1, W Pan tested by Cooler Master and eartIfiep unOsr safety current 010.37A For liquid cooling system support, vie www.Q44111rITIROVINM For CPU prOCIUOt InforratIOn, vie www, amd.adm/fx Case 5:15-cv-04922 Document 1-4 Filed 10/26/15 Page 7 of 7 t741. y: likJE 4.s. kek, I-I 'els* FX 9 59 AMD FX 8-Core 16 MB Toter Cache. Bleck Edition 11.11$111111111111:111111.1 Siirr8728891503at The busincludes MAD proceesorMatallittbnInetsicdcn and limited warranty; Intannadon. amo -t-ratiltPLIVIMI-Itt 01 *lI AMoAIM, Diem Box beinhaitek alien AMD Pirammer, die Insteilationsen- mimingund infonneftranCtor Dewthfeletursolitat Eats aaja oontlerla Lin proomnidOr AMD, instruccfonee de Inetaleclon. 0 Informed.= acerca de le garland& Fermar Nifemexn enAND imererlin lag ININI .1.0ftwrnfanigni ...aft *WM rilt onnwrrldamo9S asmfflliMr.1-1,41.ernM0lnl.in FM OM OrmANCPINN R0.11001464 m.,P101011-1111.1118.411ENIMC iMMIN AMDZ1 Case 5:15-cv-04922 Document 1-5 Filed 10/26/15 Page 1 of 6 EXHIBIT E Case 5:15-cv-04922 Document 1-5 Filed 10/26/15 Page 2 of 6 Case 5:15-cv-04922 Document 1-5 Filed 10/26/15 Page 3 of 6 Case 5:15-cv-04922 Document 1-5 Filed 10/26/15 Page 4 of 6 Case 5:15-cv-04922 Document 1-5 Filed 10/26/15 Page 5 of 6 Case 5:15-cv-04922 Document 1-5 Filed 10/26/15 Page 6 of 6 Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 1 of 28 EXHIBIT F Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 2 of 28 FX-8120 Bulldozer Processor 7tirIN, Ir 1114[11132111 Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 3 of 8 Log in or Register "lml, 0 Items Wish List (L.?) nowa• COM MY FIRMS BROWSE ALL SHOP BRANOS M Follow us: El Shop All Stores T Search CPUs Processors A.; Keywords, Model or Item Marketplace IF Home Computer Hardware Processors Desktops AMD Item#: N82E16819103961 ApiDn AMD FX-8120 Zambezi 3.1GHz Socket AM3+ 125W Eight- Core Desktop Processor QTY-I, I $159-99 FD8120FRGUBOX 4.14.44 (721) Write a Review 1 I r 1-year extended warranty $16.99 In stock. 32 nm Zambezi 125W ADD TO CART 8MB L3 Cache .••••4;,2 L2 8MB Cache Add to Wish List Price Alert Gefillt mir Oin it at Tweet 0 Ernaa ARE YOU AN E-BLAST INSIDER? Enter Your Email SUBSCRIBE Loading... Buzz Power House Overview Details Feedback 4444.4 Love the true 8 cores! Benchmarks nicely to! I recommend that this be bought by Unlock and load, people who know what they are Blow away the doing. with competition 5/5/2012 the unrestrained power of an AMD FX much what I was processor. Pretty Experience expecting unmatched multitasking and Solid for pure core performance heavily threaded workloads. Multitasking performance seems smoother with this than with the the X4 955 4GHz that it industry's first 32nm 8-core 1/5/2012 desktop processor. Get the speed you Write a Review crave with AMD Turbo CORE Technology to push your core frequencies to the limit when you need it most. Go beyond the limits of maximum speed with easy-to-use AMD OverDrive and AMD Catalyst Control Center software suites*. But the best part of all? You'll all this at an unbelievable You'll be "what get impressive performance price. asking yourself Get Educated competition?" in no time. Make informed decisions with Combine an AMD FX CPU with an AMD 9-series chipset motherboard and AMD Radeon HD 6000 series graphics expert advice. cards to create the AMD "Scorpius" platform. Get lost in the action with ultra-responsive gameplay and insanely lifelike HD powered by VISION FX Technology from AMD. Overtake your rivals with the raw power and superior performance of an unlocked CPU*. Immerse yourself in an accelerated HD experience with AMD Radeon GPU and Microsoft DirectX 11 capable graphics. *Note: AMD's product warranty does not cover damage caused by PayPai.. overclocking (even when overclocking is enabled via AMD Overdrive software). Shop without retyping payment details. Secure shopping made faster. Check out with PayPal. 1-6 Filed 10/26/15 4 28 FX iLINCESSEDaM_Datc021.9nocEINftibmentPager nan9fing The industry's first and only native 8-core desktop processor delivers unmatched Arica Preferred Account multitasking and pure core performance with all-new "Bulldozer' architecture. New Newegg 32 nanometer die shrink was designed to reduce leakage for improved efficiency, No + No Interest if in increased clock rate headroom and better thermals. Immerse in the most Payments paid yourself full in up to 12 Months. Minimum advanced 3D games. Achieve extreme mega-tasking with ease. purchase required. Subject to credit approval. See Terms AMD TURBO CORE TECHNOLOGY BIBfou Bill Me Later The AMD FX Processors come equipped with AMD Turbo CORE Technology, a L§fliMr ipppri that increase on the if in performance boosting technology helps performance No Payments + No Interest paid applications that need it the most. full in 6 Months on order over $250. Subject to credit approval. See Terms NEW INSTRUCTION CAPABILITIES AVX, FMA4 AND XOP, AES Advanced Vector Extensions increase tailored for scientific and JJJ (AVX) parallelism EliFi Ads by Google 3D applications that use heavy floating point calculations. Floating Point Vector How To Patent Your Idea Multiply-Accumulate improves throughput and performance on many vector functions (integer and floating point). Advanced Encryption Standard noticeably 3 Easy Steps To Patent & Make Money Get A Free Patent & Invention Kit increases performance on the latest encryption applications like TrueCrypt and benchmarks like PCMark. Ad feedback AMD HYPERTRANSPORT TECHNOLOGY e: HyperTransport Technology (HT or HTT) is a high-speed, low latency, point-to-point =linn.T.P5-"mn, link which helps reduce the number of buses in a system thus reducing system bottlenecks and enabling today's faster microprocessors to use system memory more efficiently in high-end multiprocessor systems. With HTT, the AMD FX-8120 enjoys up to 37GB/s total delivered processor-to-system bandwidth (HyperTransport bus + memory bus). INTEGRATED DRAM CONTROLLER WITH AMD MEMORY OPTIMIZER TECHNOLOGY The AMD FX Processor features a high-bandwidth, low-latency integrated memory controller that supports up to DDR3-1866 and new low voltage memories of 1.35V and 1.2V and provides new Pre-Fetcher improvements and direct communications to each core in Dual-Core module (APIC registers in each core). AMD VIRTUALIZATION (AMD-V) TECHNOLOGY WITH IOMMU 644 I. Silicon feature-set enhancements designed to improve the performance, reliability, and security of existing and future virtualization environments by allowing virtualized applications with direct and rapid access to their allocated memory. IOMMU is an extension to AMD64 architecture to support address translation and access protection on DMA transfers. AMD-V with IOMMU helps virtualization software to run more securely and efficiently enabling a better experience when dealing with virtual systems. e Loading... Home Computer Hardware Processors Desktops AMD Item#: N82E16819103961 LOADING... Shop by Region: United States I Canada I China CUSTOMER SERVICE SHOPPING HELP MY ACCOUNT COMPANY INFO TOOLS & RESOURCES Contact Us Gift Cards Login/Register About Us RSS Feeds Frequently Asked Icon Glossary My Account Office Hours and Location Site Map Questions. Video Center Order Status Careers Affiliates Return Policy Information.. :leviai v -cv-0492 rder '-liltrir-Wrri nt 1-6 Fi r'-^-zro31, '6/15 Page 5 of 28 w Information Rebate Center voice ards/Ran nsetergg ish Lists ents wsletter Subscriptions RMA Request. Sell to Newegg. Marketplace Sellers Track My Order Calif. Transparency in Supply Chains Mobile Apps Tracking Number Act Newegg Blog Affiliated Sites: NeweggBusiness EggXpert.com For Business Needs Newegg Community P2Trustwave Inc. Sys., Q0 AtaNtolTELP fiUSPIE55 es=:. 5 0 Policy &Agreement I Privacy Policy 2000-2012 Newegg Inc. All rights reserved. Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 6 of 28 FX-8150 Bulldozer Processor 7tirIN, Ir UNISON Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 7 of 8 Log in or Register IR 0 Items I Wish List a Help nowa• COM® MY ACCOUNT MY NEWEGG LATEST EMAIL DEALS [1.1 Feedback Shop All Stores T Search CPUs Processors A.; Keywords, Model or Item Marketplace T Home Computer Hardware Processors Desktops AMD Item#: N82E16819103960 AmDzi AMD FX-8150 Zambezi 3.6GHz Tr= Socket AM3+ 125W Eight-, Core Processor Desktop QTY.I 1 I FD8150FRGUBOX $179.99 mime444 (745) I Write a Review In stock. r 1-year extended warranty $13.99 f;" 0 32 nm Zambezi 125W ADD 8MB L3 Cache 141111k TO CART 8MB L2 Cache 10 Add to Wish List Price Alert 13 Like 4.21(1 rj, ji Tweet 0 ErnaA ARE YOU AN E-BLAST INSIDER? Loading... Enter Email Address SUBSCRIBE Buzz Overview Details Feedback 2x Winner for Processors IDesktops Customer Choice Award Why Newegg? Unlock and load. 44.1.14 Blow away the Why is Newegg allowing people with competition who dont own this chip to post the unrestrained negative reviews and push Intel power of an products? AMD FX 2/28/2012 processor. Experience unmatched multitasking and Badly underrated pure core 44.144 performance with the 8 cores, lots of cache, fast industry's first 4/10/2012 32nm 8-core Saerydoth desktop processor. Get Write a Review the speed you crave with AMD Turbo CORE Technology to push your core frequencies to the limit when you need it most. Go beyond the limits of maximum speed with easy-to-use AMD OverDrive and AMD Catalyst Control Center software suites*. But the best part of all? You'll get all this impressive performance at an unbelievable price. You'll be asking yourself "what :5, Get Educated competition?" in no time., \S• Make informed decisions with expert advice. Combine an AMD FX CPU with an AMD 9-series chipset motherboard and AMD Radeon HD 6000 series graphics cards to create the AMD "Scorpius" platform. Get lost in the action with ultra-responsive gameplay and insanely lifelike HD powered by VISION FX Technology from AMD. Overtake your rivals with the raw power and superior performance of an unlocked CPU*. Immerse yourself in an accelerated HD experience with AMD Radeon GPU and PayPal Microsoft DirectX 11 capable graphics. *Note: AMD's product warranty does not cover damage caused by Shop without retyping payment details. when is enabled via AMD Overdrive overclocking (even overclocking software). Secure shopping made faster. Check out with PayPal. FX uNtaggiDn'tEltir-enr2cERRiament 1-6 Filed 10/26/15 Pagffrch28 The industry's first and only native 8-core desktop processor delivers unmatched Preferred Account Amon Newegg multitasking and pure core performance with all-new "Bulldozer' architecture. New 32 nanometer die shrink to reduce for was designed leakage improved efficiency, No Payments + No Interest if paid in increased clock rate headroom and better thermals. Immerse yourself in the most full in up to 12 Months. Minimum advanced 3D games. Achieve extreme mega-tasking with ease. purchase required. Subject to credit approval. See Terms AMD TURBO CORE TECHNOLOGY •mp• Bill Me Later LAm•r- The AMD FX Processors come equipped with AMD Turbo CORE Technology, a No + No Interest if in performance boosting technology that helps increase performance on the Payments paid full in 6 Months on order over $250. applications that need it the most. Subject to credit approval. See Terms NEW INSTRUCTION CAPABILITIES AVX, FMA4 AND XOP, AES II=1111111 1111112.11M Advanced Vector Extensions (AVX) increase parallelism tailored for scientific and 1=21=1 3D applications that use heavy floating point calculations. Floating Point Vector Multiply-Accumulate improves throughput and performance on many vector functions (integer and floating point). Advanced Encryption Standard noticeably increases performance on the latest encryption applications like TrueCrypt and benchmarks like PCMark. AMD HYPERTRANSPORT TECHNOLOGY HyperTransport Technology (HT or HTT) is a high-speed, low latency, point-to-point link which helps reduce the number of buses in a system thus reducing system bottlenecks and enabling today's faster microprocessors to use system memory more efficiently in high-end multiprocessor systems. With HTT, the AMD FX-8150 enjoys up to 37GB/s total delivered processor-to-system bandwidth (HyperTransport bus + memory bus). INTEGRATED DRAM CONTROLLER WITH AMD MEMORY OPTIMIZER 4000. TECHNOLOGY The AMD FX Processor features a high-bandwidth, low-latency integrated memory controller that supports up to DDR3-1866 and new low voltage memories of 1.35V and 1.2V and provides new Pre-Fetcher improvements and direct communications to each core in Dual-Core module (APIC registers in each core). AMD VIRTUALIZATION (AMD-V) TECHNOLOGY WITH IOMMU Silicon feature-set enhancements designed to improve the performance, reliability, and security of existing and future virtualization environments by allowing virtualized applications with direct and rapid access to their allocated memory. IOMMU is an extension to AMD64 architecture to support address translation and access protection on DMA transfers. AMD-V with IOMMU helps virtualization software to run more securely and efficiently enabling a better experience when dealing with virtual systems. Loading... Home Computer Hardware Processors Desktops AMD Item#: N82E16819103960 LOADING... Shop by Region: United States I Canada I China CUSTOMER SERVICE MY ACCOUNT COMPANY INFORMATION TOOLS & RESOURCES Contact Us Login/Register About Newegg Site Map Order Status My Dashboard Awards/Rankings Become an Affiliate Returns (RMA) Order History Hours and Locations Newsegg Information Center Sellers Frequ: Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 9 o Al.,Pare Return e Apps Privac o Newegg Gift Cards Manage Subscriptions Newegg Blog Product Review Auto Notifications Calif. Transparency Video Center in Chains Act Supply Rebates Affiliated Sites: Business Follow us: Tou Newegg EggXpert.com et: I For Business Needs Newegg Community /11 P2 TrUStWaVe Inc. $9curid gterlSig) Trii sIN1 ;Em 5 0 11=1E0 Policy & Agreement I Privacy Policy 2000-2013 Newegg Inc. All rights reserved. Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 10 of 28 FX-8320 Bulldozer Processor 7tirIN, Ir 1114[11111311 Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 11 of128 15 EARLY BLACK FRIDAY Log in or Register 'IR 0 Items I Wish List 0 Help nowa• corn WI ACCOUNT AR MINNA LATEST EMA.IL DEALS GIFT CARDS NIMEMENTSIM, r.] Feedback Shop All Stores T Keywords, Model or Item Search all SEARCH Marketplace T Home Computer Hardware CPUs Processors Processors Desktops AMD Item#: N82E16819113285 AMD FX-8320 AMDZI Vishera.,1=13=1:111111 2... -3.5GHz(4.0GHz Turbo). AM3+ 125W Socket Eight- QTY'll 1 Core Desktop Processor $159.99 FD8320FRHKBOX ""gg• ':'i Get 2 games w/ combo purchase, limited Newegg time offer Protect Your Investment ?.4 .00 1 (306) I write a Review n 2 Year Accidental Damage Protection In stock Limit 5 per customer. Send It As A Gift! 32 nm Vishera 125W 8MB L3 Cache n Make this item a gift 4 x 2MB L2 Cache I ADD TO CART 1.. An._ 1 Cv lirstfeR Add to Wish List Price Alert Ask Or Answer A Question See 119 questions 11184 answers Like Oaf./ El JT.Tic ARE YOU AN E-BLAST INSIDER? at Tweet 0 I, Enter Email Address SUBSCRIBE Loading... Get Educated N. Make informed decisions with expert advice. Overview Specifications Reviews PayPar Shop without retyping payment details. Secure shopping made faster. Check out with PayPal. Newegg Preferred Account No Payments + No Interest if paid in full in up to 12 Months. Minimum purchase required. Subject to credit approval. See Terms •silimu Bill Me Later Lam, No Payments + No Interest if paid in full in 6 Months on order over $250. Subject to credit approval. See Terms New microarchitecture, new level of performance Piledriver microarchitecture, a tuned-up Bulldozer, has finally reached the flagship AMD FX processors (the new FX series processors are codenamed as Vishera) for improved performance and better energy- efficiency. Up to eight "Piledriver" cores ensure unrivaled multitasking and pure core performance. The AMD Turbo Core technology pushes your core frequencies to the most when you need it most. To top it off, like all other AMD's BlacICEEM aclercvt1194922AD EdeernyereixeesiElpetikbyea/15 page 12 of 28 unlocked for fabulous overclocking* capability. Unrivaled performance is not the only trick AMD has up their sleeve. Vishera processors are at a reasonable price point. (*AMD's product warranty does not cover damage caused by overclocking even when overclocking is enabled via AMD Overdrive software.) NEW PILEDRIVER MICROARCHITECTURE Piledriver microarchitecture is the second generation of AMD Bulldozer AM D microarchitecture. The internal core structure has been modified for higher frequencies even without any changes in the manufacturing process. Piledriver has a more precise branch predictor and a larger instruction window with ISA extensions FMA3 and F160. The execution units acquired an enhanced scheduler and learned to process individual instructions faster, such as integer and floating-point division. And Piledriver microarchitecture delivers higher power efficiency compared with Bulldozer microarchitecture. UNLOCKED AMD FX PROCESSOR WITH 8 PILEDRIVER CORES The native 8-core desktop processor deliveunrivaledrs multitasking and pure core performance with the new Piledriver microarchitecture. 32 nanometer die shrink was designed to reduce leakage for improved efficiency, increased clock rate headroom and better thermals. The AMD unlocked technology offers more headroom for your overclocking (AMD's product warranty does not cover damage caused by overclocking even when overclocking is enabled via AMD Overdrive software.). AMD TURBO TECHNOLOGY The AMD FX Processors come equipped with AMD Turbo CORE rip—A Technology, a performance boosting technology that helps increase performance on the applications that need it the most. AMAZING INSTRUCTION CAPABILITIES Like Bulldozer, Piledriver has some amazing instruction capabilities. 3:u Advanced Vector Extensions (AVX) increase parallelism tailored for scientific and 3D applications that use heavy floating point calculations. Floating Point Vector Multiply-Accumulate improves throughput and performance on many vector functions (integer and floating point). Advanced Encryption Standard noticeably increases performance on the latest encryption applications like TrueCrypt and benchmarks like PCMark. AMD HYPERTRANSPORT TECHNOLOGY HyperTransport Technology (HT or HTT) is a high-speed, low latency, point- n°4'crtr:".'n to-point link which helps reduce the number of buses in a system thus reducing system bottlenecks and enabling today's faster microprocessors to use system memory more efficiently in high-end multiprocessor systems. INTEGRATED DRAM CONTROLLER WITH AMD MEMORY OPTIMIZER TECHNOLOGY 1011111111. AMD FX Vishera Processor features a high-bandwidth, low-latency integrated memory controller that supports faster and low voltage memories and provides new Pre-Fetcher improvements and direct communications to each core in Dual-Core module (APIC registers in each core). g' Loading... Home Computer Hardware CPUs Processors Processors Desktops AMD Item#: N82E16819113285 LOADING... Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 13 of 28 Shop by Region: United States I Canada I China CUSTOMER SERVICE MY ACCOUNT COMPANY INFORMATION TOOLS & RESOURCES Contact Us Login/Register About Newegg Site Map Order Status My Dashboard Awards/Rankings Become an Affiliate Returns (RMA) Order History Hours and Locations Manufacturer News Center Frequently Asked Questions Returns History Careers Marketplace Sellers Return Policy Address Book Newsroom Mobile Apps Information Security Wish List Newegg Blog Sell to Newegg Privacy Policy Manage Subscriptions Calif. 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Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 14 of 28 FX-8350 Bulldozer Processor 7tirIN, Ir UNISON Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 15 of128 Log in or Register 'IR 0 Items I Wish List a Help "Nogg COM® WI ACCOUNT lird KRUM LATEST EMA.IL DEALS f1.1 Feedback 16.Shop All Stores T Keywords, Model or Item CPUs/ Processors SEARCH Marketplace ir Home Computer Hardware Processors Desktops AMD Item#: N82E16819113284 Amon AMD FX-8350 Vishera 4.0GHz (4.2GHz Turbo) Socket AM3+ QTY-1, $199.99 125W Eight-Core Desktop Processor FD8350FRHKBOX (730) I Write a Review r 1-year extended warranty $16.99 In stock. 0 ADD TO CART 32 nm Vishera 125W 8MB L3 Cache 4 x 2MB L2 Cache FO Add to Wish List Price Alert I9 Like 2.8k,Pind at Tweet 0 Ernad. ARE YOU AN E-BLAST INSIDER? Enter Email Address SUBSCRIBE Loading... Buzz lx Winner for Processors Customer Choice Award Overview Details Feedback Desktops Best bang for your buck...PERIOD! '144,14 One of the easiest processors to overclock ever. I'm not kidding here, I've been building/pushing systems beyond Newegg Junkie 11/4/2012 Good step 41444 I had a 965 black at 4.2ghz running ProE Wildfire and Solid Works. I am one of the few who use their computer for work.... 10/25/2012 New microarchitecture, new level of performance Write a Review Piledriver microarchitecture, a tuned-up Bulldozer, has finally reached the flagship AMD FX processors (the new FX series processors are codenamed as Vishera) for improved performance and better energy-efficiency. Up to eight "Piledriver' cores ensure unrivaled multitasking and pure core performance. The AMD Turbo Core technology pushes your core frequencies to the most when you need it most. To top it off, like all other AMD's Black Edition processors, the new AMD FX 8-core Vishera processor black edition is unlocked for fabulous overclocking* Get Educated capability. Unrivaled performance is not the only trick AMD has up their sleeve. Vishera processors are at a Make informed decisions with reasonable price point. (*AMD's product warranty does not cover damage caused by overclocking even when overclocking is enabled via AMD Overdrive software.) expert advice. NEW PILEDRIVER MICROARCHITECTURE PayPal Piledriver microarchitecture is the second generation of AMD Bulldozer Shop without retyping payment details. AM D microarchitecture. The internal core structure has been modified for higher Secure shopping made faster. frStrigs5Y1131gthgu0S922geOtitlfrititdietitilipPrDPftElven/26M Pageqebt'tztin PayPal. a more precise branch predictor and a larger instruction window with ISA extensions FMA3 and F16C. The execution units acquired an enhanced scheduler Financing and learned to process individual instructions faster, such as integer and floating- point division. And Piledriver microarchitecture delivers higher power efficiency Newegg Preferred Account compared with Bulldozer microarchitecture. No Payments + No Interest if paid in full in up to 12 Months. Minimum purchase required. UNLOCKED AMD FX PROCESSOR WITH 8 PILEDRIVER CORES Subject to credit approval. See Terms The native 8-core desktop processor delivers unrivaled multitasking and pure core performance with the new Piledriver microarchitecture. 32 nanometer die shrink Bi NM: Bill Me Later was designed to reduce leakage for improved efficiency, increased clock rate Later AMD headroom and better thermals. The unlocked technology offers more No Payments + No Interest if paid in full in 6 Months order headroom for your overclocking (AMD's product warranty does not cover damage on over $250. to credit See Terms caused by overclocking even when overclocking is enabled via AMD Overdrive Subject approval. software.). AMD TURBO TECHNOLOGY The AMD FX Processors come equipped with AMD Turbo CORE Technology, a pri•4 performance boosting technology that helps increase performance on the applications that need it the most. AMAZING INSTRUCTION CAPABILITIES Like Bulldozer, Piledriver has some amazing instruction capabilities. Advanced Elial Vector Extensions (AVX) increase parallelism tailored for scientific and 3D applications that use heavy floating point calculations. Floating Point Vector Multiply-Accumulate improves throughput and performance on many vector functions (integer and floating point). Advanced Encryption Standard noticeably increases performance on the latest encryption applications like TrueCrypt and benchmarks like PCMark. AMD HYPERTRANSPORT TECHNOLOGY HyperTransport Technology (HT or HTT) is a high-speed, low latency, point-to-point link which helps reduce the number of buses in a system thus reducing system bottlenecks and enabling today's faster microprocessors to use system memory more efficiently in high-end multiprocessor systems. INTEGRATED DRAM CONTROLLER WITH AMD MEMORY OPTIMIZER TECHNOLOGY 40.0. AMD FX Vishera Processor features a high-bandwidth, low-latency integrated memory controller that supports faster and low voltage memories and provides new Pre-Fetcher improvements and direct communications to each core in Dual-Core module (APIC registers in each core). Loading... Home Computer Hardware Processors Desktops AMD Item#: N82E16819113284 LOADING... Shop by Region: United States I Canada I China CUSTOMER SERVICE MY ACCOUNT COMPANY INFORMATION TOOLS & RESOURCES Contact Us Login/Register About Newegg Site Map Order Status My Dashboard Awards/Rankings Become an Affiliate Returns (RMA) Order History Hours and Locations Newsegg Information Center Frequently Asked Questions Returns History Careers Marketplace Sellers Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page jb"c Ar ell to Newegg 6 6 16 616 .roduct Review Auto Notifications Calif. Transparency Video Center in Chains Act Supply Rebates Affiliated Sites: Newegg Business EggXpert.com Follow us: rou For Business Needs Newegg Community 1:11 TrUStWaVe 110 AIXREDITED 1:25VerlSig) .BEU3 5 0 NE=IN Policy &Agreement I Privacy Policy 2000-2013 Newegg Inc. All rights reserved. Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 18 of 28 FX-8370 Bulldozer Processor 7tirIN, Ir 1114[11132111110 Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 19 of128 TRY P REM1ER Sign up today for a 30-day free trial of Newegg Premier -11 Lo. in or Re. ister 0 Items Wish List IA Feedback Cf., Help neWegr MY ACCOUNT MY NEWEGG EMAIL DEALS GIFT corium UWE GG F LAS H CRATE Shop All Stores V Keywords, Model or Item Search all SEARCH Marketplace ir1 Home Computer Hardware CPUs Processors Processors Desktops AMD Remit N82E16819113374 AMDri AMD FX-8370 Vishera 8- Core 4.0GHz (4.3GHz QTY-1, I nREM1ER $199.99 Turbo) Socket AM3+ 125W $2.99 Shipping, 14%, I Desktop Processor FD8370FRHKBOX,,ped by Newegg MINI. rri.,1, 44444 (3) I Write a Review Protect Your Investment! .:-:t..:... In stock. n 1 Year Accidental Damage Coverage .0".41101. $18.00 v.citasstszirm 32nm Vishera 125W Send It As A Gift! 8MB L3 Cache 4 x 2MB L2 Cache I— Make this item a gift Cr Ask Or Answer A Question ADD TO CART p... See 34..questions I 203 answers Q Add to Wish List Price Alert El Like 108 Ari AP Tweet 0 1 Ernait ARE YOU AN E-BLAST INSIDER? Loading... Enter Email Address sUBSCRIBE Specifications Reviews PayPar Shop without retyping payment details. Learn more about FX-8370 Secure shopping made faster. Check out with PayPal. Model Brand AMD Preferred Account Series FX-Series Newegg No Payments + No Interest if paid in full in up Model FD8370FRHKBOX to 12 Months. Minimum purchase required. Subject to credit approval. See Terms CPU Socket Type Bill Mu Bill Me Later CPI pe Socket AM3+ Later No Payments + No Interest if paid in full in 6 Months on order over Tech $250. Spec Subject to credit approval. See Terms Core Name Vishera I of Cores 8-Core Name FX-8370 Operating Frequency 4.0GHz (4.3GHz Turbo) L2 Cache 4 x 2MB L3 Cache 8MB Manufacturing Tech 32nm Case Document 1-6 Filed 10/26/15 Page 20 of 28 5,i15-cv-04922es Virtualization Technolowy. Yes Support Thermal Design Power 125W Cooling Device Heatsink and fan included Quick Info Warranty Limited Warranty period (parts): 3 years Limited Warranty period (labor): 3 years Manufacturer Contact Info Are. Website: rtd.com/ Support Phone: 1-877-284-1566 Support Website View other products from AMD g! Loading... Home Computer Hardware CPUs Processors Processors Desktops AMD Item#: N82E16819113374 Shop by Region: United States I Canada I China Select Language Powered by, Translate CUSTOMER SERVICE MY ACCOUNT COMPANY INFORMATION TOOLS & RESOURCES Contact Us Login/Register About Newegg Site Map Order Status My Dashboard Awards/Rankings Become an Affiliate Returns (RMA) Order History Hours and Locations Manufacturer News Center Frequently Asked Questions Returns History Careers Marketplace Sellers Return Policy Address Book Newsroom Mobile Apps Information Security Wish List Newegg Blog Sell to Newegg Privacy Policy Newegg Notifications Calif. Transparency Product Review in Chains Act Gift Cards Newegg Subscriptions Supply Video Center Trade-in Program Auto Notifications Rebates Tech Support Affiliated Sites: Newegg Business Newegg Community For Business Needs Newegg Community iNarton Trustwave Inc. BBB. 5 0 51.718.te-e L7.1 F.7-..loy: 111==.1 Policy &Agreement I Privacy Policy 2000-2014 Newegg Inc. All rights reserved. Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 21 of 28 FX-9370 Bulldozer Processor 7tirIN, Ir UNISON Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 22 of128 TRY P REMIER Sign up today for a 30-day free trial of Newegg Premier Log in or Register "1•1 0 Items I Wish List (+1 Feedback (.2) Help mow ACCOUNT MY NEWEGG EMAIL DEALS GIFT CARDS s usD Shop All Stores ir Keywords, Model or Item Search all SEARCH Marketplace ir Home Computer Hardware CPUs Processors Processors Desktops AMD Remit N82E16819113352 AMDO AMD FX-9370 Vishera 4.4GHz Socket AM3+, 1 A 220W 8-Core Desktop QTY 11 1 CREWER Processor Black Edition $299.99 FD9370FHHKWOX with Liquid Cooling Kit 4..144 (48) I Write a Review i ADD TO CART 1.. i .t.7 _...1.- AL. 0 —Newegg po46), In stock. Add to Wish List Price Alert 32nm Vishera 220W 8MB L2 Cache ARE YOU AN E-BLAST INSIDER? Ask Or Answer A Question Enter Email Address SUBSCRIBE ee 33 auestions I 198 answers More Resources AMD FX Install Guide e: Loading... Get Educated Specifications Reviews ;‘Overview Make informed decisions with expert advice. This CPU is only compatible with the selected 990FX motherboards. For example: ASUS Crosshair V Formula-Z, GIGABYTE GA-990FXA-UD7 and ASRock 990FX Extrema. PayPalShopwithout retyping payment details. Please check motherboard manufacturers for CPU compatibility. Secure shopping made faster. Check out with PayPal. *AMD's product warranty does not cover damage caused by overclocking (even when overclocking is enabled via AMD OverDrive software). AMD TURBO CORE TECHNOLOGY Newegg Preferred Account The AMD FX Processors come equipped with AMD Turbo CORE rim• No + No Interest if in full in Technology. AMD Turbo CORE Technology is a performance boosting Payments paid up to 12 Months. Minimum purchase required. technology that helps increase performance on the applications that need it Subject to credit approval. See Terms the most. M• Bill Me Later Later NEW INSTRUCTION CAPABILITIES No Payments + No Interest if paid in full in 6 AVX (Advanced Vector Extensions) increase parallelism tailored for I Months on order over $250. I scientific and 3D that use calculations. applications heavy floating point Subject to credit approval. See Terms FMA4 and XOP Floating Point Vector Multiply Accumulate improves throughput and performance on many vector functions (integer and floating point). AES (Advanced Encryption Standard) noticeably increases performance on the latest encryption applications like TrueCrypt and benchmarks like PCMark. AMD BALANCED SMART CACHE Shared L3 cache (up to 8MB), improved scheduling and pre-fetch capabilities, 64-ways (16-ways/sub-cache), increased data queue sizes, and coherency for eight-cores. Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 23 of 28 HYPERTRANSPORT TECHNOLOGY One 16-bit link at up to 5600MTps, up to 8.0GBps HyperTransport I/0 t+nrATgrmr4 bandwidth, up to 16GBps in HyperTransport Generation 3.0 mode, and up to 37GBps total delivered processor-to-system bandwidth (HyperTransport bus + memory bus). Benefit: Quick access times to system I/0 for better performance. INTEGRATED DRAM CONTROLLER WITH AMD MEMORY OPTIMIZER TECHNOLOGY A high-bandwidth, low-latency integrated memory controller, supports up to DDR3-1866, supports new low voltage memories of 1.35V and 1.2V, up to 29.9GBps memory bandwidth for DDR3, new pre-fetcher improvements, and direct communications to each core in the dual-core module (APIC registers in each core). Benefit: Optimized memory controller to feed more cores. AMD VIRTUALIZATION (AMD-V) TECHNOLOGY WITH IOMMU Silicon feature-set enhancements are designed to improve the performance, reliability, and security of existing and future virtualization environments by allowing virtualized applications with direct and rapid access to their allocated memory. IOMMU is an extension to AMD64 architecture to support address translation and access protection on DMA transfers. An array of security options delivers the maximum protection for user-level applications and virtual machine guest operating systems, including address translation and access control, device isolation, device assignment in virtualized systems, security and trusted boot support, and unified interrupt management. Loading... Home Computer Hardware CPUs Processors Processors Desktops AMD Item#: N82E16819113352 Related Products 13 n 1:1 0 AMD FX-4130 Zambezi AMD FX-6100 Zambezi AMD FX-4300 Vishera AMD FX-6200 Zambezi 3.8GHz Socket AM3+ 3.3GHz Socket AM3+ 3.8GHz (4.0GHz) 3.8GHz (4.1GHz Turbo) Desktop Processor 95W Desktop Socket AM3+ 95W Socket AM3+ Model Brand AMD Series Unlock and load. Blow Model Brand AMD Series Model Brand AMD Series FX Series Model away the competition FX Series Model FX Series Model Quidwiew Quidwiew Quiclwiew Quiclwiew Related Searches amd fx 4100 zambezi amd fx 8150 zambezi amd phenom ii processor amd phenom ii x2 processor socket am3 amd amd fx 8120 zambezi Shop by Region: United States I Canada I China CUSTOMER SERVICE MY ACCOUNT COMPANY INFORMATION TOOLS & RESOURCES Contact Us Login/Register About Newegg Site Map Order Status My Dashboand Awards/Rankings Become an Affiliate Returns (RMA) Order History Hours and Locations Manufacturer News Center Frequently Asked Questions Returns History Careers Marketplace Sellers Return Policy Address Book Newsroom Mobile Apps Information Security Wish List Newegg Blog Sell to Newegg Privac Polio Mane. e Subscri.tions Calif. Trans.arenc Product Review Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 24 of 28 Affiliated Sites: NeweggBusiness Newegg Community s+ For Business Needs Newegg Community fl 9 112 Trustwave ../Norton ACCRIEMED 1:1:1 5 0 Syne.let =1,71.f. 111=0 Policy & Agreement I Privacy Policy C) 2000-2014 Newegg Inc. All rights reserved. Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 25 of 28 FX-9590 Bulldozer Processor 7tirIN, Ir 1114[11132111110 Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 26 of128 TRY P REMIER Sign up today for a 30-day free trial of Newegg Premier Log in or Register VIP 0 Items I Wish List (2) Help lieweggcone MY ACCOUNT MY HEINEN LATEST EMAIL DEALS GIFT CARDS MI. [1•1 Feedback Shop All Stores v Keywords, Model or Item a.. SEARCH Marketplace v Home Computer Hardware CPUs Processors Processors Desktops AMD Item#: N82E16819113351 AMDP AMD FX-9590 Vishera 4.7GHz Socket AM3+. 220W Eight-Core Desktop QTY' 11 1 ivR E AO ER ;I•. e, s 1 V litiodhuyi Processor Black Edition $369.99 FD9590FHHKWOX with Save: $50 00 (12%) '14.43kas.;414, rel._ li Liquid Cooling Kit Newegg e'r Free FarCry3 Dragon Blood game w/ purchase, limited offer Protect Your Investment! VVrite Review (33) I a I— 1 Year Extended Replacement Plan $40.99 ---:•-f 0 .e•-r- In stock. Send It As A Gift! 32nm Vishera 220W 0 r Make this item a gift Cr 8MB L2 Cache LC(&SIRENS ADD TO CART 1. Ask Or Answer A Question W. Add to Wish List Price Alert See 84.questions I 403 answers g] Like I(1.9kI ARE YOU AN E-BLAST INSIDER? 111. Tweet 0 Enter Email Address sUBSCRIBE Loading... More Resources AMD FX Install Guide I Overview Specifications Reviews Get Educated Make informed decisions with expert advice. PayPal' Shop without retyping payment details. Secure shopping made faster. Check out with PayPal. Newegg Preferred Account No Payments + No Interest if paid in full in up The AMD FX-9590 is the world's first 5GHz CPU processor with 4.7GHz base frequency and 5GHz turbo to 12 Months. Minimum purchase required. to credit See Terms frequency. The ground-breaking frequency with eight cores delivers new levels of gaming and multimedia Subject approval. performance for desktop enthusiasts. You can immerse yourself in the most advanced 3D games, and achieve extreme mega-tasking with ease. cigar& Bill Me Later Later Based on the 32nm "Piledriver" architecture, the AMD FX-9590 is fully unlocked for easy overclocking, and No Payments + No Interest if paid in full in 6 the for enthusiasts to CPU and related AMD Turbo paves way enjoy higher speeds performance gains*. Months on order over $250. Core 3.0 technology dynamically optimizes performance across CPU cores, and enables maximum Subject to credit approval. See Terms computing for the most intensive workloads. Dive into pure core perforeaSeaa:Mreave049202tdaocumetatargi-fitrerFeile7101012E6/15 Page 27 of 28 This CPU is only compatible with the selected 990FX motherboards. For example: ASUS Crosshair V Fonnula-Z, GIGABYTE GA-990FXA-UD7 and ASRock 990FX Extreme9. Please check motherboard manufacturers for CPU compatibility. *AMD's product warranty does not cover damage caused by overclocking (even when overclocking is enabled via AMD OverDrive software). AMD TURBO CORE TECHNOLOGY The AMD FX Processors come equipped with AMD Turbo CORE r9j_.A Technology. AMD Turbo CORE Technology is a performance boosting technology that helps increase performance on the applications that need it the most. NEW INSTRUCTION CAPABILITIES AVX (Advanced Vector Extensions) increase parallelism tailored for APICIa scientific and 3D applications that use heavy floating point calculations. FMA4 and XOP Floating Point Vector Multiply Accumulate improves throughput and performance on many vector functions (integer and floating point). AES (Advanced Encryption Standard) noticeably increases performance on the latest encryption applications like TrueCrypt and benchmarks like PCMark. AMD BALANCED SMART CACHE Shared L3 cache (up to 8MB), improved scheduling and pre-fetch OEM capabilities, 64-ways (16-ways/sub-cache), increased data queue sizes, and coherency for eight-cores. HYPERTRANSPORT TECHNOLOGY One 16-bit link at up to 5600MTps, up to 8.0GBps HyperTransport I/0 bandwidth, up to 16GBps in HyperTransport Generation 3.0 mode, and up to 37GBps total delivered processor-to-system bandwidth (HyperTransport bus + memory bus). Benefit: Quick access times to system I/0 for better performance. INTEGRATED DRAM CONTROLLER WITH AMD MEMORY OPTIMIZER TECHNOLOGY A high-bandwidth, low-latency integrated memory controller, supports up to DDR3-1866, supports new low voltage memories of 1.35V and 1.2V, up to 29.9GBps memory bandwidth for DDR3, new pre-fetcher improvements, and direct communications to each core in the dual-core module (APIC registers in each core). Benefit: Optimized memory controller to feed more cores. '41V AMD VIRTUALIZATION (AMD-V) TECHNOLOGY WITH IOMMU Silicon feature-set enhancements are designed to improve the performance, reliability, and security of existing and future virtualization environments by allowing virtualized applications with direct and rapid access to their allocated memory. IOMMU is an extension to AMD64 architecture to support address translation and access protection on DMA transfers. An array of security options delivers the maximum protection for user-level applications and virtual machine guest operating systems, including address translation and access control, device isolation, device assignment in virtualized systems, security and trusted boot support, and unified interrupt management. g! Loading... Home Computer Hardware CPUs Processors Processors Desktops AMD Item#: N82E16819113351 Case 5:15-cv-04922 Document 1-6 Filed 10/26/15 Page 28 of 28 LOADING... 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Case 5:15-cv-04922 Document 1-7 Filed 10/26/15 Page 1 of 2 JS 44 (Rev. 12/12) cand rev (1/15/13) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) ’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4 of Business In This State ’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES ’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act ’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust ’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking ’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce & Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation ’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and ’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV ’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange ’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions ’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts ’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters ’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information ’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure ’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision ’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of ’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes ’ 245 Tort Product Liability Accommodations ’ 530 General ’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Employment Other: ’ 462 Naturalization Application ’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration Other ’ 550 Civil Rights Actions ’ 448 Education ’ 555 Prison Condition ’ 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) ’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION Brief description of cause: VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2) (Place an “X” in One Box Only) ( ) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKA JS 44 Reverse (Rev. 12/12) Case 5:15-cv-04922 Document 1-7 Filed 10/26/15 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.