Frequently Asked Questions
- What does the settlement provide?
- How do I submit a claim?
- When would I get my new ATI graphics card or cash payment?
- What am I giving up to participate in the proposed settlement?
- How do I opt out of the settlement class?
- If I remain in the case, can I still sue ATI for the same thing?
- If I opt out from the settlement, can I still get a new ATI graphics card?
- How do I tell the Court that I don’t like the settlement?
- What’s the difference between objecting to the proposed settlement and opting out?
- What happens if I do nothing at all?
- When will the Court decide whether to approve the proposed settlement?
- Do I have a lawyer in the case?
- Are there more details about the proposed settlement and how do I get more information?
1. What does the settlement provide?
If 55,500 or fewer authorized claims are submitted, each authorized claimant will receive one Radeon® 4650 512MB PCI express graphics card for each authorized claim they submit. If greater than 55,500, but less than 71,501, authorized claims are submitted, each authorized claimant will receive one Radeon® 2400 256MB PCI express graphics card for each authorized claim he or she submits.
If greater than 71,500 authorized claims are submitted, each authorized claimant will receive a cash payment in the amount of his or her pro rata share of $3,000,000. For example, if the total number of authorized claims is 71,501, each authorized claimant will receive a check in the amount of $41.95 for each authorized claim he or she submits. The amount of any potential cash payment thus will vary depending on the number of authorized claims.
You may submit your claim by (1) filing your claim online (2) generating a personalized Claim Form to print and mail using this website (3) Call 1-888-309-9567 to request a Notice and Claim Form, or (4) Write to the Claims Administrator at the address below and request a Notice and Claim Form be sent to you.
ATI HDCP Notice and Claims Administrator
P.O. Box 6177
Novato, CA 94948-6177
If you opt to mail your Claim Form, you must read the instructions carefully, answer the questions and fill out the form as directed in the instructions, include all the documents the form asks for, and sign the Claim Form under penalty of perjury. You must mail the Claim Form postmarked on or before November 9, 2009. If you fail to mail your Claim Form by the required date, your claim will be rejected, and you will be deemed to have waived all rights to receive any benefits under this settlement.
To file your claim online or generate a personalized Claim Form using this website, click here.
3. When would I get my new ATI graphics card or cash payment?
The Court will hold a settlement hearing on August 31, 2009 at 9:00 a.m., to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals. The appeal process can take time, perhaps more than a year. Please be patient. You should receive your award within 150 days after the resolution of any appeals, or within 150 days after the Court approves the settlement if there are no appeals.
4. What am I giving up to participate in the proposed settlement?
If you remain in the class, you will be eligible to participate in the settlement and receive either a new ATI graphics card or cash. If you remain in the class, that also means that you can’t sue or be part of any other lawsuit against ATI about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you and you will be deemed to release Defendants and certain other persons and entities from any future claims concerning the issues in this lawsuit.
5. How do I opt out of the settlement class?
If you don’t want to be included in the proposed settlement, but you want to keep the right to sue Defendants on your own about the legal issues in this case, then you must take affirmative steps to exclude yourself from the settlement class. This is sometimes referred to as opting out of the settlement class.
To opt out from the proposed settlement, you must send a letter by either (a) hand delivery; (b) registered or certified mail, return-receipt requested, postage pre-paid; (c) FedEx or similar overnight courier; or (d) First-Class Mail, postage pre-paid saying that you want to be excluded from In re ATI Tech. HDCP Litigation, Case No. 5:06-CV-01303-JW. Be sure to include your name, address, telephone number, and your signature. Your request to be excluded from the settlement must be postmarked no later than August 10, 2009. Please mail your letter to:
| Scott A. Kamber | David C. Parisi | |
| KamberEdelson, LLC | Parisi & Havens LLP | |
| 11 Broadway, 22nd Floor | 15233 Valleyheart Drive | |
| New York, NY 10004 | Sherman Oaks, CA 91403 |
You can’t exclude yourself by phone. If you ask to be excluded, you will not participate in the settlement and cannot object to its terms. You also will not be legally bound by anything that happens in this lawsuit.
6. If I remain in the case, can I still sue ATI for the same thing?
No. If you remain in the case, you will give up any right to sue ATI for the claims that this settlement resolves. You must exclude yourself from the settlement class to pursue your own lawsuit. Remember, your exclusion must be postmarked on or before August 10, 2009.
7. If I opt out from the settlement, can I still get a new ATI graphics card?
No. If you opt out from this settlement, please do not send in a Claim Form as you will not be eligible to participate in the settlement of this dispute.
8. How do I tell the Court that I don’t like the settlement?
If you are a class member, you can object to the proposed settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to In re ATI Tech. HDCP Litigation, Case No. 5:06-CV-01303-JW. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. The objection and any supporting papers must be mailed to and actually received by all of the following addressees no later than August 10, 2009.
| Court | Class Counsel | Defense Council |
| Clerk of the Court United States District Court Northern District of California San Jose Division 280 South 1st Street San Jose, CA 95113 |
Scott A. Kamber KAMBEREDELSON, LLC 11 Broadway, 22d Floor New York, NY 10004 and David C. Parisi Parisi & Havens LLP 15233 Valleyheart Drive Sherman Oaks, CA 91403 |
Margaret M. Zwisler Latham & Watkins LLP 555 Eleventh Street, N.W. Suite 1000 Washington, D.C. 20004 and Charles H. Samel Latham & Watkins LLP 355 South Grand Avenue Los Angeles, CA 90071 |
9. What’s the difference between objecting to the proposed settlement and opting out?
Objecting to the proposed settlement is simply telling the Court that you don’t like something about the settlement. You can object only if you remain in the Class.
Opting out is telling the Court that you don’t want to be part of the settlement class. If you exclude yourself, you have no basis to object because the case no longer affects you.
10. What happens if I do nothing at all?
If you do nothing, you will not receive a new ATI graphics card or money from this proposed settlement. But, unless you opt out, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against ATI about the legal issues in this case.
11. When will the Court decide whether to approve the proposed settlement?
The Court will hold a Settlement Hearing at 9:00 a.m. on August 31, 2009 at the United States District Court for the Northern District of California, San Jose Division, in Courtroom 8 (4th Floor) located at 280 South 1st Street, San Jose, California 95113. At this hearing the Court will consider whether the settlement, including the proposed distribution plan is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also consider how much to pay to class counsel. After the hearing, the Court will decide whether to approve the proposed settlement. We do not know how long these decisions will take.
You are welcome to come to the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was received on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. Finally, you may seek to intervene in the action, but you need not do so.
You may ask the Court for permission to speak at the Settlement Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear” in In re ATI Tech. HDCP Litigation, Case Number 5:06-CV-01303-JW. Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be received by the Court, Class Counsel AND Defense Counsel no later than August 10, 2009. You cannot speak at the hearing if you have opted out of the settlement class.
12. Do I have a lawyer in the case?
The class is represented in this case by Scott A. Kamber and Michael J. Aschenbrener of KamberEdelson, LLC; and David C. Parisi and Suzanne Havens Beckman of Parisi & Havens LLP. These lawyers are called class counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court to award attorneys’ fees and expenses in an amount not to exceed $3,500,000. These amounts will come from the amounts that ATI has agreed to pay to resolve this dispute. Please see the Settlement Agreement for further information on any attorneys’ fees or expense award that may be sought by class counsel.
13. Are there more details about the proposed settlement and how do I get more information?
More details are contained in the Settlement Agreement. To download a copy of the Settlement Agreement, click here.
Copies of the Settlement Agreement and the pleadings and other documents relating to the case are on file at the United States District Court for the Northern District of California, San Jose Division, and may be examined and copied at any time during regular office hours at the Office of the Clerk, 280 South 1st Street, San Jose, CA 95113.