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DRAM Class Action FAQs

What has happened in this litigation?

The DRAM Second Further Amended Consolidated Notice of Civil Claim was entered in the Supreme Court of British Columbia on January 8, 2013 (original filed on December 20, 2004).

The plaintiff lost its application for class certification in the Supreme Court of British Columbia in 2007 but was successful on appeal to the British Columbia Court of Appeal on November 12, 2009.

The class action was certified by the British Columbia Court of Appeal on February 23, 2010 (Pro-Sys Consultants v. Infineon Technologies AG, 2010 BCCA 91). The Supreme Court of Canada refused the defendants’ application for leave to appeal on June 3, 2010 (DRAM SCC Judgment Denying Leave to Appeal) and refused the defendants’ application for reconsideration of the denial of leave on May 17, 2012 (DRAM SCC Judgment Denying Reconsideration of Leave).

Class actions have also been initiated in Ontario and Quebec.

The Ontario class actions have only been certified against certain defendants for settlement purposes only.

In Quebec, the plaintiffs lost their application for authorization (certification) of a class proceeding in the Superior Court of Quebec. They were successful on appeal, and the Quebec Court of Appeal authorized (certified) the class proceeding on November 16, 2011 (DRAM Quebec Certification Reasons). The defendants were granted leave to appeal the Quebec Court of Appeal decision to the Supreme Court of Canada on May 17, 2012 (DRAM Supreme Court of Canada Leave Order). The appeal was heard on October 17, 2012. The Court has not yet released a decision

Are there any settlements?

The plaintiffs in BC, Ontario, and Quebec have reached settlements with seven groups of defendants:

  • Elpida Memory Inc. and Elpida Memory (USA) Inc. (“Elpida”), for $5.75 and cooperation;
  • Micron Technology Inc. and Micron Semiconductor Products Inc. doing business as Crucial Technologies (“Micron”), for $17.5 million and cooperation;
  • Nanya Technology Corporation and Nanya Technology Corporation USA (“Nanya”) for $325,000;
  • NEC Corporation of America , NEC Canada Inc., Renesas Electronics Corporation and Renesas Electronics America Inc. (“NEC”) for $2.75 million and cooperation; and
  • Hitachi Electronic Devices (USA), Inc. Hitachi Power Systems Canada Ltd. and Renesas Electronics Canada Ltd. (“Hitachi and Renesas Canada”) for $2.75 million and cooperation.
  • Hynix Semiconductor Inc., Hynix Semiconductor America Inc. and Hynix Semiconductor Manufacturing America Inc. (“Hynix”) for $15,600,000 and cooperation; and
  • Samsung Electronics Co. Ltd., Samsung Semiconductor Inc., Samsung Electronics America Inc., and Samsung Electronics Canada Inc. (“Samsung”) for $22,600,000 and cooperation.

In exchange, the settling defendants receive full releases relating to the BC, Ontario and Quebec actions.

Notice of the Elpida settlement was published on April 2, 2012. The BC Court approved the notices and certified the BC action against Elpida for settlement purposes on January 26, 2012. The Ontario court approved the notices and certified the Ontario action against Elpida for settlement purposes on March 27, 2012. The Quebec court also approved the notices and certified the Quebec action against Elpida for settlement purposes on March 27, 2012.

Copies of the notices are available on the main DRAM Class Action page.

The BC Court approved the Elpida Settlement Agreement on June 13, 2012.  The Ontario Court approved the Elpida Settlement Agreement on June 20, 2012. The Quebec Court approved the Elpida Settlement Agreement on June 27, 2012.

Notices of the Micron, Nanya, NEC and Hitachi and Renesas Canada settlement agreements were published on January 8, 2013.

The BC Court approved the Micron, Nanya, NEC and Hitachi and Renesas Canada Settlement Agreements on February 28, 2013. The Ontario Court Approved the Micron, Nanya, NEC and Hitachi and Renesas Canada Settlement Agreements on February 6, 2013. The Quebec Court approved the Micron, Nanya, NEC and Hitachi Settlement Agreements on March 14, 2013 .

Notices of the Hynix and Samsung settlement agreements were published on May 31, 2013.

Motions to approve the Hynix and Samsung settlement agreements will be heard as follows:

  • British Columbia: at the Vancouver courthouse on June 27, 2013 at 9 a.m.
  • Quebec: at the Montreal courthouse, courtroom 2.08, on June 25, 2013 at 2 p.m.
  • Ontario: at the Toronto courthouse on July 16, 2013 at 9:30 a.m.

Any objections must be received by Class Counsel before June 21, 2013. For further information, see the main DRAM Class Action page and the notices posted there.

The class actions in BC, Ontario and Quebec are continuing against the non-settling defendants.

Who benefits from the settlements?

You are a member of the settlement class if you fit into one of the following three categories:

1. BC Settlement Class

All Persons resident in British Columbia at the time of purchase and/or at the time of notice who purchased DRAM Products during the Settlement Class Period, except Excluded Persons.

2. Ontario Settlement Class

(a) All Persons resident in Canada at the time of purchase and/or at the time of notice who purchased DRAM Products during the Settlement Class Period, except Excluded Persons and Persons who are included in the BC Settlement Class and the Quebec Settlement Class; and

(b) all Persons resident in the United States at the time of purchase and/or at the time of notice who purchased DRAM Products in Canada during the Settlement Class Period to the extent that such Persons have actual or potential claims as against the Defendants in respect of DRAM Products that have not been wholly or completely settled or extinguished in the U.S. Settlement or otherwise in respect of the U.S. Proceedings.

3. Quebec Settlement Class

All Persons resident in Quebec at the time of purchase and/or at the time of notice who purchased DRAM Products during the Settlement Class Period, except Excluded Persons and any legal person established for a private interest, partnership or association which at any time between October 5, 2003 and October 5, 2004 had under its direction or control more than 50 persons bound to it by contract of employment or that is not dealing at arm’s length with Option consommateurs.

DRAM Products generally means DRAM and products containing DRAM (but does not include SRAM).

Settlement Class Period means April 1, 1999 to June 30, 2002.

Excluded Persons generally means the defendants and their related companies and officers and directors.

Do I have to do anything to be a settlement class member?

You do not need to do anything as long as you fall within one of the definitions above, and you want to participate as a class member. You are entitled to participate in the settlements and you will be legally bound by the result of the ongoing actions in BC, Ontario and Quebec. You are also be entitled to participate in any future settlements and/or judgments against the remaining defendants.

If you do not fall within the definitions, you cannot be a settlement class member.

Will I get any money?

The Plaintiffs and Class Counsel are currently engaged in the construction of a settlement distribution program and a claims process for the benefit of class members. Class Counsel have retained the Honourable Ian Binnie, a retired justice of the Supreme Court of Canada, and Dr. Thomas Ross, a senior economist with the Sauder School of Business, to provide independent advice and findings about how to distribute the settlement funds among class members. Please see the main DRAM page for more information.

The Courts will be asked to approve the distribution and claims process at a future date. Advance notice of that hearing will be provided. If you contact Class Counsel, notice will be sent directly to you. Until then, the settlement funds will be held in trust for the benefit of the settlement class members.

Settlement Class members may be required to file a claim for payment at a later time. Settlement Class members who have proof of purchase of DRAM Products purchased during the Class Period (April 1, 1999 to June 30, 2002) should retain those proofs of purchase. Class Counsel recognize that not all class members will have proof of purchase.

Until then, the settlement funds will be held in trust for the benefit of the settlement class members.

What if I do not want to be a member of the settlement class?

The period to opt out of the class action has passed. If you fall within one of the definitions of the settlement class above, you are a class member. You can participate in the settlements and collect any money that may be paid to class members as a result of it or any future settlements or judgments in respect of the DRAM class proceedings across Canada. You cannot bring your own lawsuit and you will be bound by the result of the class action.

Who pays the lawyers?

The lawyers get paid a percentage of the funds received in settlement or at trial plus expenses and taxes out of the funds received. The Courts determine the amount of the lawyers’ fees and expenses to be paid from any settlement or judgment.

The court previously approved legal fees of 20% of paid from the Elpida, Micron, Nanya, NEC, and Hitachi and Renesas Canada settlement funds plus expenses and taxes out of the same settlement funds.

Class Counsel will be bringing a further application to collectively request legal fees of up to 30% of the total settlement funds, plus disbursements and applicable taxes to be paid out of the settlement funds.

Class Counsel will request these fees at the hearings to approve the distribution of settlement funds to Settlement Class members. Notice of that hearing and a deadline for any objections to Class Counsel’s fees will be provided at that time. If you contact Class Counsel, notice will be sent directly to you.

Who can I contact if I have more questions?

Please contact one of the Class Counsel below, based on where you live:

Residents of BC:

Camp Fiorante Matthews Mogerman
attn: J.J. Camp, Q.C.
604-689-7555 or 1-800-689-2322
jjcamp@cfmlawyers.ca

Residents of Quebec:

Belleau Lapointe
attn: Maxime Nasr
514-987-6700
info@belleaulapointe.com

Residents of the rest of Canada or the US:

Sutts Strosberg LLP
attn: Heather Rumble Peterson
1-800-229-5323 ext. 8296
dramclassaction@strosbergco.com

 

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