DRAM

1. A proposed class action was commenced in Ontario against the defendants Infineon Technologies AG, Infineon Technologies Corporation, Infineon Technologies North America Corporation, Hynix Semiconductor Inc., Hynix Semiconductor America Inc., Hynix Semiconductor Manufacturing America, Inc., Samsung Electronics Co., Ltd., Samsung Semiconductor, Inc., Samsung Electronics America, Inc., Samsung Electronics Canada Inc., Micron Technology, Inc., Micron Semiconductor Products, Inc. o/a Crucial Technologies, Mosel Vitelic Corp., Mosel Vitelic Inc. and Elpida Memory Inc..

2. A second class action was commenced in Ontario against the defendants Hitachi Ltd., Hitachi America, Hitachi Electronic Devices (USA), Hitachi Canada Ltd., Mitsubishi Electronic Corporation, Mitsubishi Electric Sales Canada Inc., Mitsubishi Electric & Electronics USA, Inc., Nanya Technology Corporation, Nanya Technology Corporation USA, NEC Corporation, NEC Corporation of America, NEC Canada, Renesas Electronics Corporation fka NEC Electronics Corporation, Renesas Electronics America, Inc. fka NEC Electronics America, Inc., Renesas Electrionics Canada Ltd., Toshiba Corporation, Toshiba America Electronics Components Inc., Toshiba of Canada Limited, Winbond Electronics Corporation and Winbond Electronics Corporation America.

3. The lawsuits allege that the defendants conspired to fix the price at which Dynamic Random Access Memory ("DRAM") was sold in Canada and worldwide. DRAM is the most commonly used semiconductor memory product, providing high-speed storage and retrieval of electronic information for a wide variety of computer, telecommunications and consumer electronics products. The defendants were the primary manufacturers of DRAM for supply to consumers and to original equipment manufacturers of a wide variety of products including personal computers, laptop computers, workstation computers and servers.

4. The Ontario plaintiffs seek to represent all persons in Canada, except British Columbia and Québec, who purchased DRAM or products which contain DRAM manufactured by the defendants during the class period, namely July 1, 1999 to June 30, 2002.

5. The law firms of Sutts, Strosberg LLP and Harrison Pensa LLP are prosecuting the Ontario actions together. Companion class actions are being prosecuted in British Columbia and Québec.  Counsel in the four class actions are working co-operatively to prosecute the actions nationally with British Columbia and Québec taking the lead.

6. Certification as a class proceeding was first sought in British Columbia. The plaintiffs lost their application for class certification in the Supreme Court of British Columbia in 2007 but were 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. The defendants' motion for leave to appeal to the Supreme Court of Canada was denied on June 3, 2010.

7. The plaintiffs also lost their application for certification in the Superior Court of Québec, District of Montreal in 2008 but were similarly successful on appeal to the Québec Court of Appeal on November 16, 2011. The class action was authorized by the Québec Court of Appeal.  The defendants have sought leave to the Supreme Court of Canada.

National Settlement and Certification for Settlement Purposes

8.    The plaintiffs in the actions have reached a settlement with the defendants Elpida Memory, Inc. and Elpida Memory (USA) Inc.  The settling defendants did not admit liability but they agreed to pay $5,845,833.33 for the benefit of the settlement class members and provide co-operation to the plaintiffs in prosecuting the actions against the non-settling defendants.  The settlement agreement may be viewed here.

9.    The short form Notice of Certification and Settlement Approval Hearings may be viewed here (English) (French).  The long form Notice of Certification and Settlement Approval Hearings may be viewed here (English) (French).

10.    The courts in Ontario, British Columbia and Québec have certified the class actions against the Elpida defendants for settlement purposes only.  The Ontario Settlement Class is defined as:

(i)    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 B.C. Settlement Class and the Québec Settlement Class; and

(ii)    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.

Instructions for members of the Ontario Settlement Class who do not want to participate in the class actions and the settlement are detailed in the Noticesand the certification order (paragraphs 7 to 9).  The Deadline to exclude yourself or “opt out” of the class actions is June 2, 2012. Members of the Ontario Settlement Class who do not want to participate in the class actions and the settlement must complete and sign the Opt Out Form and send it by prepaid mail (postmarked no later than June 2, 2012) to Class Counsel as follows:

      DRAM class action
      c/o Sutts, Strosberg LLP
      600-251 Goyeau Street
      Windsor,  ON  N9A 6V4
      Attn: Heather Rumble Peterson

11.    The settlement will only become effective if it is approved by the courts in Ontario, British Columbia and Québec.  The Settlement Approval Hearings will be held in Toronto, Ontario on June 20, 2012 at 9:00 am, Vancouver, British Columbia on June 13, 2012 at 9:00 am and Montréal, Québec on June 22, 2012 at 9:30 am.  Instructions on how to make submissions to the courts on the settlement are detailed in the Notices.  The deadline for submissions on the settlement is June 2, 2012.

12. The plaintiffs in Ontario will continue to prosecute their actions against the non-settling defendants only and will be moving for certification in the actions. 

13. For more information on the settlement, you should review the Notices above and the FAQ’s on this site.  Pour de plus amples information en français, vous pouvez consulter le site internet: www.recourscollectif.info/fr/dossiers/dram.

14. If you would like to speak to someone at Sutts, Strosberg LLP about these class actions, please use our toll free line 1. 800.229.5323, extension 296.

15. If you would like to know more about how a class action works, click here.