`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`VLSI TECHNOLOGY LLC,
`
`Plaintiff,
`
`v.
`
`C.A. No. 18-966-CFC-CJB
`
`INTEL CORPORATION,
`
`Defendant.
`
`MEMORANDUM ORDER
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`In two oral orders issued on July 11, 2022, I directed both parties to provide
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`certifications that they had complied with my April 18, 2022 Standing Order
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`Regarding Third-Party Litigation Funding Arrangements (the Litigation Funding
`
`Order) and April 18, 2022 Standing Order Regarding Disclosure Statements
`
`Required by Federal Rule of Civil Procedure 7.1 (the Rule 7.1 Disclosure Order).
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`In response to these oral orders, Plaintiff VLSI Technology LLC (VLSI)
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`filed under seal a declaration of Michael Stolarski. D.I. 972. It then filed a
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`redacted version of the declaration for public viewing. D.I. 974.
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`The Rule 7 .1 Disclosure Order requires any party that is a nongovernmental
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`joint venture, limited liability corporation {LLC), partnership, or limited liability
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`partnership to disclose "the name of every owner, member, and partner of the
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`party, proceeding up the chain of ownership until the name of every individual and
`
`
`
`Case 1:18-cv-00966-CFC-CJB Document 975 Filed 08/01/22 Page 2 of 3 PageID #: 37863
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`corporation with a direct or indirect interest in the party has been identified." Mr.
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`Stolarski states in his declaration that VLSI is a "subsidiary" of CF VLSI Holdings
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`LLC {VLSI Holdings); and he identifies seven LLCs and three limited partnerships
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`that, he says, "own" VLSI Holdings. D.I. 972 ,I,I 3-4. Mr. Stolarski says that he
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`"[is] informed" that one of the seven LLCs "is wholly owned by a closed end
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`investment fund family comprised of six individual funds," but he does not identify
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`those six funds or say that the funds are corporations. D.I. 972 ,I 5. Mr. Stolarski
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`says that the remaining six LLCs and three partnerships "are investment funds,"
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`but he does not identify the funds or their legal status. D.I. 972 ,I 5. These
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`disclosures are clearly inadequate to meet the requirements of the Rule 7 .1
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`Disclosure Order, and that failure raises questions about whether VLSI has
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`complied with the Litigation Funding Order.
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`I am troubled as well by VLSI's initial filing of Mr. Stolarski's declaration
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`under seal and the redactions it has made to its proposed public version of the
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`declaration. VLSI has redacted from the declaration Mr. Stolarski' s representation
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`that the six funds that allegedly own one of the LLC owners of VLSI have
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`"combined total net assets of approximately $1.8 billion as of June 30, 2022"; that
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`"the ultimate owners of [that LLC] are composed of pension and retirement funds,
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`sovereign wealth funds, foundations, high net worth individuals, endowments and
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`other institutional investors"; and that the other nine owners of VLSI are managed
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`2
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`
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`Case 1:18-cv-00966-CFC-CJB Document 975 Filed 08/01/22 Page 3 of 3 PageID #: 37864
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`"on behalf of outside institutional investors." D.I. 972 ,r 5; D.I. 974 ,r 5. VLSI
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`identifies, and I can think of, no reason that would justify hiding from the public
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`this information.
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`NOW THEREFORE, at Wilmington on this First day of August in 2022, it
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`is HEREBY ORDERED that the Declaration of Michael Stolarski (D.I. 972) is
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`UNSEALED, the redacted version of that declaration (D.I. 974) is STRUCK, and
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`the case is STAYED until VLSI complies with the Court's April 18, 2022 Standing
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`Order Regarding Disclosure Statements Required by Federal Rule of Civil
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`Procedure 7 .1.
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`3
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`
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