The NVIDIA GPU Litigation

Transcription

1 1 of 13 3/16/2011 1:07 PM This is Google's cache of It is a snapshot of the page as it appeared on Mar 11, :49:03 GMT. The current page could have changed in the meantime. Learn more These search terms are highlighted: nvidia settlement Text-only version The NVIDIA GPU Litigation

2 2 of 13 3/16/2011 1:07 PM Home Page Frequently Asked Questions Important Dates and Deadlines Class Notice Sample Claim Form Court Documents Affected Models File a Claim Frequently Asked Questions Claim Filing FAQs What are my options for filing a claim? What will I get if I file a Reimbursement Claim? What will I get if I file a Replacement Claim for my Dell or Apple notebook computer? What will I get if I file a replacement claim for my HP computer? How can I file a Reimbursement Claim? How can I file a Replacement Claim? The settlement website has told me that the information I am claiming indicates that my computer is not eligible for the settlement. What does this mean? How can I find the status of my claim? How can I track the status of my repair/replacement? If I file a Replacement Claim for my HP notebook computer, will my original computer be returned to me? If I file a Replacement Claim for my HP notebook computer, when will I receive my replacement computer? If I have an eligible HP notebook computer, may I receive a replacement NVIDIA GPU or motherboard instead of a replacement computer? How can I find the serial number, service tag or product ID for my computer? When will reimbursement payments be made? Will I be reimbursed for the full cost of my repairs if I file a reimbursement claim? Can I file both a Reimbursement Claim and Replacement Claim for the same computer? Can I file one claim for multiple computers? I filed a Replacement Claim for my Apple MacBook Pro and was informed my computer requires additional repairs. Are these repairs included in or covered by this settlement? I filed a Replacement Claim for my Dell notebook computer and was informed my computer requires additional repairs. Are these repairs included in or covered by this settlement? I received a letter telling me my claim was deficient. What does this mean? The pre-paid shipping materials that were sent to me have expired. How do I have a new service box and/or shipping label sent to me? What do I do if I want to make a Replacement Claim but my affected computer and I are currently located outside of the United States? What do I do if I already submitted a claim and I need to change my address? Settlement FAQs Why did I get the Notice package? What is this lawsuit about? Why is this a class action? Why is there a settlement? How do I know if I am part of the settlement?

3 3 of 13 3/16/2011 1:07 PM 6. Who is not included in the Class? Which products are included? I m still not sure if I am included. What does the settlement provide? What can I get from the settlement? Does this settlement affect my existing product warranty? If I purchased one of the listed notebook computers during the corresponding time period but have not experienced an identified symptom, am I included? If I purchased one of the listed notebook computers during the corresponding time period and paid to have it repaired when it experienced an identified symptom, am I included? What if my notebook computer experiences symptoms in the future? How can I get a replacement or reimbursement? What am I giving up if I remain in the Class? How do I get out of the settlement? What is the effect if I exclude myself from this settlement? If I don t exclude myself, can I sue NVIDIA for the same thing later? Do I have a lawyer in the case? How will the lawyers be paid? How do I tell the Court that I don t like the settlement? What s the difference between objecting and excluding? When and where will the Court decide whether to approve the settlement? What happens if I do nothing at all? Are there more details about the settlement? How do I get more information? How can I confirm that my model is affected by this lawsuit? Claim Filing FAQs 1. What are my options for filing a claim? You may choose to file a Reimbursement Claim, a Replacement Claim, or both in this settlement. If you previously paid to have your computer repaired for the problems described in this settlement, you can file a Reimbursement Claim to receive a check to reimburse you for the costs of repairs. If you wish to have your affected GPU or MCP replaced in your eligible Apple or Dell computer, or if you wish to receive a replacement computer for your eligible HP-Compaq notebook or tablet computer, you may file a Replacement Claim. 2. What will I get if I file a Reimbursement Claim? After the processing in this case is complete and if your Reimbursement Claim is approved, you will receive a settlement check. The amount of your reimbursement will be based on your claimed repair costs (as supported by the proof of repair documentation that you are required to submit), and the total value of all valid Reimbursement Claims received. If the value of the Reimbursement Claims filed is more than the settlement fund, your claim will be prorated according to your individual share of all claims.

4 4 of 13 3/16/2011 1:07 PM 3. What will I get if I file a Replacement Claim for my Dell or Apple notebook computer? If your Replacement Claim for an Apple or Dell notebook computer is approved, you will be contacted by the Settlement Administrator with information about how to send in your computer for the replacement of your GPU or MCP. You will be provided with materials and instructions for shipping the computer to the manufacturer and information about how to track the status of your replacement. When the replacement is complete, your computer will be sent back to you. Only the NVIDIA products affected by this settlement will be replaced on your computer. 4. What will I get if I file a replacement claim for my HP computer? If your Replacement Claim for a notebook computer is approved, you will be contacted by the Settlement Administrator with information on how to send in your computer for a replacement in the form of a new computer. You will be provided with materials and instructions for shipping the computer to the manufacturer and information about how to track the status of your replacement. If your affected computer is an HP tablet computer, you will receive an Asus EEE T101MT- EU37-BK notebook computer. For all other HP notebook computers, the replacement computer will be a Compaq Presario CQ56 computer. If you submit a notebook computer that does not match the computer identified on your Claim Form, the Settlement Administrator will not be able to approve your claim, and you will not receive a replacement computer. If you return a computer other than the one identified in your approved Claim Form, you will be responsible for paying for return shipment within 60 days of notification of the return shipping cost, or your computer may be treated as abandoned and discarded or destroyed. 5. How can I file a Reimbursement Claim? To start the process for filing a Reimbursement Claim, click here. To file a claim, you will need detailed information about your computer to confirm that it is affected by this settlement, as well as documentation for the proof of purchase and proof of repair for which you are claiming reimbursement. 6. How can I file a Replacement Claim? To start the process for filing a Replacement Claim, click here. To file a claim, you will need detailed information about your computer to confirm it is affected by this settlement, as well as documentation for the proof of purchase. IF YOU CHOOSE TO FILE A REPLACEMENT CLAIM, YOU WILL BE REQUIRED TO SEND YOUR COMPUTER IN FOR PART REPLACEMENT OR TOTAL REPLACEMENT, DEPENDING ON THE MANUFACTURER OF YOUR COMPUTER. 7. The settlement website has told me that the information I am claiming indicates that my computer is not eligible for the settlement. What does this mean? When you entered the information about your computer, you either entered information for a computer that is not included in this settlement or made an error in entering your information. If you believe you made an error and your computer is eligible, click here to go to the claims page and try again. If you are unsure whether your computer is affected by this settlement, you can click here to see a list of affected models. 8. How can I find the status of my claim? You can find the status of your claim by calling the telephone support line at Please do not contact HP, Dell or Apple directly about your claim. 9. How can I track the status of my repair/replacement?

5 5 of 13 3/16/2011 1:07 PM To track the status of your repair/replacement, you can call the telephone support line at for an update. Remember that repairs to Apple and Dell computers may take up to 4 to 6 weeks, so please be patient. For HP Replacement Claims, replacement computers will ship as soon as possible, but you may not receive your replacement computer until after the filing deadline. 10. If I file a Replacement Claim for my HP notebook computer, will my original computer be returned to me? No. If your claim is approved, you will be sent instructions by the Settlement Administrator regarding how to return your eligible malfunctioning HP notebook computer, and a shipping box. Please do not send your computer anywhere until you receive shipping instructions. You are responsible for removing all personal information from your personal computer prior to mailing the computer to the Settlement Administrator. The Settlement Administrator and NVIDIA are not responsible for clearing personal or other data or files from the notebook computers that are submitted, or for any damage, loss, destruction, use, or harm to such data. When you receive shipping instructions, be sure to mail the computer that you claimed. If you submit a notebook computer that does not match the computer identified on your Claim Form, the Settlement Administrator will not be able to approve your claim, and you will not receive a replacement computer. If you return a computer other than the one identified in your approved Claim Form, you will be responsible for paying for return shipment within 60 days of notification of the return shipping cost, or your computer may be treated as abandoned and discarded or destroyed. 11. If I file a Replacement Claim for my HP notebook computer, when will I receive my replacement computer? Due to the volume of claims, it is estimated that you should receive your replacement notebook computer 6 to 8 weeks from the date in which your original, affected computer has been received and confirmed to match the computer you claimed, but this may take as long as 10 weeks. Please be patient. Please do not mail your computer anywhere until after you have received the Replacement Authorization Form and mailing instructions. 12. If I have an eligible HP notebook computer, may I receive a replacement NVIDIA GPU or motherboard instead of a replacement computer? No. The replacement of the NVIDIA GPU, MCP or motherboard for eligible HP computers is not a remedy under this settlement because replacement parts are not available. A replacement computer will be issued to claimants who have approved claims and who follow the instructions provided to them for returning their eligible HP computer. 13. How can I find the serial number, service tag or product ID for my computer? To see a picture showing the location of the Product ID for your HP computer, click here To see a picture showing the location of the Service Tag for your Dell computer, click here To see a picture showing the location of the Serial Number for your 15in Apple computer, click here To see a picture showing the location of the Serial Number for your 17in Apple computer, click here 14. When will reimbursement payments be made? Reimbursements will be made when the claims period has ended and all claims have been processed. This may take several months after the filing deadline. Please be patient.

6 6 of 13 3/16/2011 1:07 PM 15. Will I be reimbursed for the full cost of my repairs if I file a reimbursement claim? This depends on the value of all the claims received. If the value of all claims received exceeds the total settlement fund available for distribution to claimants who request reimbursements, your reimbursement will be prorated based on the value of your claim relative to the value of all claims made. 16. Can I file both a Reimbursement Claim and Replacement Claim for the same computer? Yes, but you must file a Claim Form of each affected computer you would like to claim. You will have to also provide the necessary documentation with each of the Claim Forms that you file, because each Claim Form will be treated individually. Failure to do so may result in the denial of your claim. 17. Can I file one claim for multiple computers? No, you must file a different Claim Form for each computer you wish to claim. 18. I filed a Replacement Claim for my Apple MacBook Pro and was informed my computer requires additional repairs. Are these repairs included in or covered by this settlement? No, any repairs beyond the NVIDIA GPU, MCP or motherboard replacement are outside of the scope of this settlement and are not covered. The Settlement Administrator cannot assist you with repairs outside of this settlement. If you would like to have additional repairs made to your computer, you will be responsible for paying for these repairs yourself. 19. I filed a Replacement Claim for my Dell notebook computer and was informed my computer requires additional repairs. Are these repairs included in or covered by this settlement? No, any repairs beyond the NVIDIA GPU, MCP or motherboard replacement are outside of the scope of this settlement and are not covered. The Settlement Administrator cannot assist you with repairs outside of this settlement. If you would like to have additional repairs made to your computer, you will be responsible for paying for these repairs yourself. 20. I received a letter telling me my claim was deficient. What does this mean? If you received a Notice of Deficient Claim, it means that there was a problem with your Claim Form or it was incomplete. You must follow the instructions in the letter and provide whatever correction has been requested for your claim to be considered valid. You must provide the correction by the deadline noted in the letter. If you do not provide the information or proof requested in the letter by the deadline requested, your claim may be denied. 21. The pre-paid shipping materials that were sent to me have expired. How do I have a new service box and/or shipping label sent to me? If you wish to have new shipping materials sent to you, please call the telephone support line at What do I do if I want to make a Replacement Claim but my affected computer and I are currently located outside of the United States?

7 7 of 13 3/16/2011 1:07 PM If you are eligible to file a claim and you purchased the affected computer in the United States, but now reside outside the United States and require international shipping, please call the Settlement Administrator at to discuss your options. Owing to international customs regulations, tax and import duties, and other logistical difficulties, in many cases we may not be able to coordinate shipments to and from foreign countries (including Canada). If you are able to provide a US-based address for yourself or a relative or friend who can accept a return shipment on your behalf, please do so. Also, please keep in mind that computers cannot be shipped to PO Boxes or military APO addresses, even within the United States. 23. What do I do if I already submitted a claim and I need to change my address? Contact the Settlement Administrator by calling and pressing zero. They will walk you through the information you needs to submit in order to do so. Settlement FAQs 1. Why did I get the Notice package? You may be a United States resident who purchased for your own personal use and not for resale one of the notebook computers listed in Section 7 of the Full Notice during the corresponding time period, which contained one of certain NVIDIA chips that were incorporated into some versions of those notebook computers. The Court ordered the Notice to be sent to you because you have a right to know about a proposed settlement of a class action lawsuit against NVIDIA, and about your options, before the Court decides whether to approve the settlement. If the Court approves it, an administrator will, where appropriate, authorize the replacements and make the reimbursement payments that the settlement allows. The Court in charge of the case is the United States District Court for the Northern District of California, and the case is known as The NVIDIA GPU Litigation, Case No. 08-cv JW. The people who sued are called the Plaintiffs, and the company they sued, NVIDIA Corporation, is called the Defendant. 2. What is this lawsuit about? The lawsuit claimed that NVIDIA sold defective Graphics Processing Units ( GPUs ) and Media and Communications Processors ( MCPs ) that affected the performance of some of the notebook computers in which they were incorporated. NVIDIA denies all allegations of wrongdoing and has asserted many defenses. The settlement is not an admission of wrongdoing. A list of the identified symptoms addressed in this settlement can be viewed here. 3. Why is this a class action? In a class action, one or more people, called Class Representatives (in this case Todd Feinstein, Nathan DeBockler, and John Russo), sue on behalf of people who have alleged similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except those who exclude themselves from the Class. United States District Court Judge James Ware is in charge of this class action. 4. Why is there a settlement? The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representatives and their attorneys think the settlement is best for the

8 8 of 13 3/16/2011 1:07 PM Class Members. 5. How do I know if I am part of the settlement? Judge Ware has decided that everyone who fits this description is a Class Member: All persons and entities resident in the United States of America who purchased a Class Computer in the United States of America. 6. Who is not included in the Class? The Class does not include (1) employees of NVIDIA, including its current or former directors, officers and counsel; (2) any entity that has a controlling interest in NVIDIA; (3) NVIDIA s affiliates and subsidiaries; and (4) the judge to whom this case is assigned and any member of the judge s immediate family. The Class also does not include all persons who validly request exclusion from the Class. 7. Which products are included? To obtain a list of the products included in this settlement please click here. In some of the notebook computer models listed, only certain versions of the models contain NVIDIA chips, even though the notebook computer has the same model name. Only those versions containing NVIDIA chips are entitled to a remedy as part of this settlement. The following information will assist in determining whether your model contains an NVIDIA chip. 8. I m still not sure if I am included. If you are still not sure whether you are included, you can examine the Full Notice for more information, or go to the File a Claim page. 9. What does the settlement provide? NVIDIA has agreed to provide a replacement of the NVIDIA GPU or MCP to Class Members who purchased certain versions of some Dell, Inc. or Apple Inc. notebook computers that contain an NVIDIA chip and who send in a valid Claim Form and appropriate supporting documentation. NVIDIA has also agreed to provide a replacement HP notebook computer to Class Members who bought certain versions of some HP notebook computers that contain an NVIDIA chip and who send in a valid Claim Form, appropriate supporting documentation, and (if the Claim Form is approved) their eligible malfunctioning HP notebook computer. The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer. The settlement covers certain versions of certain models of notebook computers manufactured by Dell, Inc., HP or Apple Inc., identified in the Full Notice and purchased between the dates correlating to those models. Only versions of those models that contain an NVIDIA GPU or MCP and experienced certain symptoms identified in Exhibit 1 in the Full Notice are entitled to a replacement remedy. NVIDIA has also agreed to provide a fund in the amount of $2,000,000 to provide reimbursements if you purchased a version of one of the notebook computer models identified in the Full Notice that contains an NVIDIA GPU or MCP during the dates listed in the Full Notice experienced certain identified symptoms, and have appropriate documentation proving that you paid to have the notebook computer repaired. The amount of reimbursement may depend on the number of reimbursement claims received. To qualify for the reimbursement remedy, you must have purchased a version of the notebook computer that contained an NVIDIA chip, and the purchase must have occurred within the date range correlating to your notebook computer model. To qualify for the replacement remedy, you must have purchased a version of the notebook computer that contained an NVIDIA chip, the purchase must have occurred within the date range correlating to your notebook computer model, and if your claim is approved, you must return your eligible malfunctioning HP notebook computer.

9 9 of 13 3/16/2011 1:07 PM 10. What can I get from the settlement? Depending on which model you have and whether you paid for repairs, the settlement provides for: (1) a replacement of the NVIDIA GPU, MCP or motherboard inside your notebook computer; (2) for a replacement HP notebook computer with one similar in kind and value if you bought a subject HP notebook computer; and (3) for reimbursement of either the entire amount that you spent to have the notebook computer repaired due to a previous failure of the NVIDIA graphics chip or a portion of that amount, depending on the number of people who submit valid claims for reimbursement. All settlement benefits are provided by NVIDIA. 11. Does this settlement affect my existing product warranty? No. This settlement does not affect any existing warranty that you may have. Those warranties, if any, will continue to apply to your notebook computer according to their terms. 12. If I purchased one of the listed notebook computers during the corresponding time period but have not experienced an identified symptom, am I included? Yes, but to obtain a replacement remedy or reimbursement payment your notebook computer must have experienced one of the symptoms identified on Exhibit 1 in the Full Notice or by clicking here. 13. If I purchased one of the listed notebook computers during the corresponding time period and paid to have it repaired when it experienced an identified symptom, am I included? Yes. You may be entitled to make a claim for reimbursement of any payments you made to have your notebook computer repaired as a result of a problem with an NVIDIA GPU or MCP if you can provide appropriate documentation showing proof of payment for a repair. The amount you are reimbursed may not cover the full amount of your payment, depending on how many people claim and are entitled to reimbursement. 14. What if my notebook computer experiences symptoms in the future? If your notebook computer experiences symptoms before the deadline to submit a Claim Form, you may submit a Claim Form within the applicable deadline and obtain a replacement remedy. You may also submit your notebook computer for repair under any existing and operative warranty provided to you by, or purchased by you from, the manufacturer of your notebook computer or the retailer from whom you purchased the notebook computer. 15. How can I get a replacement or reimbursement? To qualify for a replacement remedy or a reimbursement, you must send in a Claim Form and appropriate supporting documentation after the Court grants Final Approval of the settlement, and within the deadline. A Claim Form, including instructions on how to make a claim, will be available after Final Approval of the settlement on the Internet at this website or by calling the telephone support line at If you choose to submit a Claim Form, you will need to provide information that will help verify that your notebook computer is a version of an eligible model that contains an NVIDIA chip. If you choose to send in a Claim Form, you must do so only during the period specified for submitting a Claim Form, called the "Claim Period." The Claim Period will begin after the Court grants Final Approval of the settlement. If you received notice of this settlement by , or if you registered your address on this website before the Final Hearing, then you will be notified by when the Court grants Final Approval and advised when the Claim Period

10 10 of 13 3/16/2011 1:07 PM begins. Alternatively, at any time you may visit this website or call to find out if the Final Approval has been granted and when the Claim Period will begin. The Court has scheduled a hearing to decide whether to grant Final Approval for December 20, 2010, and is expected to rule on that date or shortly afterwards. When you fill in your Claim Form, you must read the instructions carefully, fill out the form as directed in the instructions, include all information and documents the form asks for, and sign the Claim Form under penalty of perjury. Required documentation is a form of proof of purchase, which shows the date that you purchased your notebook computer. Proof of purchase can be a sales receipt, credit card or other account statement, shipping manifest, purchase order, proof of registration, or such other documentation that the Administrator deems sufficiently reliable to demonstrate that one of the specified models was purchased in the specified purchase date range, along with the product identification number found on the back of your notebook computer and the date of when the notebook computer was purchased. If you cannot find your receipt, please call the Administrator at If you choose to submit the Claim Form by U.S. Mail, you must mail the Claim Form postmarked on or before the last date of the Claim Period. If you choose to submit the Claim Form by any means other than U.S. Mail, you must submit the Claim Form on or before the last date of the Claim Period. Follow all the instructions for the Claim Form. 16. What am I giving up if I remain in the Class? Unless you exclude yourself, you stay in the Class, and that means that you can t sue, continue to sue, or be part of any other lawsuit against NVIDIA, Dell, Inc., HP, or Apple Inc. about the legal issues in this case. If the settlement is approved and becomes final and not subject to appeal, then you and all Class Members release all Released Claims against all "Released Persons." Please note that the deadline to file an exclusion has passed. Class Computer means any of the notebook computers listed in the Full Notice. Identified Symptom means any symptom listed on Exhibit 1 in the Full notice. Released Claims means all claims that were or could have been asserted in The NVIDIA GPU Litigation, to the extent they arise out of or relate to the weak die/packaging material set in NVIDIA GPU and MCP products incorporated into Class Computers, including Class Computers that exhibit Identified Symptoms. Released Persons means: (1) NVIDIA Corporation and its present or past parent corporations, subsidiaries, divisions, affiliates, partners, directors, officers, employees, agents and insurers, and each of their respective predecessors, heirs, executors, administrators, successors, and assigns; (2) HP and its present or past parent corporations, subsidiaries, divisions, affiliates, partners, directors, officers, employees, agents and insurers, and each of their respective predecessors, heirs, executors, administrators, successors, and assigns; (3) Dell and its present or past parent corporations, subsidiaries, divisions, affiliates, partners, directors, officers, employees, agents and insurers, and each of their respective predecessors, heirs, executors, administrators, successors, and assigns; (4) Apple and its present or past parent corporations, subsidiaries, divisions, affiliates, partners, directors, officers, employees, agents and insurers, and each of their respective predecessors, heirs, executors, administrators, successors, and assigns; and (5) Taiwan Semiconductor Manufacturing Company Limited and its present or past parent corporations, subsidiaries, divisions, affiliates, partners, directors, officers, employees, agents and insurers, and each of their respective predecessors, heirs, executors, administrators, successors, and assigns. Remaining in the Class will NOT affect any existing notebook computer warranty that you may have. To the extent applicable, such warranties will continue to apply according to their terms. 17. How do I get out of the settlement? To exclude yourself from the settlement, you must send a signed letter by mail stating that you want to be excluded from the Class in The NVIDIA GPU Litigation, Case No. 08-cv JW. Please note that the deadline for filing a request for exclusion has passed.

11 11 of 13 3/16/2011 1:07 PM 18. What is the effect if I exclude myself from this settlement? If you ask to be excluded, you will not get any replacement remedy or reimbursement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) NVIDIA in the future about the legal issues in this case. 19. If I don t exclude myself, can I sue NVIDIA for the same thing later? No. Unless you exclude yourself, you give up your right to sue NVIDIA for the claims that this settlement resolves. Please note that the deadline for filing a request for exclusion has passed. 20. Do I have a lawyer in the case? The Class is represented in this case by Jeff S. Westerman and Nicole M. Duckett of Milberg LLP in Los Angeles, California, and Peter Safirstein and Roland Riggs of Milberg LLP in New York, New York. 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. 21. How will the lawyers be paid? Class Counsel will ask the Court for attorneys fees and expenses in the amount of $13,000,000. NVIDIA will pay Class Counsel s fees and expenses. These amounts will not come out of any funds for payments to Class Members. NVIDIA has agreed not to oppose these fees and expenses. NVIDIA will also pay the costs to administer the settlement and will fund the settlement. Dell, HP and Apple are not paying the costs of the settlement. Class Counsel also expect to apply to the Court for time and expense reimbursements for certain of the past or present named Plaintiffs, not to exceed $50,000 in the aggregate, in connection with their roles in overseeing the litigation, responding to discovery requests and traveling to depositions, among other things. Plaintiffs Counsel will file their papers in support of final approval of the Settlement and their application for attorneys fees and reimbursement of expenses, and for time and expenses reimbursements for certain of the named Plaintiffs, by no later than October 18, These papers will also be posted on this website. 22. How do I tell the Court that I don t like the settlement? If you re a Class Member, you can object to the settlement if you don t like any part of it. Please note that the deadline for filing an objection to the settlement has passed. 23. What s the difference between objecting and excluding? Objecting is simply telling the Court that you don t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don t want to be part of the Class. If you exclude yourself, you have no basis to object, because the case no longer affects you. Please note that the deadlines for filing an exclusion or objection have passed. 24. When and where will the Court decide whether to approve the settlement? The Court held a Fairness Hearing at 9:00 A.M. on December 20, 2010, at the United States District Court for the Northern District of California, San Jose Division, Courtroom 8 (4th Floor), located at 280 South 1st Street, San Jose, California At this hearing, the Court will

12 12 of 13 3/16/2011 1:07 PM consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Ware will listen to people who have asked to speak at the hearing. The Court may also consider how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. 25. What happens if I do nothing at all? If you do nothing, you will not receive a replacement remedy or a reimbursement payment. If you do not exclude yourself from the Class, you won t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against NVIDIA or the Released Parties about the legal issues in this case, ever again. 26. Are there more details about the settlement? The Full Notice summarizes the proposed settlement. More details are in a Settlement Agreement and Amendment No. 1 to the Settlement Agreement (together, the Settlement Agreement ). 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 How do I get more information? You can call the telephone support line toll-free at You may also write to: NVIDIA GPU Litigation Settlement Administrator, P.O. Box 6177, Novato, CA Questions may not be directed to the Court. 28. How can I confirm that my model is affected by this lawsuit? Only notebook computers that are among the list of affected models and have an Nvidia chip installed may be affected by this settlement. If you would like to confirm that your model is affected by this settlement you may check your model via the File a Claim page by clicking here. If your notebook computer screen has a display, you may also check to see if your notebook computer contains an Nvidia chip through the following steps: For PCs: Option 1: Turn on your computer. Make sure all other windows are closed and only your desktop is visible. Right-click on your desktop. A small menu will open. Click on "Graphics Properties." A display will open that shows information related to your graphic processing unit. If the word "Nvidia" appears on this display, then your computer contains an Nvidia chip and your computer is eligible for this settlement. Option 2: Turn on your computer. Right-click on "My Computer." Choose "Manage." Click on "Device Manager." Click on "Display Adapters."

13 13 of 13 3/16/2011 1:07 PM For Macs: If the description contains "Nvidia," then your computer contains an Nvidia chip and your computer is eligible for this settlement. Turn on your computer. Click on the Apple button at the top left-hand side of the screen. Click on "About This Mac." Click "More Info." Select the "Graphics/Displays" option. If one of the parts listed on this display contains "Nvidia," then your computer contains an Nvidia chip and your computer is eligible for this settlement. PLEASE REMEMBER: Although your notebook computer may be an eligible model, not every notebook computer on the list of Affected Models is eligible to participate. To be eligible to file a claim, your notebook computer must contain an Nvidia chip, it must have an eligible Product Identification Number (for HP), Service Tag Number (for Dell) or Serial Number (for Apple) and it must be experiencing one of the symptoms identified in the List of Identified Symptoms. Please click here to identify if your computer is eligible to participate. Please click here to access the list of symptoms. If the administrator approves your claim, you will then be entitled to a remedy under the settlement. The claims administration process may take some time. Please be patient. Please be aware that the Claims Period will not begin until after the Final Hearing, which is scheduled for December 20, If you wish to file a claim, please return to this website after the Claim Period begins (after the Final Hearing on December 20, 2010). Questions may not be directed to the Court. Home Page Important Dates and Deadlines Class Notice Sample Claim Form Court Documents Affected Models File a Claim Frequently Asked Questions