dc-562610
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
FAST MEMORY ERASE, LLC
Plaintiff,
v.
SPANSION INC. and SPANSION LLC.
Defendants.
Civil Case No. 3:09-cv-00653-M
Jury Trial Demanded
DEFENDANTS SPANSION, INC. AND SPANSION LLC’S MOTION
FOR A PROTECTIVE ORDER PREVENTING
MATTHEW VELLA ACCESS TO SPANSION CONFIDENTIAL INFORMATION
Defendants Spansion, Inc. and Spansion LLC (collectively, “Spansion”) submit this
motion to prevent confidential information from being disclosed to Matthew Vella. In this
regard, Spansion relies on the arguments contained in STMicroelectronics, Inc.’s and
STMicroelectronics, NV’s (collectively, ST Micro) Motion for Protective Order filed in Case No.
3:08-CV-00977-M on May 20, 2009. (Dkt. No. 176 in No. 3:08-CV-00977-M (the 00977-M
case)) (ST’s PO Motion).
During the automatic stay that applied to Spansion under 11 U.S.C. § 362, Plaintiff Fast
Memory Erase (FME) sought permission from the 00977-M case to disclose confidential
information to Matthew Vella. FME also recently stated that it wants to disclose Spansion
confidential information to Mr. Vella. See App. at 24.
In response to FME’s request, ST Micro filed ST’s PO Motion in the 00977-M case.
(Dkt. No. 176, 00977-M case). In ST’s PO Motion, ST Micro seeks an order preventing
disclosure of its confidential information to Mr. Matthew Vella because, in essence, Mr. Vella is
Case 3:09-cv-00653-M Document 3 Filed 06/26/2009 Page 1 of 6
dc-562610 2
not an FME employee and instead works for Acacia Technologies, an entity to whom disclosure
of confidential information would put ST Micro at a competitive disadvantage.
Indeed, Acacia Technologies’ (Acacia) is a patent licensing business that does not design
or manufacture products. Its webpage states that:
“Mr. Vella joined the company in November 2006 as Vice President. He was
appointed Senior Vice President in October 2007.”
See App. at 4; see also Acacia Technologies About Us Page,
http://acaciatechnologies.com/aboutus_mgmtbizdev.htm (last visited June 24, 2009). The Acacia
web presentation also identifies Mr. Vella as being a Senior Vice President involved in “business
development and licensing” for Acacia. See App. at 14.
Disclosure of Spansion’s confidential information would also place Spansion at a
disadvantage. Acacia claims to have “16 patents covering technologies for enhancing
performance & reliability of the flash memory cell including NOR flash memory. . . .” See App.
at 13; see also Acacia Technologies Web Presentation Page,
http://acaciatechnologies.com/docs/2009ACTGWebPresentation.pdf at 12 (last visited June 26,
2009). If Mr. Vella is permitted access to Spansion’s confidential information, he may bring
additional lawsuits against Spansion.
Because FME has not provided any evidence that Mr. Vella is actually in FME’s employ
as “in-house counsel” as required under the Protective Order, he should not be given access to
confidential information. It is simply not clear that Mr. Vella is truly an in-house attorney for
FME. FME has provided no evidence, such as paycheck stubs, W-2 forms, or tax records,
showing Mr. Vella is in FME’s employ. FME claims to be a Texas corporation with its principal
place of business located at 15455 Dallas Parkway, 6th Floor, Addison, Texas 75001. (Dkt. No.
98, 00977-M Case, at 2) As set forth in Acacia’s website, supra, and the Executive Affiliation
Case 3:09-cv-00653-M Document 3 Filed 06/26/2009 Page 2 of 6
dc-562610 3
report, Mr. Vella’s business address places him at 500 Newport Court Drive, Suite 570, in
Newport Beach, California. See App. at 16. This is Acacia’s address. Id. There is also no
record that Mr. Vella is a licensed Texas attorney or that he submitted an affidavit showing
compliance with the Texas State Bar requirements for a non-Texas licensed attorney to represent
or provide advice as in-house counsel to a Texas corporation. See App. at 18.
Therefore, for the reasons set forth herein and in ST’s PO Motion, Spansion likewise
seeks the Court to enter an order protecting Spansion’s confidential information from being
disclosed to Mr. Vella. Spansion respectfully requests the Court to enter a protective order
denying Mr. Vella any access to Confidential Information under the Stipulated Protective Order
entered by this Court on December 22, 2008 (Dkt No. 105, 00977-M Case).
Respectfully submitted,
By: /s/ Alexander J. Hadjis
Alexander J. Hadjis (Admitted Pro Hac Vice)
E-mail: AHadjis@mofo.com
Cynthia Lopez Beverage (TXBN 00787076)
E-mail: CBeverage@mofo.com
Yan Wang (Admitted Pro Hac Vice)
E-mail: YanWang@mofo.com
MORRISON & FOERSTER LLP
2000 Pennsylvania Ave., NW
Washington, DC 20006-1888
Telephone: 202.887.1500
Facsimile: 202.887.0763
Rudy Y. Kim (Admitted Pro Hac Vice,
CA Bar No. 199426)
E-mail: RudyKim@mofo.com
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: 650.813.5600
Facsimile: 650.494.0792
Case 3:09-cv-00653-M Document 3 Filed 06/26/2009 Page 3 of 6
dc-562610 4
Charles E. Phipps (TX Bar No. 00794457)
E-mail: cphipps@lockelord.com
LOCKE LORD BISSELL & LIDDELL LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201-6776
Telephone: 214.740.8441
Facsimile: 214.740.8800
Attorneys for Defendants
SPANSION INC. AND SPANSION LLC
Case 3:09-cv-00653-M Document 3 Filed 06/26/2009 Page 4 of 6
dc-562610 5
CERTIFICATE OF CONFERENCE
On June 26, 2009, counsel for Spansion and counsel for FME conferred on the issues
addressed herein. No agreement was reached, and this Motion for Protective Order Preventing
Matthew Vella Access to Spansion’s Confidential Information is opposed.
By: /s/ Cynthia Lopez Beverage
Alexander J. Hadjis (Admitted Pro Hac Vice)
E-mail: AHadjis@mofo.com
Cynthia Lopez Beverage (TXBN 00787076)
E-mail: CBeverage@mofo.com
Yan Wang (Admitted Pro Hac Vice)
E-mail: YanWang@mofo.com
MORRISON & FOERSTER LLP
2000 Pennsylvania Ave., NW
Washington, DC 20006-1888
Telephone: 202.887.1500
Facsimile: 202.887.0763
Rudy Y. Kim (Admitted Pro Hac Vice,
CA Bar No. 199426)
E-mail: RudyKim@mofo.com
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: 650.813.5600
Facsimile: 650.494.0792
Charles E. Phipps (TX Bar No. 00794457)
E-mail: cphipps@lockelord.com
LOCKE LORD BISSELL & LIDDELL LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201-6776
Telephone: 214.740.8441
Facsimile: 214.740.8800
Attorneys for Defendants
SPANSION INC. AND SPANSION LLC
Case 3:09-cv-00653-M Document 3 Filed 06/26/2009 Page 5 of 6
dc-562610 6
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served upon counsel of record, who
has consented to electronic service through the Court’s CM/ECF system on this 26th day of June,
2009.
/s/ Russell W. Warnick
Russell W. Warnick
Case 3:09-cv-00653-M Document 3 Filed 06/26/2009 Page 6 of 6