Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 1 of 103
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`Ethan E. Litwin (admitted pro hac vice)
`Morgan J. Feder (admitted pro hac vice)
`Sigrid U. Jernudd (admitted pro hac vice)
`HUGHES HUBBARD & REED LLP
`One Battery Park Plaza
`New York, New York 10004-1482
`Tel: (212) 837-6000
`Fax: (212) 422-4726
`Email: Ethan.Litwin@hugheshubbard.com
`Email: Morgan.Feder@hugheshubbard.com
`Email: Sigrid.Jernudd@hugheshubbard.com
`
`David H. Stern (CA Bar No. 196408)
`Carolin Sahimi (CA Bar No. 260312)
`HUGHES HUBBARD & REED LLP
`350 South Grand Avenue
`Los Angeles, CA 90071-3442
`Tel: (213) 613-2800
`Fax: (213) 613-2950
`Email: David.Stern@hugheshubbard.com
`Email: Carolin.Sahimi@hugheshubbard.com
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`Counsel for Defendants Soshin Electric Co., Ltd. and
`Soshin Electronics of America Inc.
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`
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`IN RE CAPACITORS ANTITRUST
`LITIGATION
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`THIS DOCUMENT RELATES TO:
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`DIRECT PURCHASER CLASS ACTION;
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`FLEXTRONICS INTERNATIONAL USA,
`INC.’S INDIVIDUAL ACTION
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`Case No. 3:14-cv-03264-JD
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`DEFENDANTS SOSHIN ELECTRIC
`CO., LTD. AND SOSHIN
`ELECTRONICS OF AMERICA,
`INC.’S AMENDED ANSWER TO
`DIRECT PURCHASER PLAINTIFFS’
`CONSOLIDATED SECOND
`AMENDED CLASS ACTION
`COMPLAINT and COMPLAINT OF
`FLEXTRONICS INTERNATIONAL
`USA, INC.
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`
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`Defendants Soshin Electric Co., Ltd. (“Soshin Japan”) and Soshin Electronics of America
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`Inc. (“Soshin America”; collectively, the “Soshin Defendants”), by and through counsel, hereby
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`submit their Amended Answer and Affirmative Defenses to Direct Purchaser Plaintiffs’ (“DPPs”)
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`Consolidated Second Amended Class Action Complaint and Complaint of Flextronics International
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`

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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 2 of 103
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`USA, Inc. filed July 22, 2015 (the “Complaint”). The Soshin Defendants deny all allegations set
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`forth in the Complaint except to the extent such allegations are specifically admitted below.
`I.
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`NATURE OF THE ACTION
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`1.
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`To the extent that the allegations contained in Paragraph 1 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. The Soshin
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`Defendants otherwise deny the allegations contained in Paragraph 1 of the Complaint in their
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`entirety, except that they admit that DPPs purport to bring this civil action on behalf of certain
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`entities and assert various claims.
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`AMENDED ANSWER: To the extent that the allegations contained in Paragraph 1 of the
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`Complaint relate to entities other than the Soshin Defendants, the Soshin Defendants lack knowledge
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`or information sufficient to form a belief as to their truth or falsity, and therefore deny them. The
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`Soshin Defendants do not make or sell aluminum or tantalum capacitors. Pursuant to the
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`concessions made by Plaintiffs at the April 15, 2016 Case Management Conference, the Soshin
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`Defendants will interpret the term “Capacitors” as used in the Complaint as referring solely to
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`“single unit, unprocessed…free-standing capacitor[s] [that are not] put into anything else.”
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`(Transcript of Apr. 15, 2016 Case Management Conference (“CMC Tr.”) at 15:23-25.). For the
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`avoidance of doubt, the Soshin Defendants note that a “Capacitor” is able to perform on a standalone
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`basis by itself, in contrast to other more complex components that require other devices to be
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`combined with a Capacitor into a module in order for them to deliver the required performance. The
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`Soshin Defendants’ responses herein to allegations regarding “Capacitors” use this amended
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`definition. The Soshin Defendants otherwise deny the allegations contained in Paragraph 1 of the
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`Complaint in their entirety, except that they admit that DPPs purport to bring this civil action on
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`behalf of certain entities and assert various claims.
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`-2-
`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 3 of 103
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`2.
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`The Soshin Defendants deny the allegations contained in Paragraph 2 of the
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`Complaint in their entirety, except that they admit that electrical current flowing through a circuit,
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`including a PCB, allows electrical devices to perform their functions.
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`3.
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`The Soshin Defendants deny the allegations contained in Paragraph 3 of the
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`Complaint in their entirety, except that they admit that the allegations contained in Paragraph 3 of
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`the Complaint provide a generally accurate description of electrical circuits.
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`4.
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`The Soshin Defendants deny the allegations contained in Paragraph 4 of the
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`Complaint in their entirety, except that they admit that demand has risen for electrical components as
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`dependence on consumer technology has grown.
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`5.
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`6.
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`The Soshin Defendants admit the allegations of Paragraph 5.
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`To the extent that the allegations contained in Paragraph 6 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. The Soshin
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`Defendants admit that film capacitors can cost as little as a fraction of a cent and that such capacitors
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`represent a small fraction of the overall cost of the products containing them. The Soshin
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`Defendants deny all remaining allegations of Paragraph 6.
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`7.
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`To the extent that the allegations contained in Paragraph 7 of the Complaint are
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`conclusory and/or opinion-based, or constitute legal contentions and/or conclusions, they are not
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`susceptible to admission or denial. The Soshin Defendants otherwise deny the allegations contained
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`in Paragraph 7 of the Complaint in their entirety.
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`8.
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`To the extent that the allegations contained in Paragraph 8 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 8 of the Complaint are conclusory and/or opinion-based, or
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 4 of 103
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 8 of the Complaint in their
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`entirety.
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`9.
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`To the extent that the allegations contained in Paragraph 9 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 9 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 9 of the Complaint in their
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`entirety.
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`AMENDED ANSWER: To the extent that the allegations contained in Paragraph 9 of the
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`Complaint relate to entities other than the Soshin Defendants, the Soshin Defendants lack knowledge
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`or information sufficient to form a belief as to their truth or falsity, and therefore deny them. To the
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`extent that the allegations contained in Paragraph 9 of the Complaint are conclusory and/or opinion-
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`based, or constitute legal contentions and/or conclusions, they are not susceptible to admission or
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`denial. The Soshin Defendants aver that the United States Department of Justice (“DOJ”) has
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`informed Soshin that insofar as its investigation concerns the film capacitor industry, such
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`investigation has been closed without any finding against any film Capacitor manufacturer. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 9 of the Complaint in their
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`entirety.
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`10.
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`To the extent that the allegations contained in Paragraph 10 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 10 of the Complaint are conclusory and/or opinion-based, or
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`-4-
`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 5 of 103
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 10 of the Complaint in
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`their entirety.
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`11.
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`To the extent that the allegations contained in Paragraph 11 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 11 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 11 of the Complaint in
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`their entirety.
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`12.
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`To the extent that the allegations contained in Paragraph 12 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 12 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 12 of the Complaint in
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`their entirety.
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`13.
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`To the extent that the allegations contained in Paragraph 13 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 13 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 13 of the Complaint in
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`their entirety.
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 6 of 103
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`14.
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`To the extent that the allegations contained in Paragraph 14 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 14 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 14 of the Complaint in
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`their entirety.
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`15.
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`To the extent that the allegations contained in Paragraph 15 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 15 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 15 of the Complaint in
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`their entirety.
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`16.
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`To the extent that the allegations contained in Paragraph 16 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 16 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 16 of the Complaint in
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`their entirety.
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`17.
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`To the extent that the allegations contained in Paragraph 17 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`-6-
`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 7 of 103
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`allegations contained in Paragraph 17 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 17 of the Complaint in
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`their entirety.
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`18.
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`To the extent that the allegations contained in Paragraph 18 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 18 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 18 of the Complaint in
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`their entirety.
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`19.
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`To the extent that the allegations contained in Paragraph 19 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 19 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 19 of the Complaint in
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`their entirety.
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`20.
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`To the extent that the allegations contained in Paragraph 20 of the Complaint relate to
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`entities other than the Soshin Defendants, the Soshin Defendants lack knowledge or information
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`sufficient to form a belief as to their truth or falsity, and therefore deny them. To the extent that the
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`allegations contained in Paragraph 20 of the Complaint are conclusory and/or opinion-based, or
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`constitute legal contentions and/or conclusions, they are not susceptible to admission or denial. The
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`Soshin Defendants otherwise deny the allegations contained in Paragraph 20 of the Complaint in
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 8 of 103
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`their entirety.
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`II.
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`JURISDICTION AND VENUE
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`21.
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`The Soshin Defendants admit that Plaintiffs purport to bring this civil action on
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`behalf of certain entities and assert various claims in antitrust law. The Soshin Defendants otherwise
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`deny the allegations contained in Paragraph 21 of the Complaint.
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`22.
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`The Soshin Defendants admit that Flextronics purports to bring this action on behalf
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`of itself and its related corporate entities and asserts various claims under federal and state law. The
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`Soshin Defendants further admit that this Court has supplemental jurisdiction over Flextronics’
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`California state law claims. The Soshin Defendants deny the balance of the allegations of Paragraph
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`22.
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`23.
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`The Soshin Defendants admit that this Court has jurisdiction over this action.
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`AMENDED ANSWER: The Soshin Defendants admit that this Court has subject-matter
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`jurisdiction over this action.
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`24.
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`The Soshin Defendants admit that venue is proper in this judicial district. The Soshin
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`Defendants deny the balance of the allegations of Paragraph 24.
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`AMENDED ANSWER: Following Plaintiffs’ concessions at the April 15, 2016 Case
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`Management Conference, which narrowed the scope of products relevant to Plaintiffs’ claims, the
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`Soshin Defendants deny that this Court may exercise general or specific personal jurisdiction over
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`the Soshin Defendants. The Soshin Defendants deny the balance of the allegations of Paragraph 24.
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`25.
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`The Soshin Defendants lack knowledge or information sufficient to form a belief as
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`to the truth or falsity of the allegations contained in Paragraph 25, and therefore deny them, except
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`that they admit that the Antitrust Division of the U.S. Department of Justice (“DOJ”) is conducting
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`an investigation into the capacitors industry out of the United States Attorney’s Office for the
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`District of Northern California.
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 9 of 103
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`AMENDED ANSWER: The Soshin Defendants lack knowledge or information sufficient
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`to form a belief as to the truth or falsity of the allegations contained in Paragraph 25, and therefore
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`deny them, except that they admit that the Antitrust Division of the U.S. Department of Justice
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`(“DOJ”) is conducting an investigation into the capacitors industry out of the United States
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`Attorney’s Office for the District of Northern California. The Soshin Defendants aver that the DOJ
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`has informed Soshin that insofar as its investigation concerns the film Capacitor industry, such
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`investigation has been closed without any finding against any film Capacitor manufacturer.
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`26.
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`The Soshin Defendants admit that the assignment of this case to the San Francisco
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`Division of the United States District Court for the Northern District of California is proper. The
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`Soshin Defendants deny the balance of the allegations of Paragraph 26.
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`III.
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`PARTIES
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`A.
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`Plaintiffs
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`27.
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`The Soshin Defendants lack knowledge or information sufficient to form a belief as
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`to the truth or falsity of the allegations contained in Paragraph 27, and therefore deny them in their
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`entirety.
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`28.
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`The Soshin Defendants lack knowledge or information sufficient to form a belief as
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`to the truth or falsity of the allegations contained in Paragraph 28, and therefore deny them in their
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`entirety.
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`29.
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`The Soshin Defendants lack knowledge or information sufficient to form a belief as
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`to the truth or falsity of the allegations contained in Paragraph 29, and therefore deny them in their
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`entirety.
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`30.
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`The Soshin Defendants lack knowledge or information sufficient to form a belief as
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`to the truth or falsity of the allegations contained in Paragraph 30, and therefore deny them in their
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`-9-
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 10 of 103
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`entirety.
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`B.
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`Flextronics International U.S.A., Inc.
`31.
`The Soshin Defendants lack knowledge or information sufficient to form a belief as
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`to the truth or falsity of the allegations contained in Paragraph 31 and therefore deny them in their
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`entirety.
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`C.
`
`Defendants
`1. Panasonic/SANYO
`
`32.
`
`The allegations contained in Paragraph 32 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 32 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`33.
`
`The allegations contained in Paragraph 33 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 33 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`34.
`
`The allegations contained in Paragraph 34 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 34 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`35.
`
`The allegations contained in Paragraph 35 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 11 of 103
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`Paragraph 35 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
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`entirety.
`
`36.
`
`The allegations contained in Paragraph 36 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 36 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`2. NEC TOKIN
`
`37.
`
`The allegations contained in Paragraph 37 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 37 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`38.
`
`The allegations contained in Paragraph 38 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 38 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`39.
`
`The allegations contained in Paragraph 39 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 39 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`-11-
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 12 of 103
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`
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`3. KEMET
`
`
`
`40.
`
`The allegations contained in Paragraph 40 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 40 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`41.
`
`The allegations contained in Paragraph 41 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 41 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`42.
`
`The allegations contained in Paragraph 42 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 42 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`43.
`
`The allegations contained in Paragraph 43 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 43 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`44.
`
`The allegations contained in Paragraph 44 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 44 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`-12-
`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 13 of 103
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`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`4. Nippon Chemi-Con
`
`45.
`
`The allegations contained in Paragraph 45 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 45 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`46.
`
`The allegations contained in Paragraph 46 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 46 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`47.
`
`The allegations contained in Paragraph 47 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 47 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`5. Hitachi
`
`48.
`
`The allegations contained in Paragraph 48 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 48 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`-13-
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`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
`
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 14 of 103
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`entirety.
`
`
`
`49.
`
`The allegations contained in Paragraph 49 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 49 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`50.
`
`The allegations contained in Paragraph 50 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 50 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`51.
`
`The allegations contained in Paragraph 51 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 51 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`52.
`
`The allegations contained in Paragraph 52 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`Paragraph 52 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their truth or falsity, and therefore deny them in their
`
`entirety.
`
`6. Fujitsu
`
`53.
`
`The allegations contained in Paragraph 53 of the Complaint are not addressed to the
`
`Soshin Defendants, and therefore no response is required. To the extent that the allegations in
`
`-14-
`SOSHIN DEFENDANTS’ AMENDED ANSWER TO DPPS’ CONSOLIDATED SECOND AMENDED COMPLAINT AND COMPLAINT OF
`FLEXTRONICS INTERNATIONAL USA, INC. 3:14-CV-03264-JD
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`Case 3:14-cv-03264-JD Document 1197 Filed 04/26/16 Page 15 of 103
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`Paragraph 53 are deemed to require a response, the Soshin Defendants lack knowledge or
`
`information sufficient to form a belief as to their