A settlement of a class action lawsuit (The NVIDIA GPU Litigation, Case No. 08-cv-04312-JW) relates to the NVIDIA chips inside certain Dell, Hewlett-Packard (“HP”), and Apple notebook computers. The lawsuit claims that NVIDIA sold defective Graphics Processing Units (“GPU”) and Media and Communications Processors (“MCP”) 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.
Who is Affected by this Class Action?
All United States residents who purchased in the United States a version of one of the Dell, HP or Apple notebook computer models listed in the Table of Class Computers containing an NVIDIA MCP or GPU. These individuals are referred to as “Class Members” in this Notice.
What Can You Get From the Proposed Settlement?
Class Members who file an approved claim will be entitled to:
1. Replacement of the NVIDIA graphics processing unit or media and communications processor, which are referred to in this Notice as the “chips” if you purchased a version of certain models of notebook computers manufactured by Dell, Inc. or Apple Inc. containing one of the NVIDIA chips; or
2. A Replacement notebook computer similar in kind and value if you purchased a version of certain models of notebook computers manufactured by HP containing one of the NVIDIA chips; or
3. Reimbursement of amounts paid for repairs related to problems with the NVIDIA chips. NVIDIA will fund $2 million from which reimbursements will be made. The amount paid may depend on the number of reimbursement claims received.
NVIDIA is providing these benefits to members of the class, and is funding the settlement. Dell, HP and Apple are not parties to this lawsuit.
How Do You Receive a Benefit?
You must first qualify for filing a claim, and then file an approved claim with supporting documentation during the Claim Period. To qualify for a replacement as described in numbers 1 and 2 above, your notebook computer must be one of the Dell, HP or Apple notebook computer models listed in the Table of Class Computers, contain an NVIDIA MCP or GPU, and be exhibiting one of the symptoms listed in the Table of Identified Symptoms. To qualify for a reimbursement as described in number 3 above, your notebook computer must be listed in the Table of Class Computers, contain an NVIDIA MCP or GPU, and must have been repaired because it was exhibiting one of the symptoms listed in the Table of Identified Symptoms. The Claim Period will begin after the Court grants final approval of the Settlement. Whether or not the Court has granted final approval, the Claim Period dates and further instructions for how to qualify and file a claim will be posted at the settlement website (http://www.NVIDIASettlement.com) and at the toll-free telephone support line (1-877-440-7557).
Register Your Email Address To Receive an Alert When the Claim Period Begins.
To receive an email alert when the Claim Period begins, between now and December 20, 2010, visit http://www.NVIDIASettlement.com and register your email address. If you previously received an emailed notice about this settlement, there is no need to register.
What Are Your Options?
If you are a Class Member and you don’t want to receive a replacement or reimbursement as described above and you don’t want to be legally bound by the settlement, you must exclude yourself by November 5, 2010, or you won’t be able to sue, or continue to sue, NVIDIA about the legal claims in this case. If you exclude yourself, you can’t receive a replacement or reimbursement under this settlement. If you remain a Class Member, you may object to the settlement by November 5, 2010. The Full Notice describes how to exclude yourself or object. The Court will hold a hearing in this case (The NVIDIA GPU Litigation, Case No. 08-cv-04312-JW) on December 20, 2010, to consider whether to approve the settlement and attorneys’ fees and expenses in the amount of $13 million. You may appear at the hearing, but you don’t have to. For more details, call toll-free 1-877-440-7557, go to http://www.NVIDIASettlement.com, or write to NVIDIA GPU Litigation Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177.
This is only a summary of the Full Notice. Please visit http://www.NVIDIASettlement.com or call
1-877-440-7557 to obtain a copy of the Full Notice.
Table of Class Computers
The following notebook computer models are included in the settlement if they contain an NVIDIA GPU or MCP and were purchased in the time period corresponding to each Product Identification Number:
Apple MacBook Pro (15-inch) May 2007 – September 2008
Apple MacBook Pro (17-inch) May 2007 – September 2008
Dell Inspiron 1420 May 2007 – September 30, 2008
Dell Inspiron 9400/E1705 March 2006 – February 28, 2010
Dell Latitude D620 December 2005 – November 30, 2008
Dell Latitude D630 February 2007 – September 30, 2008
Dell Latitude D630c February 2007 – September 30, 2008
Dell Latitude D820 November 2005 – March 31, 2008
Dell Latitude D830 March 2007 – September 30, 2008
Dell Precision M2300 August 2007 – September 30, 2008
Dell Precision M4300 March 2007 – September 30, 2008
Dell Precision M6300 December 2007 – March 31, 2009
Dell Precision M65 November 2005 – January 31, 2008
Dell Vostro 1700 March 2007 – September 30, 2008
Dell Vostro Notebook 1310 December 2007 – September 30, 2008
Dell Vostro Notebook 1400 May 2007 – September 30, 2008
Dell Vostro Notebook 1510 December 2007 – September 30, 2008
Dell Vostro Notebook 1710 January 2008 – July 31, 2008
Dell XPS M1210 March 2006 – November 30, 2008
Dell XPS M1330 March 2007 – September 30, 2008
Dell XPS M1530 September 2007 – January 31, 2009
Dell XPS M1710 March 2006 – February 28, 2010
Dell XPS M1730 November 2007 – January 31, 2009
Dell XPS1710 March 2006 – April 30, 2009
HP Compaq Presario v30xx March 2006 – October 31, 2008
HP Compaq Presario v31xx March 2006 – October 31, 2008
HP Compaq Presario v32xx March 2006 – October 31, 2008
HP Compaq Presario v33xx March 2006 – October 31, 2008
HP Compaq Presario v34xx March 2006 – October 31, 2008
HP Compaq Presario v60xx May 2006 – October 31, 2008
HP Compaq Presario v61xx May 2006 – October 31, 2008
HP Compaq Presario v62xx May 2006 – October 31, 2008
HP Compaq Presario v63xx May 2006 – October 31, 2008
HP Compaq Presario v64xx May 2006 – October 31, 2008
HP Compaq Presario F500 October 2006 – September 30, 2008
HP Pavilion dv20xx March 2006 – December 31, 2008
HP Pavilion dv21xx March 2006 – December 31, 2008
HP Pavilion dv22xx March 2006 – December 31, 2008
HP Pavilion dv23xx March 2006 – December 31, 2008
HP Pavilion dv24xx March 2006 – December 31, 2008
HP Pavilion dv60xx May 2006 – April 30, 2009
HP Pavilion dv61xx May 2006 – April 30, 2009
HP Pavilion dv62xx May 2006 – April 30, 2009
HP Pavilion dv63xx May 2006 – April 30, 2009
HP Pavilion dv64xx May 2006 – April 30, 2009
HP Pavilion dv90xx May 2006 – November 30, 2008
HP Pavilion dv92xx May 2006 – November 30, 2008
HP Pavilion dv93xx May 2006 – November 30, 2008
HP Pavilion dv94xx May 2006 – November 30, 2008
HP Pavilion tx1xxx March 2007 – May 31, 2008
More info: http://www.nvidiasettlement.com/
Source: United States District Court for the Northern District of California, San Jose Division
[Thanks to MacDailyNews Readers too numerous to mention individually for the heads up.]
