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28 Case No. 5:17-CV-00220-LHK; No. 

5:17-md-02773-LHK 

DECLARATION OF MARK A. FORD IN 

SUPPORT OF NON-PARTY INTEL 

CORPORATION’S POSITION STATEMENT 

ON DEPOSITIONS

Mark Selwyn 

WILMER CUTLER PICKERING

HALE AND DORR LLP 

950 Page Mill Road 

Palo Alto, California 94304 

Telephone: (650) 858-6000 

Facsimile: (650) 858-6100 

William F. Lee 

Joseph J. Mueller 

Mark A. Ford 

Timothy Syrett 

WILMER CUTLER PICKERING

HALE AND DORR LLP 

60 State Street 

Boston, MA 02109 

Telephone: (617) 526-6000 

Facsimile: (617) 526-5000 

Attorneys for Non-Party Intel Corporation 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION 

Plaintiff, 

v. 

QUALCOMM INCORPORATED, a Delaware 

corporation, 

Defendant. 

-------------------------------------------------------------

IN RE QUALCOMM ANTITRUST 

LITIGATION 

Case No. 5:17-cv-00220-LHK; No. 5:17-

md-02773-LHK 

DECLARATION OF MARK A. FORD 

IN SUPPORT OF NON-PARTY INTEL 

CORPORATION’S POSITION 

STATEMENT ON DEPOSITIONS 

Case 5:17-cv-00220-LHK Document 521 Filed 01/31/18 Page 1 of 4
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28 Case No. 5:17-CV-00220-LHK; No. 

5:17-md-02773-LHK 

1 DECLARATION OF MARK A. FORD IN 

SUPPORT OF NON-PARTY INTEL 

CORPORATION’S POSITION STATEMENT 

ON DEPOSITIONS

DECLARATION OF MARK A. FORD IN SUPPORT OF NON-PARTY INTEL 

CORPORATION’S POSITION STATEMENT ON DEPOSITIONS 

1. I am member of the Bar of the Commonwealth of Massachusetts (BBO #659009), 

and admitted pro hac vice in this action. I am a partner at the law firm Wilmer Cutler Pickering 

Hale and Dorr LLP, counsel for Non-Party Intel Corporation (“Intel”) in the above-captioned 

matter. I provide this declaration in support of Intel’s position statement regarding the length of 

depositions of Intel’s current and former employees. This declaration is based on personal 

knowledge of the matters set forth herein. 

2. On March 28, 2016, Dana Hayter provided investigational hearing testimony 

before the Federal Trade Commission (“FTC”). 

3. On March 29, 2016, Asha Keddy provided investigational hearing testimony 

before the FTC. 

4. March 30, 2016, Alexander Straub provided investigational hearing testimony 

before the FTC. 

5. On September 15, 2016, Aichatou Evans provided investigational hearing 

testimony before the FTC. 

6. The transcripts of the FTC investigational hearing testimony of Evans, Hayter, 

Keddy, and Straub are a cumulative 465 pages. 

7. Intel produced over 1.4 million documents in response to Qualcomm’s document 

requests. 

8. To date, Qualcomm has served deposition subpoenas on the following current or 

former Intel employees, each of whom has agreed to be deposed or whom Intel has agreed to 

make available: Kevin Constantine, Mark Davis, Hermann Eul, Dana Hayter, Aicha Evans, Asha 

Keddy, and Stefan Wolff. 

9. Qualcomm requested the deposition of former Intel employee Thomas Leuftner, 

but Mr. Lueftner is a former employee who resides outside the subpoena power of the Court. 

Case 5:17-cv-00220-LHK Document 521 Filed 01/31/18 Page 2 of 4
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28 Case No. 5:17-CV-00220-LHK; No. 

5:17-md-02773-LHK 

2 DECLARATION OF MARK A. FORD IN 

SUPPORT OF NON-PARTY INTEL 

CORPORATION’S POSITION STATEMENT 

ON DEPOSITIONS

10. Qualcomm has also requested that Intel make available for deposition Thomas 

Lindner, a current Intel employee, who resides in Germany. 

11. Qualcomm has also served deposition subpoenas on former Intel employee 

Michael Bell, who asserts that his deposition would be unduly burdensome, minimally relevant, 

and cumulative. Intel and Qualcomm are currently discussing Mr. Bell’s request that Qualcomm 

withdraw the subpoena and Mr. Bell’s potential motion to quash. 

12. In an email on Friday, January 26, 2018, counsel for Qualcomm Antony Ryan 

informed me that Qualcomm would require only five (5) hours for Mr. Hayter’s deposition, 

which is taking place on January 31, 2018, and that Plaintiffs would share the remaining two (2) 

hours. 

13. During a meet and confer on Monday, January 29, 2018, Qualcomm stated that it 

may subpoena at least one additional Intel witness. 

14. During a telephonic meet and confer on Monday, January 29, 2018, and 

discussions with me on or around Friday, January 26, Plaintiffs stated that they were willing to 

share a single day with Qualcomm for all Intel witnesses and were willing to negotiate with 

Qualcomm how to divide that time. 

I declare under penalty of perjury that the foregoing is true and correct. This declaration is 

executed on this 30th day of January 2018 in Massachusetts. 

By: /s/ Mark A. Ford 

Mark A. Ford 

Case 5:17-cv-00220-LHK Document 521 Filed 01/31/18 Page 3 of 4
FILER’S ATTESTATION

I, Antony L. Ryan, am the ECF user whose identification and password are being 

used to file this Declaration of Mark A. Ford in Support of Non-Party Intel Corporation’s 

Position Statement on Depositions. In compliance with Civil Local Rule 5-1(i)(3), I 

hereby attest that the signatories on this document have concurred in this filing. 

/s/ Antony L. Ryan 

Antony L. Ryan 

Case 5:17-cv-00220-LHK Document 521 Filed 01/31/18 Page 4 of 4