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September 10, 2008 10:10 AM PDT

Lawsuit alleges Nvidia hid chip defects

by Brooke Crothers
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A lawsuit filed Tuesday alleges Nvidia lost more than $3 billion in market value because it concealed defects in its graphics chips.

The complaint filed by New York-based Shalov Stone Bonner & Rocco alleges that Nvidia committed "securities fraud" due to "a series of misrepresentations and omissions that actively concealed and failed to disclose the unusually high failure rates of Nvidia's mobile video adapters."

The suit ties the alleged misrepresentations to Nvidia's loss of market capitalization since July when the company "belatedly" revealed the information about problems and "promptly" lost $3 billion in market capitalization. The class action covers the period between November 8, 2007, and July 2, 2008--when Nvidia allegedly failed to disclose problems.

On July 2, Nvidia announced that it would take a one-time charge of $150 million to $200 million to "cover anticipated warranty, repair, return, replacement and other costs and expenses, arising from a weak die/packaging material set in certain versions of its previous generation GPU and MCP products used in notebook systems." (GPU stands for graphics processing unit, and MCP for multichip package.)

Hewlett-Packard stated in July that it "initiated a customer program to address this issue in November 2007, and have notified registered customers who have notebook PC models that are included in this HP program."

Dell at that time also issued a statement and offered a workaround that involved updating the computer's BIOS (basic input/output system). Other PC makers have also offered BIOS workarounds that try to mitigate potential problems.

Dell characterized the problem as "weak die/packaging material set, which may fail with GPU temperature fluctuations. If your GPU fails, you may see intermittent symptoms," Dell said at that time.

Both companies listed more than a dozen laptop models potentially affected by the glitch.

The most oft-cited graphics chip models potentially affected by the problem are Nvidia's GeForce 8 series.

Symptoms include black screens, duplicate images, wireless networking complications, and the random appearance of lines, characters, and other on-screen interference, according to the complaint.

The lawsuit tries to draw a comparison with the infamous Intel chip flaw of 1994 that forced Intel to take a $475 million write down. That flaw, however, turned out to be extremely rare. The lawsuit contends that this kind of "disaster scenario" has "materialized" for Nvidia.

Filed in United States District Court for the Northern District of California, the lawsuit names as defendants Nvidia and the company's CEO and CFO during the Class Period.

Brooke Crothers has served as an editor at large at CNET News, an editor at Dow Jones' Asian Wall Street Journal Weekly, and a senior editor at InfoWorld. His CNET blog covers chip technology and computer systems, and how they define the computing experience. He also contributes to The New York Times' Bits and Technology sections. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. Follow Brooke on Twitter @mbrookec.
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by mhinnewyork September 10, 2008 11:42 AM PDT
For an intro/overview of the problem see
Summarizing the Nvidia problems with laptop chips overheating
http://news.cnet.com/8301-13554_3-10020782-33.html
Michael Horowitz
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by skrubol September 11, 2008 7:08 AM PDT
MCP in nVidia land stands for Media Control Processor. MCM (multichip module,) is usually used to describe a chip package with multiple dies recently.
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by StaceyLackey November 6, 2009 3:31 AM PST
I just made a site www.deadcomputer.webs.com to see just how many people are affected by this and how many of those people aren't covered under hp's warranty. I also was curious to hear about each person's experience with the customer service.
-Stacey
I'd appreciate anyone's input.
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About Nanotech - The Circuits Blog

Brooke Crothers has served as an editor at large at CNET News, an editor at Dow Jones' Asian Wall Street Journal Weekly, and a senior editor at InfoWorld. His CNET blog covers chip technology and computer systems, and how they define the computing experience. He also contributes to The New York Times' Bits and Technology sections. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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