UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IN RE: LITHIUM ION BATTERIES ANTITRUST LITIGATION This Document Relates To: ALL DIRECT PURCHASER ACTIONS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No. 13-md-02420-YGR MDL No. 2420 [PROPOSED] ORDER GRANTING SETTLEMENT CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH MAXELL DEFENDANTS Date: April 25, 2017 Time: 2:00 p.m. Judge: Hon. Yvonne Gonzalez Rogers Location: Courtroom 1 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING SETTLEMENT CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH MAXELL DEFENDANTS Case No. 13-md-02420-YGR

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 17, 2017, Direct Purchaser Plaintiffs ( Plaintiffs ) filed a Motion for Certification of Settlement Classes and Preliminary Approval of Class Action Settlements, including with Defendants Hitachi Maxell, Ltd., and Maxell Corporation of America (collectively Maxell ). The Court, having reviewed the motion, the settlement agreement, the pleadings and other papers on file in this action, and the statements of counsel and the parties, hereby finds that the motion should be GRANTED. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. For purposes of this Order, except as otherwise set forth herein, the Court adopts and incorporates the definitions contained in the settlement agreement, to the extent not contradictory or mutually exclusive. 2. The Court hereby preliminarily approves the settlement agreement, which is attached hereto as Exhibit A. 3. The Court finds that the settlement falls within the range of possible approval and that there is a sufficient basis for notifying the settlement class and for setting a Fairness Hearing. 4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court certifies the following settlement class for purposes of this Motion only with respect to Maxell: All persons and entities that purchased a Lithium Ion Battery or Lithium Ion Battery Product from any Defendant, or any division, subsidiary or affiliate thereof, or any co-conspirator in the United States during the Class Period, from January 1, 2000 through May 31, 2011. Excluded from the Class are Defendants, their parent companies, subsidiaries and affiliates, any Co-Conspirators, federal governmental entities and instrumentalities of the federal government, states and their subdivisions, agencies and instrumentalities, and any judge or jurors assigned to this case. 5. The Court further finds that the prerequisites to certifying a settlement class under Rule 23 are satisfied for settlement purposes in that: (a) there are thousands of geographically dispersed settlement class members, making joinder of all members impracticable; (b) there are questions of law and fact common to the settlement class which predominate over individual issues; (c) the claims or defenses of the settlement class plaintiffs are typical of the claims or defenses of the settlement class; (d) the plaintiffs will fairly and adequately protect the interests of the settlement class, and have retained counsel experienced in antitrust class action litigation who 1 [PROPOSED] ORDER GRANTING SETTLEMENT CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH MAXELL DEFENDANTS Case No. 13-md-02420-YGR

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 have, and will continue to, adequately represent the settlement class; and (e) a settlement class resolution is superior to individual settlements. 6. The Court hereby appoints the Plaintiffs named in the Direct Purchaser Plaintiffs Second Consolidated Amended Complaint, ECF No. 415 (Apr. 8, 2014) ( SCAC ), as Class Representatives of the settlement class. 7. The Court appoints the law firms of Saveri & Saveri, Inc.; Pearson, Simon & Warshaw, LLP; and Berman DeValerio to serve as Class Counsel for the settlement class. 8. The Court approves the form of the Long-Form Notice attached hereto as Exhibit B ( Long-Form Notice ). The Court also approves the form of the Short-Form Notice attached hereto as Exhibit C ( Short-Form Notice ). The Court finds that taken together, mailing of the Long-Form Notice (via U.S. Mail or electronic mail), publication of the Short-Form Notice, and internet posting of the Long-Form Notice are: (i) the best notice practicable; (ii) reasonably calculated to, under the circumstances, apprise the settlement class members of the proposed settlement and of their right to object or to exclude themselves as provided in the settlement agreement; (iii) reasonable and constitute due, adequate, and sufficient notice to all persons entitled to receive notice; and (iv) meet all applicable requirements of due process and any other applicable requirements under federal law. 9. Plaintiffs claims administrator shall provide notice of the class settlement. The claims administrator shall provide direct notice of the settlement to all members of the settlement class, previously identified by the claims administrator in connection with the Sony settlement, on or before May 10, 2017 by sending the Long-Form Notice to class members via first class U.S. mail (postage prepaid) or by electronic mail. The claims administrator shall publish the Short-Form Notice in the national edition of the Wall Street Journal on or before May 15, 2017. The claims administrator shall also cause a copy of the class notices and settlement agreement to be posted on the internet website www.batteriesdirectpurchaserantitrustsettlement.com on or before May 10, 2017. 10. Each settlement class member shall have the right to be excluded from the settlement class by mailing a request for exclusion to the claims administrator no later than June 2 [PROPOSED] ORDER GRANTING SETTLEMENT CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH MAXELL DEFENDANTS Case No. 13-md-02420-YGR

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26, 2017. Requests for exclusion must be in writing and set forth the name and address of the person or entity who wishes to be excluded, as well as all trade names or business names and addresses used by such person or entity, and must be signed by the class member seeking exclusion. No later than July 10, 2017, Class Counsel shall file with the Court a list of all persons or entities who have timely requested exclusion from the settlement class as provided in the settlement agreement. 11. Any settlement class member who does not properly and timely request exclusion from the settlement class as provided above shall, upon final approval of the settlement, be bound by the terms and provisions of the settlement so approved, including but not limited to the releases, waivers, and covenants described in the agreement, whether or not such person or entity objected to the settlement agreement and whether or not such person or entity makes a claim upon the settlement funds. 12. Each settlement class member who has not timely excluded itself from the settlement shall have the right to object to (1) the settlement, and/or (2) the plan of allocation by filing written objections with the Court no later than June 26, 2017. Failure to timely file written objections will preclude a class member from objecting to any or all of the settlement. 13. Each settlement class member as provided above shall have the right to appear at the Fairness Hearing by filing a Notice of Intention to Appear no later than June 26, 2017. 14. The Court will conduct a Fairness Hearing on August 29, 2017 at 2:00 p.m. The Fairness Hearing will be conducted to determine the following: a. Whether the proposed settlement is fair, reasonable, and adequate and should be granted final approval; b. Whether final judgment should be entered dismissing with prejudice the claims of the settlement class against Maxell; c. Approval of the plan of allocation; and d. Such other matters as the Court may deem appropriate. 15. Each member of the settlement class shall retain all rights and causes of action with respect to claims against the remaining defendants other than Maxell regardless of whether such 3 [PROPOSED] ORDER GRANTING SETTLEMENT CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH MAXELL DEFENDANTS Case No. 13-md-02420-YGR

1 2 3 4 5 6 7 8 9 10 11 12 member of the settlement class decides to remain in the settlement class or to exclude itself from the settlement class. 16. All briefs, memoranda and papers in support of final approval of the settlement shall be filed no later than July 24, 2017. 17. Class Counsel and their designees are authorized to expend funds from the escrow accounts to pay taxes, tax expenses, notice, and administration costs as set forth in the settlement agreement. 18. All further direct purchaser class proceedings as to Maxell are hereby stayed except for any actions required to effectuate the settlement. 19. The Court retains exclusive jurisdiction over this action to consider all further matters arising out of or connected with the settlement. IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Dated: April 26, 2017 Hon. Yvonne Gonzalez Rogers United States District Judge 28 4 [PROPOSED] ORDER GRANTING SETTLEMENT CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT WITH MAXELL DEFENDANTS Case No. 13-md-02420-YGR

EXHIBIT A

Exhibit B 1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If You Bought a Lithium Ion Cell, Lithium Ion Battery or Lithium Ion Battery Product, Class Action Settlements May Affect You. A Lithium Ion Battery is a cylindrical, prismatic or polymer battery that is rechargeable and uses lithium ion technology. A Lithium Ion Battery Product is a product manufactured, marketed and/or sold by Defendants, their divisions, subsidiaries or affiliates, or their alleged coconspirators that contains one or more Lithium Ion Battery Cells manufactured by Defendants or their alleged co-conspirators. Lithium Ion Battery Products include, but are not limited to, notebook computers, cellular (mobile) phones, digital cameras, camcorders and power tools. A Federal Court authorized this Notice. This is not a solicitation from a lawyer. A class action lawsuit brought on behalf of direct purchasers of Lithium Ion Battery Cells ( Li-Ion Cells ), Lithium Ion Batteries ( Li-Ion Batteries ) and Lithium Ion Battery Products ( Li-Ion Products ) is currently pending. Plaintiffs claim that Defendants (listed below) and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of Li-Ion Cells. Plaintiffs further claim that direct purchasers from the Defendants of Li-Ion Cells, Li-Ion Batteries and Li-Ion Products may recover for the effect that the conspiracy had on the prices of these devices. Plaintiffs allege that, as a result of the unlawful conspiracy involving Li-Ion Cells, they and other direct purchasers paid more for Li-Ion Cells, Li-Ion Batteries and Li-Ion Products than they would have paid absent the conspiracy. Defendants deny Plaintiffs claims. Settlements have been reached with Defendants Hitachi Maxell, Ltd., and Maxell Corporation of America (collectively Maxell ); Defendant NEC Corporation ( NEC ); Defendant Panasonic Corporation ( Panasonic ); and Defendant Toshiba Corporation ( Toshiba ) (collectively Settling Defendants ). The Panasonic Settlement also resolves claims against Defendants SANYO Electric. Co., Ltd. and SANYO North America Corporation (collectively SANYO ) and Panasonic Corporation of North America. Your legal rights will be affected whether you act or don t act. This Notice includes information on the settlements and the lawsuit. Please read the entire Notice carefully. These rights and options and deadlines to exercise them are explained in this Notice You can object to or comment on the settlements... see Question 10 You may exclude yourself from the settlements... see Question 10 You may go to a hearing and comment on the settlements... see Question 12 The Court in charge of this case still has to decide whether to approve the settlements. For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 1

WHAT THIS NOTICE CONTAINS Basic Information... Page 3 1. Why did I get this Notice? 2. Who are the Defendant companies? 3. What is this lawsuit about? 4. Why are there settlements but the litigation is continuing? 5. What are Li-Ion Cells, Li-Ion Batteries, and Li-Ion Products? 6. What is a class action? The Settlement Classes... Page 4 7. How do I know if I m part of the settlement classes? 8. What do the settlements provide? 9. When can I get a payment? 10. What are my rights in the settlement classes? 11. What am I giving up to stay in the settlement classes? The Settlement Approval Hearing... Page 5 12. When and where will the Court decide whether to approve the settlements? 13. Do I have attend the hearing? The Lawyers Representing You... Page 6 14. Do I have a lawyer in the case? 15. How will the lawyers be paid? Getting More Information... Page 6 16. How do I get more information? For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 2

1. Why did I get this Notice? BASIC INFORMATION You or your company may have directly purchased Li-Ion Cells, Li-Ion Batteries and/or Li-Ion Products from January 1, 2000 through May 31, 2011. For purposes of the settlements, a direct purchaser is a person or business who bought a Li-Ion Cell, Li-Ion Battery and/or Li-Ion Product directly from one or more of the Defendants, or any division, subsidiary or Affiliate thereof, or any alleged co-conspirator (as opposed to an intermediary, such as a retail store) in the United States. You have the right to know about the litigation and about your legal rights and options before the Court decides whether to approve the settlements. The Notice explains the litigation, the settlements, and your legal rights. The Court in charge of the case is the United States District Court for the Northern District of California, and the case is called In re Lithium Ion Batteries Antitrust Litigation, Case No. 13-MD-02420-YGR. The people who sued are called Plaintiffs and the companies they sued are called Defendants. 2. Who are the Defendant companies? The Defendant companies include: LG Chem, Ltd.; LG Chem America, Inc.; Samsung SDI Co. Ltd.; Samsung SDI America, Inc.; Panasonic Corporation; Panasonic Corporation of North America; SANYO Electric Co., Ltd.; SANYO North America Corporation; Sony Corporation; Sony Energy Devices Corporation; Sony Electronics Inc.; Hitachi Maxell, Ltd.; Maxell Corporation of America; NEC Corporation; NEC Tokin Corporation; and Toshiba Corporation. 3. What is this lawsuit about? The lawsuit alleges that Defendants and co-conspirators conspired to raise and fix the prices of Li-Ion Cells for over ten years, resulting in overcharges to direct purchasers of Li-Ion Cells, Li-Ion Batteries and Li-Ion Products. The complaint describes how the Defendants and co-conspirators allegedly violated the U.S. antitrust laws by agreeing to fix prices and restrict output of Li-Ion Cells by, among other things, face-to-face meetings and other communications, customer allocation, and the use of trade associations. Defendants deny Plaintiffs allegations. The Court has not decided who is right. 4. Why are there settlements but the litigation is continuing? Plaintiffs have reached settlements with Defendants Maxell, NEC, Toshiba and Panasonic. The Panasonic Settlement also resolves claims against SANYO. The Court has already approved a settlement with another group of Defendants Sony Corporation, Sony Energy Devices Corporation and Sony Electronics Inc. (collectively Sony ). The case is continuing against the remaining non-released Defendants. Additional money may become available in the future as a result of a trial or future settlements, but there is no guarantee that this will happen. 5. What are Li-Ion Cells, Li-Ion Batteries, and Li-Ion Products? For the purposes of the settlements: Lithium Ion Battery Cell(s) or Li-Ion Cells means the main components of Lithium Ion Batteries. A cell includes the cathode, anode, and electrolyte. Lithium Ion Battery or Li-Ion Battery means a cylindrical, prismatic or polymer battery that is rechargeable and uses lithium ion technology. Lithium Ion Battery Products or Li-Ion Products means products manufactured, marketed and/or sold by Defendants, their divisions, subsidiaries or Affiliates, or their alleged co-conspirators that For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 3

contain one or more Lithium Ion Battery Cells manufactured by Defendants or their alleged coconspirators. Lithium Ion Battery Products include, but are not limited to, notebook computers, cellular (mobile) phones, digital cameras, camcorders and power tools. 6. What is a class action? In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All these people are members of the class, except for those who exclude themselves from the class. Important information about the case will be posted on the website www.batteriesdirectpurchaserantitrustsettlement.com as it becomes available. Please check the website to be kept informed about any future developments. THE SETTLEMENT CLASSES 7. How do I know if I m part of the settlement classes? The Maxell, NEC and Toshiba settlement classes include persons and entities who, from January 1, 2000 through May 31, 2011, bought a Li-Ion Cell, Li-Ion Battery and/or Li-Ion Product directly from one or more of the Defendants, or any division, subsidiary or Affiliate thereof, or any alleged co-conspirator (as opposed to an intermediary, such as a retail store) in the United States. The Panasonic settlement class includes persons and entities who made such purchases from May 1, 2002 through May 31, 2011. 8. What do the settlements provide? The settlements provide for payments totaling $49,850,000 in cash, plus interest, as follows: Maxell $3.45 million; NEC $1 million; Panasonic $42.5 million; Toshiba $2.9 million. The settlements also provide for continuing cooperation, including the production of witnesses. In addition, Settling Defendants sales remain in the case for the purpose of computing damages against the remaining Defendants. 9. When can I get a payment? More details are in the settlement agreements, available at www.batteriesdirectpurchaserantitrustsettlement.com No money will be distributed to any members of the settlement classes yet. The lawyers will pursue the lawsuit against the remaining defendants to see if any future settlements or judgments can be obtained in the case and then be distributed together, to reduce expenses. You will be notified in the future when and where to send a claim form. DO NOT SEND ANY CLAIMS NOW. In the future, the settlement funds will be allocated on a pro rata basis based on the dollar value of each class member s purchase(s) of Li-Ion Cells, Li-Ion Batteries and/or Li-Ion Products in proportion to the total claims filed. For purposes of determining the pro rata allocation of the settlement funds, purchases of Li-Ion Batteries and/or Li-Ion Products will be valued according to the proportionate value of the Li-Ion Cells contained in the product. The resulting amounts will be multiplied by the net settlement funds (total settlements minus all costs, attorneys fees, and expenses) to determine each claimant s pro rata share of the settlement fund. 10. What are my rights in the settlement classes? For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 4

Remain in the settlement classes: If you wish to remain a member of the settlement classes you do not need to take any action at this time. Get out of the settlement classes: If you wish to keep any of your rights to sue Maxell, NEC, Panasonic, SANYO and/or Toshiba about claims concerning the manufacture, supply, distribution, sale or pricing of Li-Ion Cells, other than indirect purchaser claims, or claims for product liability, personal injury, or breach of contract claims not related to the allegations in this case, you must exclude yourself from the settlement classes relating to the Defendant(s) you wish to retain your rights to sue. You will not get any money from the settlements from which you exclude yourself. To exclude yourself from one or more of the settlement classes, you must send a letter that includes the following: Your name, address and telephone number (include trade or business names, and address, and telephone numbers); A statement saying that you want to be excluded from In re Lithium Ion Batteries Antitrust Litigation, Case No. 13-MD-02420-YGR, Direct Purchaser Plaintiff settlements with Maxell, NEC, Panasonic and/or Toshiba. Your signature. You must mail your exclusion request, postmarked no later than June 26, 2017, to: In re Lithium Ion Batteries Antitrust Litigation Settlement Administrator P.O. Box 4098 Portland, OR 97208-4098 Remain in the settlement classes and Object: You can ask the Court to deny approval of one or more of the settlements by filing an objection. You can t ask the Court to order larger settlements; the Court can only approve or deny the settlements. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You may object to the proposed settlements in writing. You may also appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (In re Lithium Ion Batteries Antitrust Litigation, Case No. 13-MD-02420- YGR), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, 1301 Clay Street, Oakland, CA 94612, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be filed or postmarked on or before June 26, 2017. 11. What am I giving up to stay in the settlement classes? Unless you exclude yourself from the relevant settlement class(es), you can t sue Maxell, NEC, Panasonic, SANYO or Toshiba, or be part of any other lawsuit against Maxell, NEC, Panasonic, SANYO or Toshiba, about the legal issues in this case. It also means that all of the decisions by the Court will bind you. The Release of Claims includes any causes of actions asserted or that could have been asserted in the lawsuit, as described more fully in the settlement agreements. The settlement agreements are available at www.batteriesdirectpurchaserantitrustsettlement.com. THE SETTLEMENT APPROVAL HEARING 12. When and where will the Court decide whether to approve the settlements? For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 5

The Court will hold a Fairness Hearing at 2:00 p.m. on August 29, 2017, at United States District Courthouse, 1301 Clay Street, Courtroom 1, 4th Floor, Oakland, CA 94612. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the settlement class website for information. At this hearing, the Court will consider whether the settlements are fair, reasonable and adequate. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the settlements. We do not know how long these decisions will take. 13. Do I have to attend the hearing? No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file or mail an objection, you don t have to come to Court to talk about it. As long as you filed or mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it s not required. 14. Do I have a lawyer in the case? THE LAWYERS REPRESENTING YOU Yes. The Court has appointed the law firms of Saveri & Saveri, Inc.; Pearson, Simon & Warshaw, LLP; and Berman DeValerio to represent you as Class Counsel. You do not have to pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense. The contact information for Class Counsel is as follows: R. Alexander Saveri Geoffrey C. Rushing SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111 15. How will the lawyers be paid? CLASS COUNSEL Bruce L. Simon PEARSON, SIMON & WARSHAW, LLP 44 Montgomery Street, Suite 2450 San Francisco, CA 94104 Joseph J. Tabacco, Jr. BERMAN DEVALERIO 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Class Counsel are not asking for attorneys fees at this time. At a future time, Class Counsel will ask the Court for attorneys fees not to exceed one-third (33.3%) of this or any future settlement fund plus reimbursement of their costs and expenses, in accordance with the provisions of the settlement agreements. Class Counsel may also request that an amount be paid to each of the Class Representatives who helped the lawyers on behalf of the whole class (known as an incentive award ). 16. How do I get more information? GETTING MORE INFORMATION This notice summarizes the proposed settlements. For the precise terms and conditions of the settlements, please see the settlement agreements available at www.batteriesdirectpurchaserantitrustsettlement.com, by contacting Class Counsel at the addresses listed above under Question 14, by accessing the Court docket in this case through the Court s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov (using the instructions provided here: www.cand.uscourts.gov/existcasefaq and here: www.pacer.gov/psc/faq.html), or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 1301 Clay Street, Courtroom 1, 4th Floor, Oakland, CA 94612, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK S OFFICE TO INQUIRE ABOUT THESE SETTLEMENTS OR THE CLAIM PROCESS. For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 6

Dated: April 26, 2017 BY ORDER OF THE COURT For More Information: Call 1-844-778-5952 or Visit www.batteriesdirectpurchaserantitrustsettlement.com 7

Exhibit C 1

LEGAL NOTICE If You Bought a Lithium Ion Cell, Lithium Ion Battery or Lithium Ion Battery Product, Class Action Settlements May Affect You. Lithium Ion Battery Products include, but are not limited to, notebook computers, cellular (mobile) phones, digital cameras, camcorders and power tools. Why was this notice published? Settlements have been reached with four groups of defendants in a class action lawsuit involving Lithium Ion Cells ( Li-Ion Cells ), Lithium Ion Batteries ( Li-Ion Batteries ) and Lithium Ion Battery Products ( Li-Ion Products ). A Li-Ion Battery is a cylindrical, prismatic or polymer battery that is rechargeable and uses lithium ion technology. A Li-Ion Product is a product manufactured, marketed and/or sold by Defendants, their divisions, subsidiaries or Affiliates, or their alleged co-conspirators that contains one or more Lithium Ion Cells manufactured by Defendants or their alleged co-conspirators. Li-Ion Products include, but are not limited to, notebook computers, cellular (mobile) phones, digital cameras, camcorders and power tools. What is this lawsuit about? The lawsuit alleges that Defendants and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of Li-Ion Cells. Plaintiffs further claim that direct purchasers from the Defendants of Li-Ion Cells, Li-Ion Batteries and/or Li-Ion Products manufactured by a Defendant may recover for the effect that the alleged conspiracy had on the prices of the purchased items. Plaintiffs allege that, as result of the unlawful conspiracy involving Li-Ion Cells, they and other direct purchasers paid more for Li-Ion Cells, Li-Ion Batteries and Li-Ion Products than they would have absent the conspiracy. Defendants deny Plaintiffs claims. Who s included in the settlements? The settlement classes include persons and entities who, from January 1, 2000 through May 31, 2011, or from May 1, 2002 through May 31, 2011, bought a Li-Ion Cell, Li-Ion Battery and/or Li-Ion Product directly from one or more of the Defendants, or any division, subsidiary or affiliate thereof, or any alleged co-conspirator in the United States. Who are the Settling Defendants? Settlements have been reached with Defendants Hitachi Maxell, Ltd., and Maxell Corporation of America (collectively Maxell ); Defendant NEC Corporation ( NEC ); Defendant Panasonic Corporation ( Panasonic ); and Defendant Toshiba Corporation ( Toshiba ) (collectively Settling Defendants ). The Panasonic Settlement also resolves claims against the SANYO Defendants. A complete list of Defendants is set out in the Long Form of Notice available at www.batteriesdirectpurchaserantitrustsettlement.com. What do the settlements provide? The settlements provide for payments totaling $49,850,000 in cash, plus interest, to the settlement classes. Some Settling Defendants have agreed to produce witnesses in the case against the remaining Defendants. Money will not be distributed to members of the settlement classes at this time. The lawyers will pursue the lawsuit against the other Defendants, to see if any future settlements or judgments can be obtained in the case and then be distributed together, on a pro rata basis based on the value of your Li-Ion Cell, Li-Ion Battery and/or Li-Ion Product purchases, to reduce expenses. What are my rights? If you wish to remain a member of the settlement classes you do not need to take any action at this time. If you do not want to be legally bound by one or more of the settlements, you must exclude yourself in writing by June 26, 2017, or you will not be able to sue, or continue to sue, any Settling Defendants about the legal claims that were or could have been asserted in this case. If you wish to object to any aspect of one or more of the proposed settlements, you must do so in writing no later than June 26, 2017. The settlement agreements, along with details on how to object to them, are available at www.batteriesdirectpurchaserantitrustsettlement.com. The U.S. District Court for the Northern District of California will hold a Fairness Hearing on August 29, 2017 at 2:00 p.m., at 1301 Clay Street, Courtroom 1, 4th Floor, Oakland, CA 94612, to consider whether the settlements are fair, reasonable and adequate. If there are objections, the Court will consider them at that time. You may appear at the hearing, but don t have to. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for information. Please do not contact the Court about this case. The Court has appointed the law firms of Saveri & Saveri, Inc.; Pearson, Simon & Warshaw, LLP; and Berman DeValerio as Class Counsel, to represent Direct Purchaser Class members. This is a Summary Notice. For more details, call toll free 1-844-778-5952, visit www.batteriesdirectpurchaserantitrustsettlement.com, or write to In re: Lithium Ion Batteries Antitrust Litigation, Settlement Administrator, P.O. Box 4098, Portland, OR 97208-4098.