Out-Law / Your Daily Need-To-Know

Intel asks judge to dismiss AMD complaint

04 May 2006, 2:44 pm

Intel has called on Delaware District Court Judge Joseph J Farnan to dismiss the legal action brought against it by its arch-rival, AMD. The move had been expected: Intel's lawyers announced last month they would make the request. AMD's response could have been forecast too: it said the move was an "effort to escape responsibility" for Intel's alleged ill-conduct.

By Tony Smith for The Register.

This article has been reproduced with permission.

For its part, the chip giant said the US court has no jurisdiction in the matter. AMD, it said, has accused it of damaging the smaller chip maker's overseas sales, not sales made in the US. AMD's anti-trust action arises out of anti-competitive actions it maintains Intel took against it in Japan.

"Before subjecting Intel to the burden of defending its foreign business practices in a US court, AMD must meet the burden of establishing that this court has subject matter jurisdiction over AMD's foreign commerce claims," Intel said in a document submitted to the court.

AMD said in response that the case centres on actions allegedly perpetrated by one US company on another, and that makes the US court the ideal forum for the complaint to the aired and judged. It also maintained that Intel's alleged anti-competitive actions have global consequences. If the US consumer is affected, AMD has a right to pursue the case in a US court.

"Intel’s global exclusionary practices fall easily within the purview of US anti-trust laws and we expect that Intel’s motion will be denied," AMD said in a statement.