Intel seeks to rein in AMD case

update Chipmaker contends that foreign business practices are irrelevant to AMD's lawsuit in a U.S. court.

Dawn Kawamoto Former Staff writer, CNET News
Dawn Kawamoto covered enterprise security and financial news relating to technology for CNET News.
Dawn Kawamoto
2 min read
A correction was made to this story. Read below for details.
update Intel filed a motion on Wednesday asking a federal-court judge to dismiss portions of an antitrust lawsuit brought by its archrival, Advanced Micro Devices.

In the motion, Intel seeks to have the U.S. District Court in Delaware strike portions of the lawsuit that involve AMD business outside the United States. AMD has alleged that Intel violated antitrust laws by offering marketing and pricing programs that called for excluding the use of processors from rival chipmakers.

Noting that certain AMD chips are manufactured in Germany and sold to markets in Asia, Intel asked whether U.S. courts should have jurisdiction over parts of AMD's lawsuit that are connected with activities overseas.

"Before subjecting Intel to the burden of defending its foreign business practices in a U.S. Court, AMD must meet the burden of establishing that this court has subject matter jurisdiction over AMD's foreign commerce claims," Intel's brief states.

A spokesman for Intel said if the court grants its motion, the chip giant would not have to unnecessarily prepare for parts of the case that may be irrelevant. But he noted that the remaining parts of the case would still be addressed by the U.S. court.

Should Intel prevail with its motion, AMD would be prohibited from mentioning in the U.S. court case other actions that foreign antitrust agencies have taken in regard to Intel's business practices abroad.

Last year, Intel agreed to abide by the recommendations of the Japan Fair Trade Commission in its antitrust case against the chip giant. Meanwhile, the Korean Fair Trade Commission and European antitrust regulators have raided Intel's offices in the past two years.

An AMD representative has contended that Intel's motion to dismiss those portions of the case are an "effort to escape responsibility for marketplace misconduct and to inhibit fair and open competition in the microprocessor market."

In the meantime, both parties have asked the court to hold the trial in 2008.


Correction: This story misstated the extent of Intel's request to the court. The chipmaker is seeking only for the court to dismiss portions of AMD's case that deal with foreign business practices.