Intel asks judge to throw out AMD case

By Dawn Kawamoto, CNET News.com
Thursday, May 04, 2006 10:17 AM

Intel filed a motion Wednesday asking a federal court judge to dismiss an antitrust lawsuit brought by its archrival, Advanced Micro Devices.

Intel, in its motion filed in U.S. District Court in Delaware, states that the federal court should not have jurisdiction over AMD's antitrust case since AMD has alleged that its foreign sales, not domestic sales, are what Intel has damaged.

"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.

AMD alleges that Intel violated antitrust laws by offering marketing and pricing programs that called for excluding the use of rival chipmakers.

An AMD representative has contended that Intel's motion to dismiss the case is 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.


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