Chipmaker, Advanced Micro Devices will be able to collect evidence about events outside the US for an antitrust lawsuit against rival, Intel.
AMD alleges Intel used its dominant position in the microprocessor business to pressure system makers not to use AMD chips in their products. Its suit is scheduled to be heard in a US court beginning April 2009.
Intel had argued against allowing discovery, or the collection of evidence, for documents involving activities outside the US. But it decided not to object to a 15 December recommendation by Special Master Vincent Poppiti that foreign discovery should go forward, said Intel spokesman Chuck Molloy. A special master is a specialist appointed to overlook certain aspects of a suit.
Presiding Judge Farnan ordered Intel to produce documents and other evidence sought in discovery that concern its business outside the US. In a press release Thursday, AMD hailed the order as a major victory in its suit, which was filed in June 2005.
AMD alleges that Intel, which had about 80% of the global microprocessor market, tried to keep system makers from using AMD chips through actions such as threatening to withhold incentive payments.
Intel had argued it shouldn't have to produce evidence about its actions outside the US because the court didn't have jurisdiction there. But AMD argued those foreign actions could affect US customers. In September, Judge Farnan asked Poppiti to make a recommendation on the discovery issue. It was issued 15 December, and Intel had until Wednesday to file an objection.
Although Intel is no longer fighting foreign discovery, it isn't conceding that the evidence can be admitted in court, Molloy said. In his recommendation, Poppiti stated he wasn't making a decision about whether the evidence could be used, Intel said in its letter to Judge Farnan.
Discovery has just begun in the case, Molloy said. The next scheduled event in the case is a hearing before Judge Farnan on 12 January.
A US judge ordered Intel to produce evidence about its foreign activities for an antitrust lawsuit by AMD.