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AMD subpoenas Microsoft for Intel antitrust case

Posted: 18 Apr 2006 ?? ?Print Version ?Bookmark and Share

Keywords:Kristen Kenedy? Advanced Micro Devices? AMD? Microsoft? antitrust suit?

Advanced Micro Devices (AMD) said it had issued Microsoft a subpoena to produce documents as part of its antitrust suit against Intel.

The subpoena was given to Microsoft last week (April 13) and the company is asking that the documents be delivered by May 15, according to a copy of the subpoena it provided to CRN.

AMD is asking for a variety of documents, e-mail and correspondence as far back as January 2000 related to Microsoft's software development plans, inclusion of AMD in technology planning, and financial discussions about AMD, according to the subpoena.

A Microsoft spokeswoman said the software maker is not a party to the lawsuit. "We anticipate that both sides will be seeking documents and other evidence from Microsoft and many other participants in the PC industry," the spokeswoman said. "We will work with the parties in this case to respond to reasonable requests for documents and information."

Specifically, the subpoena requests documents reflecting Microsoft's decision to develop software for AMD's 64-bit CPUs; discussions to actual or perceived collaboration or support of AMD's advertising and promotion and Intel's reaction to that support; discussions internally and with third parties concerning AMD's financing, valuation or financial viability; and discussions and reports comparing Intel and AMD products from a price, quality and performance standpoint.

AMD originally filed the antitrust suit last June in the U.S. district court in Delaware. AMD alleges that Intel bullied customers to secure a monopoly in the x86 processor market. The complaint identifies 38 companies that AMD claims have been victims of Intel's illegal business practices, including large computer makers, distributors, systems builders and retailers.

AMD and Intel are slated to appear at an administrative hearing for the case April 20. That "initial status conference" will seek to work out some ground rules necessary to start the trail. At press time, an agenda for the hearing was unavailable, but an AMD spokesman said the chip maker has proposed discussions about the discovery process and procedures for protecting trade secrets during the trial.

An Intel spokesman declined to comment on the specifics of subpoenas. Intel has repeatedly denied any wrong doing in this case.

- Kristen Kenedy
CRN

Paula Rooney contributed to this report




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