[comp.arch] Intel goes to Cal Supreme Court

phil@brahms.amd.com (Phil Ngai) (01/24/91)

Intel Takes AMD Legal Battle to California Supreme Court

Intel Corp. has asked the California Supreme
Court to block an arbitrator's right to award damages
to AMD in the firms' breach-of-contract dispute.

The arbitrator--retired state judge J. Barton
Phelps--ruled on Oct. 11 that the Santa Clara,
Calif., company had breached its contract with
AMD and that AMD is entitled to damages. He
also declared that AMD had failed to keep its
promise to deliver certain chips to Intel.

AMD, of Sunnyvale, Calif., is seeking $500
million in damages, but Phelps could also decide
to award AMD rights to manufacture the 386
chip, which is available only from Intel.

In mid-November, Phelps began closed hearings
to determine damages. This phase will take
at least six months, said F. Thomas Dunlap,
Intel's general counsel, in Santa Clara, Calif.

Following Phelps' Oct. 11 decision, Intel
asked Superior Court Judge Ronald Whyte, who
oversees the two companies' arbitration, to
declare that Phelps does not have authority to
award damages. Whyte rejected Intel's request,
as did the State Court of Appeals in December.
Late last month, Intel appealed to the state
Supreme Court.

(This came from PC Week. I do not speak for anyone.)

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