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4/14/2006
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AMD Subpoenas Microsoft In Intel Antitrust Case

Advanced Micro Devices is asking for a variety of documents, E-mail, and other correspondence related to Microsoft's software development plans, inclusion of AMD in technology planning, and financial discussions about AMD, according to the subpoena.

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

The subpoena was given to Microsoft on April 13 and AMD is asking that the documents be delivered by May 15, according to a copy of the subpoena AMD 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 Redmond, Wash., 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."

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

Specifically, the subpoena requests documents reflecting the following:

  • Microsoft's decision to develop software for AMD's 64-bit CPUs, and the timing and schedule for development of that software.
  • Microsoft's discussions concerning desktop, development and implementation of standards, specification protocol or software for secure input interfaces, and AMD or Intel's inclusion in such discussions. An AMD spokesman said this issue largely refers to the Trusted Computing initiatives that have been worked on by Intel and Microsoft.
  • Discussions pertaining to actual or perceived collaboration or support of AMD's advertising and promotion, AMD processors, support of AMD product launches, and Intel's reaction to that support.
  • Discussions internally and with third parties concerning AMD's financing, valuation or financial viability.
  • 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 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.

    Microsoft was on the original list of companies AMD planned to subpoena when it initially filed the case and was expecting the action, an AMD spokesman said in an e-mail.

    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.

    Paula Rooney contributed to this report

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