The suit, filed in the federal district court in Marshall, Texas, alleges that Intel infringed U.S. Patent No. 6,881,632. In a separate action, AmberWave (Salem, N.H.) filed a counterclaim against Intel in the federal district court in Wilmington, Del., alleging infringement of U.S. Patent No. 6,831,292.
AmberWave's counterclaim follows on the heels of Intel's declaratory relief action, filed on May 25, seeking a determination that Intel does not infringe this same patent.
These suits involve two distinct techniques developed by AmberWave to increase the performance of semiconductor devices.
“AmberWave contends that Intel is using these proprietary techniques as part of the strained silicon technology incorporated in its top-of-the-line 90-nm Pentium microprocessors,” according to the company. “This technology is critical to enabling Intel to continue its historical pace of microprocessor performance enhancement.”
The litigation arose after Intel refused to negotiate a commercially reasonable license agreement with AmberWave. "As an engineering firm, we are very proud of the significant advances offered by our patent-protected technologies," noted AmberWave CEO Richard Faubert, in a statement.
"Because Intel has been using these proprietary technologies without a license from AmberWave," Faubert added, "we have no choice but to defend our intellectual property rights."