AMD Wins Rights To See Third-Party Documents In Fight Against Intel

LONDON — Advanced Micro Devices Inc. won another skirmish in what promises to become another protracted war in the courts action against Intel. The company has won a motion to serve document preservation subpoenas against computer makers, retailers, distributors and small system builders almost immediately after filing the motion Friday (July 1) as part of its claim that Intel coerced such companies to use its x86 processors rather than AMD's.

Use of such documentary evidence is expected to play a key role as AMD attempts to prove its antitrust suit in the District Court of Delaware.

The motion sought a judicial order permitting AMD to "preserve relevant evidence that is in the possession of specified third-parties." The company said its lawyers will now "engage in discussions with 30 third-parties in an effort to implement the order so as to preserve evidence while imposing on them as little an administrative burden as possible."

Last Friday (July 1), two owners of computers with Intel processors were also reported to have filed separate class actions against Intel in a separate U.S. District Court.

As well as documentary evidence, AMD is likely to call senior executives from some of the companies named in its 48-page complaint that alleges coercion and illegal tactics.For instance the document cites supportive comments from Michael Capellas, who was chief executive of Compaq at the time the allegations were said to be taking place and who is now CEO of telecoms operators MCI.

It says: "Capellas disclosed that because of the volume of business he had given to AMD, Intel withheld delivery of server chips that Compaq desperately needed." Reporting that 'he had a gun to his head', Capellas informed a senior executive at AMD that he had to stop buying AMD processors.