Intel will have to fight Via on antitrust allegations
Via wins appeal against Intel in England
By Mike Magee: Sunday 22 December 2002, 09:31
A STATEMENT from Via today said that the English Court of Appeal has ruled on an element of its long legal battle with Intel and admitted claims the Taiwanese firm made alleging antitrust actions by the chip giant.
This slab of a complicated set of legal proceedings relates to a law suit Intel started last year in this country claiming Via's CPUs and chipsets infringed five Intel patents.
Via said that one element of its defence to this charge was that Intel has acted anti-competitively in both processor and chipset markets.
But, in April, Intel applied to m'learned fiends in the English High Court for summary dismissal of the case.
A judge granted that, but Via appealed against the decision.
Via said that the Court of Appeal upheld its appeal in its entirety.
The judgement said: "If what VIA alleges is made out then the dominance of Intel in the world-wide market in the important and developing technology for PCs is buttressed by its enormous portfolio of patents and restrictive licensing policy. This may be true of others but in the case of this technology the commercial and technical requirement for compatibility of hardware and software confers on the industry leader an even more impregnable position."
Overturning a ruling by Mr Justice Lawrence Collins, the Appeal Court said the proceedings raised "momentous issues".
The five infringement claims will now be heard at a full trial, while Intel is being forced to pay Via's legal costs for both the High Court and Court of Appeal hearings so far.
Via said it would press for a swift trial of Intel's allegation here in Britain. µ
