Intel Corp (INTC)

[The Duke of URL]

sorry for the discontinuity but Microsoft upgrade my security midway and blew out my pass words so I had to begin again)

AMD has asked for a jury trial. There are at least five separate stages to go before we get to that point.

The first stage is Intel will ask for a motion in the nature of a demurrer. Intel will first demurrer which will test the sufficiency of the stated cause for relief. Or in English, have they made a claim upon which relief can be granted.

If the news reports of the Japanese settlement are correct, the court will dismiss the first count expressed in #40 and all counts that have as part of their reliance, the Japanese "acceptance".

And I think the court will be pissed at the attempt to slide by that which is clearly not res judicata or collateral estopple.

If I am correct, then Intel attorneys will follow up with the next motion to dismiss all those counts which allege what other people are supposed to be thinking.

About a third of the counts say in effect, "well Bob said to Jack"... These counts are evidence, they are not causes of action and will be stricken from the complaint, although they later may be proved at trial as evidence OF SOMETHING ELSE,.

The third group of allegations might be categorized as the "incentive" group. These are the allegations that Intel is using it's advertising budget to exclude AMD.

These allegations are subject to what is called a motion in the nature of a summary judgment motion.

It is a "so what" motion. It says even if you prove everything you have alleged, you still don't have a cause of action, or a claim upon which relief can be granted.

Intel has a right to use an adverting budget to sell more product. And the more they sell, the less AMD sells, that is not illegal, that is just tough patooties (using the Latin).

All this happens long before any jury is even impaneld, and to the extent Intel is successful at forming up the complaint, the jury will never hear that aspect of the case.

The last group which is Intel paid customers not to use AMD and the bundling issues and the volume discount issues, I will deal with when Dan has been able to digest this post. :))