Advanced Micro Devices Inc (AMD)

[dacaw]

Interesting legal analysis.

Their legal expert makes little mention of attacks on the pleadings. I would expect Intel's counsel to aggressively try to pare off the causes of action not linked to monopoly status - by jurisdictional arguments on the CA Bus & Prof Code. I can't yet see an attack on the Clayton Act.

There is a possibility not yet made - a summary judgment by AMD. Unlikely since that would be examined de novo by Appellate, i.e the trial court's ruling would be examined afresh by Appellate and probably thrown back. Same goes if Intel moved for summary judgment.

The analysis by Pru assumed that discovery is the critical factor - I think that they have underestimated AMD's planning in this. I have little doubt that AMD has enough already. Overall the analysts treat this as tho' it just suddenly happened. I disagree: this has been simmering for years.

I was talking with a seasoned biz man on July 4. He owns a very large org. When I mentioned O'Melveney & Myers he guffawed and said, "Jeez you don't want to mess with those guys". He knew them very well, even having had offices in downtown LA on the floor below them. Even the very experienced blanche at the prospect of crossing swords with them O'M & M.