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Elmer Phud

11/13/07 6:56 PM

#52574 RE: jay1000 #52570

Jay - it is a public document but some of the lines have been obscured, apparently by agreement of both parties.

http://contracts.corporate.findlaw.com/agreements/amd/intel.license.2001.01.01.html
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The Duke of URL

11/13/07 7:00 PM

#52575 RE: jay1000 #52570

The percentage is 80. AMD can not farm out over 20% of the manufacture of Intel copied parts.

There are literally thousands of posts and references and a redacted document floating around on the internet.

There is no real internet conclusive answer. That answer lies buried at the vault at Intel, but

It would be highly believable. If the case settled that Intel would plug up the holes in the settlement.

If I grant you a license, I grant it to you. Not to a corporation that could sell its stock to someone else, and not to a person who could transfer through the subterfuge of "outsourcing" the manufacturing.

That is the way legal documents are drafted.





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Windsock

11/13/07 7:25 PM

#52579 RE: jay1000 #52570

Specifically:
1)What is the maximum percentage ?
(" AMD must manufacture most of its X86 processors").


The foundry limit was once "no more than 20%" as confirmed by Jerry Sanders back in the day when he was CEO. The number may have changed with the 2001 license renewal or by amendment but the limit still exists at probably the same level.

2)How will this be "enforced" or counted if they cheat ?
(I am sure they will, if/when they get desparate).


A nasty lawsuit.

Intel might once have hesitated to file such a suit because of concern that AMD would file an antitrust counter suit. AMD has already filed the antitrust law suit so Intel is free to fire away

3)And ...What are the legal ramifications/penalties if they do not comply ? ... A royalty per processor ??!!

AMD would be found guilty of patent infringement and could lose its patent license through termination. IMO, loss of the patent license is extremely unlikely.

4) Is the agreement "Public knowledge" and posted somewhere

The current Intel Patent Cross License was posted by AMD with the SEC in redacted form. A copy is available at Find Law.

http://contracts.corporate.findlaw.com/agreements/amd/intel.license.2001.01.01.html

Note that AMD has an obligation to pay royalties to Intel, see Section 4