Monday, March 16th 2009

Intel Notifies AMD of Cross-License Breach

Intel Corporation today disclosed that the company has notified Advanced Micro Devices (AMD) that it believes AMD has breached a 2001 patent cross-license agreement with Intel. Intel believes that Global Foundries is not a subsidiary under terms of the agreement and is therefore not licensed under the 2001 patent cross-license agreement. Intel also said the structure of the deal between AMD and ATIC breaches a confidential portion of that agreement. Intel has asked AMD to make the relevant portion of the agreement public, but so far AMD has declined to do so. AMD's breach could result in the loss of licenses and rights granted to AMD by Intel under the agreement.

"Intellectual property is a cornerstone of Intel's technology leadership and for more than 30 years, the company has believed in the strategic importance of licensing intellectual property in exchange for fair value. However AMD cannot unilaterally extend Intel's licensing rights to a third party without Intel's consent," said Bruce Sewell, senior vice president and general counsel for Intel. We have attempted to address our concerns with AMD without success since October. We are willing to find a resolution but at the same time we have an obligation to our stockholders to protect the billions of dollars we've invested in intellectual property."

Under terms of the license agreement the notification to AMD means the parties will attempt to resolve the dispute through mediation. In response to the notification AMD claimed Intel breached the agreement by notifying AMD of its breach. Intel believes that position is inconsistent with the dispute resolution process outlined in the original agreement.
Source: Intel
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69 Comments on Intel Notifies AMD of Cross-License Breach

#51
BOSE
Intel came out with X86, .. after a while AMD no longer wanted to make CPU's for Intel and they bought license from Intel to make their own CPU's.

AMD came out with X64, and they licensed it to Intel, so Intel could make x64 CPU's.. In return AMD could continue making CPU's using x86 license.

Its a cross licensing structure..
Posted on Reply
#52
a_ump
ah i see, well isn't the future geared towards x64 anyways? so wouldn't intel be putting themselves at a dis-advantage if they were to end AMD. Lol it's rather funny when they're both competitors yet they lease each other architectures and technologies :laugh:
Posted on Reply
#53
BOSE
AMD cant take away Intels license unless there is a breach of contract. Its not an eye for an eye thing. But worst comes to worst it might end up there. Then we'll be back to stone age using 32Bit OS only. As Intel will try to force M$ to make only 32Bit OS from this point on, even Win7. Depends how quickly this issue gets resolved and where it ends up.

But if both of them are smart, they'll quietly settle this out side the court room.
Posted on Reply
#54
KBD
BOSEBut if both of them are smart, they'll quietly settle this out side the court room.
I think thats the bottom line in this story. Both companies will benefit from an agreement and it may even help Intel look less like a jackass.
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#55
BOSE
I think Intel is doing this to scare Nvidia, since Nvidia is coming out with x86 CPU's.

By having Nvidia making CPU's, it would place NVIDIA in direct competition with AMD in CPU industry, as well the GPU industry. And the move would also do little to improve the already sour relations between NVIDIA and Intel, the mobile CPU industry’s top player.

Intel is panicking, thus trying to bully AMD and make example out of them for Nvidia. my 2cents.
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#56
KBD
BOSEI think Intel is doing this to scare Nvidia, since Nvidia is coming out with x86 CPU's.

By having Nvidia making CPU's, it would place NVIDIA in direct competition with AMD in CPU industry, as well the GPU industry. And the move would also do little to improve the already sour relations between NVIDIA and Intel, the mobile CPU industry’s top player.

Intel is panicking, thus trying to bully AMD and make example out of them for Nvidia. my 2cents.
Thats an interesting theory, though NV is far from creating an x86 CPU, they will have a very difficult time securing a license from Intel or wont be able to get it all. If they dont get it perhaps they can emulate x86 architecture somewhat or make their CPUs work with it without actually using it, if thats at all possible.
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#57
BOSE
They do have an ARM CPU. And they revealed the plans to make x86. Only place for them to get License is from Intel.

At the end of the day, Intel is being a bully since they hold the big stick and they want to continue to hold the big stick.
Posted on Reply
#58
mtosev
real 64bit is Intel's itanium line of cpus. intel 64 and amd64 are a hybrid x86-64.

also Sun's Sparc cpus are real 64bit.
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#59
Unregistered
What I have gathered from around the web

www.tomshardware.com/news/amd-intel-x86-cpu,7286.html#xtor=RSS-181
"Intel’s action is an attempt to distract the world from the global antitrust scrutiny it faces. Should this matter proceed to litigation
, we will prove that Intel fabricated this claim to interfere with our commercial relationships and thus has violated the cross-license," said Silverman, AMD public relations.

"AMD remains in full compliance with the cross-license agreement. And as we’ve stated all along, the structure of GLOBALFOUNDRIES takes into account all our cross-license agreements. We will continue to respect Intel’s intellectual property rights, just as we expect them to respect ours," commented Silverman.

Silverman told us, "we believe that Intel manufactured this diversion as an attempt to distract attention from the increasing number of antitrust rulings against it around the world. With a ruling from the European Commission and a U.S. trial date looming, and investigations by the U.S. FTC and NY Attorney General, the clock is ticking on Intel’s illegal practices - and yet with its dominant monopoly position it still tries to stifle competitors."

"The AMD/Intel cross-license agreement is a two-way agreement, the benefits of which go to both companies. Intel leverages innovative AMD IP critical for its product designs under the cross license. This includes AMD patents related to 64-bit architecture extensions, integrated memory controller, multi-core architecture, etc.). The cross-license is very much a two-way street," said Silverman.

Silverman concluded: "In fact, we informed Intel that their attempt to terminate AMD’s license itself constitutes a breach of the cross-license agreement, which, if uncured, gives AMD the right to terminate Intel’s license."
SO not only can AMD cancel Intel's x64 license, but IMC in Core i7's and maybe multi-core too, if I'm not wrong. Suddenly it looks a lot like Intel has a lot to loose, so probably Intel is just playing the bullying game and no fight. Maybe its scared that Nvidia may use GlobalFoundries to make x86 CPU's
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#60
Valdez
BOSEI think Intel is doing this to scare Nvidia, since Nvidia is coming out with x86 CPU's.

By having Nvidia making CPU's, it would place NVIDIA in direct competition with AMD in CPU industry, as well the GPU industry. And the move would also do little to improve the already sour relations between NVIDIA and Intel, the mobile CPU industry’s top player.
I seriously doubt, that nvidia could do a competitve cpu out of nowhere. If nv really wants to step in the x86 bussiness, he should prepare for failures for a long-long time.
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#61
PVTCaboose1337
Graphical Hacker
This whole thing will blow over when Intel realizes that AMD can screw them over. AMD could make it so if a GPU detects it is on an Intel board, it will not work! That would be cool!
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#63
Haytch
Looks to me like Intel awaited the Global Foundry completion to make this move, well knowing AMD will either have to go in major debt to stay afloat or to fold.

This all reminds me of the 1913 Federal reserve bank legislation.

Intel MUST have an x64 licence, but i dont think that will be an issue if AMD is completely assimulated into Intel.
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#64
eidairaman1
The Exiled Airman
suraswamiI don't understand, I thought AMD is designing/engineering chips and Foundary company is going to put that chip in production. How will that be a breach? If the Foundary starts to design its own then there is a problem. oh foundary being the 51% share holder thing?
Intel let their little Foundry in the Sandbox Dev the Core/Core 2, which is just a P6 Arch that has been enhanced.
KBDIsnt x64 simply an extension of x86?
Which AMD did Develop, so Intel had to license it from AMD because IA64 didnt take off like intended, At the Time AMD could of told Intel to fuck off.
Posted on Reply
#65
BroBQ
Intel tried this with Cyrix back in the early 90's and lost ...

But Cyrix went and died off anyway, so I guess it doesn't matter. We can thank Cyrix's competition as they forced intel to lower their prices.
Posted on Reply
#66
mtosev
Morrison5891Intel tried this with Cyrix back in the early 90's and lost ...

But Cyrix went and died off anyway, so I guess it doesn't matter. We can thank Cyrix's competition as they forced intel to lower their prices.
Cyrix also tried this: By and large, Intel lost the Cyrix case. But the final settlement was out of court: Intel agreed that Cyrix had the right to produce their own x86 designs in any foundry that happened to already hold an Intel license. Both firms gained out of this: Cyrix could carry on having their CPUs made by Texas Instruments, SGS Thomson, or IBM, all holders of Intel cross-licenses; Intel avoided a potentially embarrassing loss.

The follow-on 1997 Cyrix-Intel litigation was the reverse: instead of Intel claiming that Cyrix 486 chips violated their patents, now Cyrix claimed that Intel's Pentium Pro and Pentium II violated Cyrix patents—in particular, power management and register renaming techniques. The case was expected to drag on for years but was settled quite promptly, by another mutual cross-license agreement. Intel and Cyrix now had full and free access to each other's patents. The settlement didn't say whether the Pentium Pro violated Cyrix patents or not; it simply allowed Intel to carry on making them either way—exactly as the previous settlement sidestepped Intel's claim that the Cyrix 486 violated Intel patents.
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#67
Swansen
mdm-adphObviously, they broke it by starting to sell more chips and making more money. :laugh:

Stagnation through litigation -- it's the American way.

Honestly, though, it's probably just something to do with the new Foundry company.
Marinebornwow im really getting sick of intel, all together there trying to take out anyone that has a fat chance of making money, intel sickens me, i dont care if they make good processors, i would rather buy from a company that isnt run by a bunch of cry baby bitches hands down.
Greed, its the best thing ever, Intel is obviously a little troubled now that AMD actually has a snowballs chance of returning to any kind of position over Intel. Seriously, they are so intertwined in whatever they do, i don't even understand what they are complaining about. Greed man, its just greed, i friggin hate people.
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#68
eidairaman1
The Exiled Airman
Whats funny, Intel has been bitching for year after year, even when they were Up or Down.
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#69
DarkMatter
SwansenGreed, its the best thing ever, Intel is obviously a little troubled now that AMD actually has a snowballs chance of returning to any kind of position over Intel. Seriously, they are so intertwined in whatever they do, i don't even understand what they are complaining about. Greed man, its just greed, i friggin hate people.
Greed and survival. I've been saying it for a long time, that Intel is scared of losing their position, and not only because of greed. They make like 10 times more money than anyone else, but that's because they also are 10 times bigger. And that has a cost. I remember seing some financial statements some time ago and although they make a lot of moeny the ratio between spent/earned money is one of the lower ones in the industry. But that makes sense after all. As they have been becoming stronger in the market, they have been expanding too, with new fabs, new sections, etc. That's good for us, and Intel deserves some kudos for doing that even though they didn't need anything because of their position. The thing is that if they loose market share, they have the risk that their expenses can easily surpass their income and is not easy to make restructurements and cuts in such a large company. It also costs a lot of money in the short term, and serves for very little in a company as Intel, apart from becoming smaller.

In the meantime their shares have fallen a lot too, so Intel is in much more troubles than what most people think. Not of dissapearing, no, but for a company as big and as important as Intel (and specially for investors), becoming just one more ina sea of many, is just like death. So they are panicking.
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