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Technology Stocks : Intel Corporation (INTC)
INTC 48.59-1.3%Feb 4 3:59 PM EST
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To: lawdog who wrote (23095)5/28/1997 8:59:00 PM
From: MSPutnam   of 186894
 
lawdog--- Yes, in principle DEC could attempt to join an anti-trust claim to its original patent claim. However, Intel's intervening choice of San Jose as the forum for its lawsuit makes the ultimate issue of venue somewhat unpredictable.

It appears from the press reports that Intel sought to structure its suit in such a way that it does not, at this stage, involve the same "transaction or occurrence" as DEC's complaint. It is possible that an antitrust claim by DEC would be viewed as arising out of the same transaction or occurrence as Intel's suit for return of its intellectual property. If so, Intel could contend that such an antitrust claim is a compulsory counterclaim to its complaint and should be filed in San Jose rather than by amendment to the Massachusetts complaint.

If DEC amends its complaint to cover the same transaction or occurrence as Intel's California complaint, then either party could move to consolidate the two actions for reasons of judicial economy. At this point it is impossible to predict whether we will wind up with two suits or one.

Given the initial advantage that DEC gained by filing first in its home jurisdiction, Intel did well to find a way to move a piece of the fight to its home turf.

MSP

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This is not legal or investment advice and shouldn't be relied on for any purpose.
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