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Intel denies Digital patent claims, seeks dismissal
Reuters Story - July 03, 1997 18:15
%US %DPR %ELC INTC DEC AMD V%REUTER P%RTR
(Spelling of name Jeffry is correct)
By Samuel Perry
PALO ALTO, Calif., July 3 (Reuter) - Intel Corp.
said Thursday it has filed a response in U.S. District Court
denying Digital Equipment Corp.'s allegations of patent
infringement and seeking dismissal of Digital's lawsuit.
"Intel has not infringed and is not infringing any claim of
the DEC patents," the computer chip giant said in documents
filed late Wednesday in U.S. District Court in Worcester,
Mass., where computer maker Digital filed its patent
infringement lawsuit against Intel.
Intel also argued that Digital's patents are themselves
"invalid, void and unenforceable" and asked the court in a
counterclaim to award Intel compensation for its costs and
lawyers' fees.
Digital, based in Maynard, Mass., accused Intel of
infringing on 10 Digital patents with its popular Pentium
family of microprocessors. The lawsuit was filed May 12.
Intel, based in Santa Clara, Calif., is the world's largest
semiconductor maker and its processors are used in more than 85
percent of personal computers.
The lawsuit pits two industry heavyweights, each with an
enormous arsenal of well over 1,000 microprocessor design
patents.
Digital spokesman Jeffry Gibson said the company was not
surprised by the nature of Intel's response, which was required
within a period specified by the court, and said Digital will
press on with its lawsuit.
"We anticipated this type of response," he said.
"Our position is that Intel has infringed our patents and
we are confident in our case," he said. "We believe that our
patents are valid and enforceable and it's our intention to
have the litigation move as quickly as possible."
But industry executives expect Digital to face increased
commercial pressure as it moves ahead with the case, since,
like most of the industry, it has relied on Intel to supply
processors for its personal computer products.
Intel has said separately it does not have an obligation to
supply Digital with Pentium chips beyond the third quarter,
when Digital's purchase order runs out.
Digital executives have insisted Intel has a
"long-standing" supply agreement with Intel that would prevent
it from cutting off the supplies.
Nonetheless, Advanced Micro Devices Inc. said last
month Digital would ship a line of Venturis FX-2 desktop
computers using AMD's K6 MMX chip. The PCs have previously been
powered by Intel's Pentium and Pentium Pro chips.
Executives at all levels of Digital and Intel have held talks
since the lawsuits were filed, but a lawyer familiar with the
negotiations said last week Digital was not under pressure to
reach a settlement in its patent infringement lawsuit.
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