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To: wanna_bmw who wrote (51612)	8/17/2001 9:40:14 PM
From: AK2004	Read Replies (2) \| Respond to of 275872

wanna_bmw re: Wouldn't you consider it a good idea for these manufacturers to halt production until the licensing can be cleared up in court? either it is good idea or not it is up to manufacturers to decide that. The only thing that intel can do is to inform them. re: Imagine if this were the other way around it does not matter which way it is. The point was that is the battle between via and intel re: if Intel does win a court case against VIA, I believe they can hold motherboard manufacturers only if the ship the product after intel win the case. imagine going to store to buy nice pentium 4 computer. In the store there is an amd rep who informs you that amd considers that p4 infringes on amd patents and therefore if you buy a single systems amd would take you to court. You will use time and money defending yourself and that would be done before amd would argue their case with intel. Tell me if it is right or wrong? Regards -Albert

To: wanna_bmw who wrote (51612)	8/17/2001 9:52:00 PM
From: combjelly	Read Replies (1) \| Respond to of 275872

" I am saying that if Intel does win a court case against VIA, I believe they can hold motherboard manufacturers accountable, if they prove that these manufacturers intentionally shipped their products when they knew they were not supposed to. Intel is not above the law, but neither is VIA and those manufacturers that are willing to go through and release a product, even after being challenged with licensing rights." I am not a lawyer, but these sort of things happen all the time. I cannot think of any case where the infringed on company could go after the customers of the infringing company. They can, and do, get a restraining order that keeps the products impounded in Customs if the judge thinks they have a strong enough case, but I have never heard of them going after anybody but the infringing company. And no, I would not consider it a good idea for a manufacturer to withhold production because of a lawsuit. These things get filed all the time, often on spurious or, at best, questionable grounds. It would be very easy for a dominate player in a market to kill off the competition by continually filing lawsuits. On this basis alone, I suspect that Intel has no real legal basis to go after the motherboard manufacturers. Not that they couldn't cook up something based on "a conspiracy to infringe on Intel's IP" or something. But the warning of those manufacturers makes me suspect that Intel feels they don't have a case. If they really had a case, then the judge is likely to award damages and retroactive license fees that would be in excess of what VIA would have paid in licensing fees from the first, so who cares if the board companies ship? But if they think their case is weak, then it's better to try to choke off supply. That way they can win without going to court. I suspect that Intel is very aware that VIA has a strong claim to the IP.

To: wanna_bmw who wrote (51612)	8/17/2001 10:02:56 PM
From: TGPTNDR	Read Replies (2) \| Respond to of 275872

wanna_bmw, Re: <Let's say that Intel was planning on launching a chipset, and VIA claimed that Intel had patents of theirs, and publicly urged motherboard manufacturers not to use Intel's products to avoid legal action. Wouldn't you consider it a good idea for these manufacturers to halt production until the licensing can be cleared up in court?> In light of biz.yahoo.com (Intergraph Sues Intel for Patent Infringement in Intel's Next Generation Chip ) Would you think it prudent for Intergraph to publicly urge PC makers not to use Intel's products to avoid legal action? How about after you read: In March, the Court of Appeals, which has exclusive jurisdiction over all patent-related cases, ruled that Intel does not have a right to use Intergraph’s patented Clipper technology. Intel had petitioned for a rehearing by the Court. Just curious. tgptndr