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To: OLDTRADER who wrote (173800)2/11/2004 8:45:27 PM
From: William F. Wager, Jr.  Read Replies (1) | Respond to of 176387
 
Oldtrader...Intel wins!!

U.S. judge throws out patent ruling against Intel

Wednesday February 11, 8:14 pm ET

SAN FRANCISCO, Feb 11 (Reuters) - A U.S. appeals court on Wednesday threw out a patent infringement ruling against Intel Corp. (NasdaqNM:INTC - News) in a dispute with Intergraph Corp. (NasdaqNM:INGR - News), a ruling that Intel said would save it from having to pay a $100 million penalty.


In its ruling, the federal appeals court in Washington, D.C. also sent the case back to a district court to again determine whether there was any infringement of Intergraph's patents, but under a revised construction of the claim.

Shares of Intergraph dropped $2.16, or 8.8 percent, to $22.47 on Wednesday. Intel shares rose 45 cents, or 1.5 percent, to $30.99.

Intergraph, based in Huntsville, sued Intel in 1997 in Alabama, and again in 2001 in Texas, over patents it asserts were violated by Intel microprocessors. The companies settled the 1997 suit, but the 2001 claims, relating to Intel's Itanium chip for data-serving computers, is still moving through the courts.

Both Intergraph and Intel said they were reviewing the decision to determine its implications on the settlement agreement, which was reached in April of 2002. Under that settlement, Intel agreed to pay Intergraph $150 million if the district court ruled against Intel, and another $100 million if that ruling was affirmed on appeal.

Intel spokesman Chuck Mulloy said the company now believed it is no longer required to pay Intergraph the $100 million it would have owed if the appeals court had ruled against it.

As for the $150 million which Intel paid after the district court ruling, Intergraph described that payment on Wednesday as "non-refundable." Mulloy said Intel lawyers were still reviewing the implications for that payment.

Intergraph said the ruling relates to different patents and products than those involved in separate lawsuits against computer makers Dell Inc. (NasdaqNM:DELL - News), Hewlett-Packard Co. (NYSE:HPQ - News), and Gateway(NYSE:GTW - News).

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