Intergraph Wins Federal Court Order in Intel Antitrust Lawsuit, Forcing Intel to Change Business Practices.HUNTSVILLE, Ala.--(BUSINESS WIRE)--April 13, 1998-- Federal Court concludes "substantial likelihood" of proving antitrust claims; calls Intel's use of Non-Disclosure Agreements "unconscionable Unusually harsh and shocking to the conscience; that which is so grossly unfair that a court will proscribe it. When a court uses the word unconscionable to describe conduct, it means that the conduct does not conform to the dictates of conscience. " Intergraph Corporation (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : INGR), a billion-dollar developer of Windows NT-based workstation hardware and technical software applications, made the following statement today in response to a federal court order awarded in favor of Intergraph and against Intel Corporation (company) Intel Corporation - A US microelectronics manufacturer. They produced the Intel 4004, Intel 8080, Intel 8086, Intel 80186, Intel 80286, Intel 80386, Intel 486 and Pentium microprocessor families as well as many other integrated circuits and personal computer networking by the U.S. District Court, Northern District of Alabama. Intergraph is suing Intel for anticompetitive an·ti·com·pet·i·tive adj. That discourages competition among businesses: anticompetitive foreign trade restrictions. behavior, patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. , and antitrust violations of the Sherman Act. Specific orders from the court assure that Intergraph will have: -- advanced product information -- advanced microprocessor "chip samples" -- "early production chips," and -- "production chips" Intergraph CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. Jim Meadlock stated, "This ruling is a very pivotal development, not only for Intergraph but for the entire computer industry. We believe the court is sending an unmistakably clear and far-reaching message to Intel that there's no place for coercive, monopolistic conduct in the computer industry. These decisions are setting a precedent for the industry. They show other computer companies how the courts can protect them should they be unjustly and illegally assaulted by any company wielding an overpowering market dominance Market dominance is a measure of the strength of a brand, product, service, or firm, relative to competitive offerings. There is often a geographic element to the competitive landscape. ." Mr. Meadlock added, "We are confident that our case is very strong and that our patent ownership is solidly established." In an 80-page order on April 10th, the federal court granted all key items of injunctive and mandatory relief requested by Intergraph in a motion filed November 17, 1997. Among other points, the court stated that: -- "Intergraph has established a substantial likelihood of success on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers on one or more of its claims." -- Intel is prohibited "from terminating Intergraph's rights as a `strategic customer in current and future programs,' or from otherwise taking any action adversely affecting Intel's business relationship with Intergraph or Intergraph's ability to design, develop, produce, manufacture market or sell products incorporating, or based upon, Intel products or information ...". -- "The Court concludes there is a substantial likelihood that Intergraph will succeed in proving that Intel has entered into one or more agreements and contracts in restraint of trade restraint of trade Preventing of free competition in business by some action or condition such as price-fixing or the creation of a monopoly. The U.S. has a long-standing policy of maintaining competition among business enterprises through antitrust laws, the best-known of in violation of S1 [of the Sherman Antitrust Act Sherman Antitrust Act, 1890, first measure passed by the U.S. Congress to prohibit trusts; it was named for Senator John Sherman. Prior to its enactment, various states had passed similar laws, but they were limited to intrastate businesses. ]" and that "...Intel's refusal to supply advanced CPUs and essential technical information to Intergraph likely violates S2 of the Sherman Act..." -- Noting that Intel allegedly tried to use access to critical Non-Disclosure Agreements to coerce patent licenses from Intergraph, the court stated that, "... the deliberate termination of the parties' relationship by Intel, under the terms of the NDAs and RUNDAs, is unconscionable...". Case Background In a lawsuit filed November 17, 1997, in the U.S. District Court, Northern District of Alabama, Intergraph alleged that Intel is using its dominant market position in an attempt to coerce the workstation manufacturer into giving up certain key patent rights. These coercive tactics, including withholding vital information and technical support, delayed shipment of various Intergraph Computer Systems' products and have otherwise hindered Intergraph's business. (Intergraph Computer Systems is a wholly-owned subsidiary of Intergraph Corporation.) Compelled by the merits of the evidence, on December 3, 1997, Intergraph amended its original complaint of November 17 to include a federal antitrust claim against Intel. Specifically, in its complaint Intergraph says Intel is guilty of wrongful conduct Noun 1. wrongful conduct - activity that transgresses moral or civil law; "he denied any wrongdoing" actus reus, misconduct, wrongdoing activity - any specific behavior; "they avoided all recreational activity" , including interference with business and contractual relations, interference with technical assistance from third-party vendors, breach of contract, misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any of trade secrets, negligence, and infringement of computer technology patents owned by Intergraph. The text of the court's April 10th "Memorandum of Opinion and Preliminary Injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. " is available at (http://www.intergraph.com/intel/). Editors Note Information related to this lawsuit - including court filings, a chronology, and numerous news articles - is available for public viewing on the Intergraph Website at www.intergraph.com/intel.stm Corporate Background Information A member of the Fortune 1000, Intergraph Corporation (NASDAQ: INGR) provides interactive graphics technology for industry and government. In addition to manufacturing Intel- based workstations and servers, the Company provides Windows- based total solutions for the Process & Building, Infrastructure, Government, Public Safety, and Electronics Design industries. With corporate headquarters in Huntsville, Alabama Huntsville is the county seat of Madison County, Alabama. Huntsville is the largest city in northern Alabama in a region of a half-million people, with the city proper having 168,132 residents (2006 estimate). and more than $1.2 billion in revenue, Intergraph maintains sales and service organizations in 65 countries. For more information, visit www.intergraph.com. Intergraph Computer Systems, a company of Intergraph Corporation, is the world leader in 3D graphics technology, hardware products, and related services for Windows NT (Windows New Technology) A 32-bit operating system from Microsoft for Intel x86 CPUs. NT is the core technology in Windows 2000 and Windows XP (see Windows). Available in separate client and server versions, it includes built-in networking and preemptive multitasking. . Intergraph develops, manufactures, sells, and supports computer systems for the creative, business, and technical desktop as well as servers, networking, and interoperability products for IT solutions. Hardware products include Windows(R)/Windows NT-based 2D and 3D graphics workstations and PCs and high-performance servers built with Intel Pentium(R)/Pentium(R) Pro/Pentium(R) II processors. Intergraph and the Intergraph Logo are registered trademarks of Intergraph Corporation. Intel and Pentium are registered trademarks of Intel Corporation. Windows is a registered trademark of Microsoft Corporation (company) Microsoft Corporation - The biggest supplier of operating systems and other software for IBM PC compatibles. Software products include MS-DOS, Microsoft Windows, Windows NT, Microsoft Access, LAN Manager, MS Client, SQL Server, Open Data Base Connectivity (ODBC), MS Mail, . Other brands and product names are trademarks of their respective owners. CONTACT: Aggie Frizzell (205) 730-6139 (800) 316-0576 (pager) alfrizze@ingr.com or Keith Britnell (205) 730-8073 (888) 614-7202 (pager) ckbritne@ingr.com or Aaron Kwittken Fleishman-Hillard for Intergraph (212) 453-2240 (office) (800) 313-3471 (pager) kwittkea@fleishman.com |
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