Breakthrough: AMD and Intel settle antitrust dispute, reach new cross-license agreement

By Scott M. Fulton, III | Published November 12, 2009, 9:55 AM

Banner: Breaking News

Intel has made a statement to Betanews this morning that it and Advanced Micro Devices are settling their long, outstanding legal disputes, including pending antitrust litigation in Delaware court, with Intel agreeing to pay AMD $1.25 billion.

Intel will also agree to abide by a new set of business practices, which may be announced in a matter of minutes. It's over.

"While the relationship between the two companies has been difficult in the past, this agreement ends the legal disputes and enables the companies to focus all of our efforts on product innovation and development," reads Intel's statement this morning.

Update ribbon (small)

10:55 am EST November 12, 2009 · "The agreement to us signals a new era. It's a pivot from war to peace," announced AMD Executive Vice President for Legal Affairs Tom McCoy, in a statement that could entitle the opening of a new chapter in the x86 computing era.

With poignant and historic language, AMD executives this afternoon announced the end of the intellectual property and business practices dispute with Intel that at one time, from a marketing perspective, defined AMD as a company. Intel's executives' statements remain forthcoming at this time. But AMD CEO Dirk Meyer explained today's agreement has three categories:

1. Intel will agree to new ground rules for corporate business practices.

2. A new, five-year patent cross-license agreement between AMD and Intel will give both companies broad access to each other's technologies.

3. GlobalFoundries, the manufacturing arm of AMD that was spun off as a subsidiary, may now be completely separated from AMD and operate independently. Under the previous cross-license agreement with Intel, GF had to operate as an AMD subsidiary in order for AMD to share Intel intellectual property with it -- the old agreement prohibited AMD sharing Intel trade secrets with another company. The new agreement permits such sharing specifically with GF.

However, we learned this morning, not all business practices to which AMD and certain other governments had been objecting, will be covered by Category 1 of the agreement. Specifically, from AMD's point of view, it appears only Intel conduct with regard to limiting end users' choices between AMD and Intel technology, will be curbed. But business practices such as volume rebates to OEMs may (perhaps) be allowed, so long as they are not exclusionary -- specifically, as long as they are not structured in such a way that OEMs promise not to purchase AMD parts, or to hold AMD purchases to specified caps.

We'll learn more from Intel's point of view in a few minutes. In advance of Intel's statement, that company has already released an update to its financial guidance, increasing its business expenditures to account for the one-time charge of $1.25 billion to be paid to AMD.

Update ribbon (small)

12:25 pm EST · Intel's business conduct agreement, we learned from Intel this morning, will not extend to the practice of volume rebates with OEMs such as HP and Dell. Without acknowledging any wrongdoing -- in fact, while continuing to defend its prior business practices with all OEMs, including Dell and HP -- Intel executives today stated they now openly promise not to do in the future any of the exclusionary tactics which AMD accused it of doing, while saying it never did so anyway.

Or maybe not. When directly asked by a Financial Times reporter this morning whether Intel's take on the agreement means it's not changing anything with regard to its business conduct, Intel Chief Administrative Officer Andy Bryant heaved a great, audible sigh, and responded emphatically, "No changes at all. Again, I'm just gonna say the same thing over again, so bear with me: AMD believes we have conducted business in some fashion that they believe is inappropriate. We have said we don't do what they actually accuse us of doing. We are confident that -- in fact, it's in the contract, we wrote down exactly what those provisions are, what we will and mostly what we won't do, and then those can be monitored at any time."

Then after what sounded like a pause for Intel CEO Paul Otellini to pick up where he left off, suddenly Bryant decided he needed to correct a little something: "I don't want to say there's absolutely no change to what we're doing. We have met with the EU, we have changed some business practices because of that. There are issues around pricing, which we think that the regulators may want to talk to us about -- we'll talk about those things. So I don't want to say we're not changing any of our business practices. The things that AMD was concerned about in the contract are things that we don't do, and we readily agreed to not do, because we don't."

The patent cross-license agreement reached today is a five-year extension of the existing agreement -- an extension that had been threatened by Intel's concern over AMD's restructuring. Specifically, if GlobalFoundries were to split completely from AMD ownership to become independent, AMD's sharing of x86 technology necessary for GF to produce chips would violate the previous licensing agreement.

That's important, because GF plans to do business with other companies; and GF's other current co-owner -- Abu Dhabi government-run investment firm ATIC -- reached an agreement last month to acquire Chartered Semiconductor. That makes GF, which was once just a manufacturing company, into a full-scale CPU innovator and manufacturer on the order of what AMD was in 2007. Chartered doesn't exactly expect its IP to be shared with Intel; and Intel would not want the reverse.

But borrowing the term "peace" from his AMD counterpart this morning, Intel's Andy Bryant told reporters that Intel was usually at peace with foundries, so striking an independent deal with GF wasn't too much of a problem. Intel isn't worried about losing its x86 IP, and is trusting GF just like it previously trusted AMD. This enables AMD to complete the last part of its restructuring: separating GF completely as an AMD subsidiary, into a firm that is majority-owned by ATIC, and minority-owned by AMD. That resolution also officially took place this morning.

Both Intel and AMD are expected to file paperwork with the Securities and Exchange Commission today, either or both versions of which should detail the complete agreement between the two companies. Betanews will continue reporting on today's breakthrough as we learn more.

Add a Comment

You must be logged in to post comments.

View comments by with a score of at least

And the unspoken question that we're all thinking iiiiis... *drumroll* Why would Intel be paying AMD *1.25 BILLION* if there was no fault? If they could win this in court without a fine, surely they would. They must think paying over a billion dollars to their direct competitor is somehow a better end than they would have met in court. Interesting.

Score: 3

|

Yes, one wonders why people/companies say they did nothing wrong and they settle by paying to the demanding. If you plan to keep your honor you will go to court and win. If not you already decided you were doing wrong and need to do some damage control.

Score: 0

|

whatever, just lower prices!

Score: 2

|

Yeah because < $100 quad cores are too pricey.

Score: -2

|

Intel has a < $100 quad core CPU?

Score: 0

|

Wow, this is actually kind of cool. It's good to see company's this big put their differences aside and get on with making better products and evolving. I wonder what techs they are cross licensing? I know they do license back and forth already, especially Intel's x86 architecture and AMD's x64 stuff. Plus SSE 1, 2, 3, 4 etc.

At any rate this will be a win for AMD as they also get some good money in the process to help keep them afloat, and also a win for Intel as they get all this litigation off their back. Will the EU back down from Intel now? Let's hope so, we'll see.

Score: 2

|

Intel get's Multi-core, and integrated Memory Controller as the big ones.

AMD gets x86, SSE, which are the big ones.

If they didn't sort this out, Intel wouldn't be able to make Dual/Quad cores CPUs anymore, or the i5/i7 CPUs either... so we'd all go back to P3s. And AMD would have to come up with their own CPU architecture. So yeah, they really needed to figure this out. Glad to see that they did.

Score: 0

|

It was basically mutually-assured destruction.

Score: 0

|

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.

PDC 2009: Microsoft cares about Web browser performance

The effort to give users of the world's dominant Web browser the impression of quality, is a personal one for the man who leads that battle.

Nokia re-affirms its commitment to Symbian, sort of

Maemo won't necessarily be replacing Symbian in the Nokia N-Series, but that's definitely a place where it will be found.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

AOL's spinoff from Time Warner to shed 2,500 jobs

As AOL moves toward become an independent company again, it will cut nearly a third of its workforce.

Gartner: SMS-based money transfer will be bigger than mobile browsing, search

Gartner issues its predictions for the 10 things our phones will be doing in 2012.

Don't forget to upgrade to Firefox 3.6 beta 3 today

Mozilla has released the latest beta its Firefox 3.6 browser software, just over one week after beta 2.