Intel late this week motioned to dismiss a New York state antitrust lawsuit on grounds it was exceeding its bounds. The case, being heard in Delaware, supposedly didn’t have the authority to get remedies for both state residents as well as 4,000 non-governmental organizations. It went on to contend that the Delaware three-year statute of limitations should apply and not New York’s, ruling out any dispute earlier than November 2006 and thus cutting out many of the potential damages.
The court’s Judge Leonard Stark promised to take the motion into account but hadn’t said when he would rule. A trial start isn’t due until February 14.
New York’s lawsuit accused Intel of a strategy it has been commonly accused of and in some cases fined for worldwide. The suit claims Intel paid PC builders billions in dollars in incentives to use Intel chips primarily or exclusively masked as rebates. Those who wanted to use AMD beyond Intel’s comfort level were punished, the suit added.
