Court of Appeal rules in favour of VIA

Appeals Court overturns VIA-Intel antitrust ruling; asks Intel to pay VIA for the legal costs it incurred.

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By  Vijaya George Published  December 26, 2002

VIA Technologies announced that it has won one round in its legal battle against Intel Corporation. The new ruling from the English Court of Appeal permits VIA Technologies to conduct an anti-trust case against Intel in England. Intel must also pay legal costs incurred by VIA in the High Court and Court of Appeal hearings.

The dispute began when Intel issued proceedings in 2001 alleging that VIA chipset and processor products infringed five Intel patents. VIA, in turn, defended that Intel was acting anti-competitively in the chipset and processor markets. Intel succeeded in getting the English High Court to dismiss VIA's counter defence earlier this year. However, that ruling has now been overturned by the Court of Appeal.

The Court of Appeal noted:"If what VIA alleges is made out then the dominance of Intel in the world-wide market in the important and developing technology for PCs is buttressed by its enormous portfolio of patents and restrictive licensing policy. This may be true of others but in the case of this technology the commercial and technical requirement for compatibility of hardware and software confers on the industry leader an even more impregnable position."

Richard Brown, director of Marketing, VIA Technologies lauded the verdict. “We will be asking for an order for the trial of the competition law issues to be heard as soon as possible," he said.

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