EXHIBIT 99.2
Published on November 4, 1994
EXHIBIT 99.2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
INTEL CORPORATION, ) No. C-93-20301 PVT
)
Plaintiff, )
) STIPULATED PRELIMINARY
v. ) INJUNCTION
)
ADVANCED MICRO DEVICES, INC., )
)
Defendant. )
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Based on this Court's Findings of Fact and Conclusions of Law (which were
filed October 7, 1994 and are incorporated herein by reference), 17 U.S.C.
(S) 502(a), Rule 65(b) of the Federal Rules of Civil Procedure, and the
stipulation of the parties, defendant Advanced Micro Devices, Inc., its
officers, agents, servants and employees, and those persons in active concert or
participation with them who receive actual notice of this order (collectively,
"AMD") are enjoined, as provided in this order, pending a hearing and decision
on a permanent injunction or otherwise until further order of this Court.
NOW, THEREFORE, AMD IS ENJOINED AS FOLLOWS:
1. No Distribution of Bonded Out Parts. After Friday, October 21, 1994, AMD
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shall not distribute any version of its Am486 microprocessor containing a copy
of Intel microcode as these versions existed prior to October 7, 1994
(hereinafter, the "prior versions") and as to which one or more of the twelve
ICE pads affiliated with the ICE circuitry are bonded out. Those pins are not
bonded out in AMD's Am486DX microprocessors. Without limitation, this paragraph
means that AMD shall not distribute its current Am486DXL or its Am486DXLV
products.
2. No New Wafer Starts of Prior Versions. After Friday, October 21, 1994,
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AMD shall make no wafer starts of any prior versions of its Am486
microprocessor.
3. No New Orders For Prior Versions of the Am486 Microprocessor. After
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Friday, October 21, 1994, AMD shall not distribute prior versions of 486
microprocessors to any purchasers unless the purchasers had an existing written
order or contract with AMD as of October 21, 1994. AMD shall not distribute such
prior versions except to the extent necessary to meet actual quantity and
delivery date terms set forth in those orders or contracts. AMD will make such
sales at the price that had been agreed to with the purchaser unless Intel sells
or offers to sell at a lower price to that customer, in which case AMD is free
to meet competition from Intel for that particular existing AMD order or
contract.
4. No Distribution After January 15, 1995. After January 15, 1995, AMD
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shall not distribute any prior versions of its Am486 microprocessor.
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5. The Parties' Reserved Rights. AMD reserves its rights to move for
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correction, modification or vacation of the Court's Findings of Facts and
Conclusions of Law filed October 7, 1994 and to appeal from or take any other
action based on any order or judgment of the Court based thereon. Intel further
reserves every claim, contention and legal remedy it may have in this or any
other appropriate forum, against AMD or any other entity, with respect to past,
present or future copying or distribution of the unlicensed ICE microcode,
without authorization from Intel. This preliminary injunction does not
constitute authorization from Intel for AMD to copy or distribute any infringing
product.
DATED: October 31, 1994 SKJERVEN, MORRILL, MACPHERSON,
FRANKLIN & FRIEL
By /s/ ROBERT B. MORRILL
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ROBERT B. MORRILL
Attorneys for Defendant
DATED: October 28, 1994 BROWN & BAIN, P.A.
By /s/ MICHAEL F. BAILEY
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MICHAEL F. BAILEY
Attorneys for Plaintiff
HAVING BEEN STIPULATED BETWEEN THE PARTIES, IT IS SO ORDERED:
DATED: October ___, 1994. ----------------------------------------
PATRICIA V. TRUMBULL
Magistrate Judge
United States District Court
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