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The case before the Supreme Court concerns a law that allows the US courts to make documents available to foreign courts. Intel is appealing the ruling of a lower court on the grounds that the law refers to lawsuits whilst the European Commission is investigating a complaint. Therefore the law doesn't apply in this case.

The EU case began following complaints by AMD in October 2000 that Intel was threatening retaliation against OEMs who used AMD chips.

Strangely enough, the European Commission has lodged a brief with the Supreme Court supporting Intel. AMD says it has been told by the EC that while the Intel documents are useful, the Commission is worried about future situations where US Courts order the release of documents.