mpe wrote:You forget that Intel's claim has been rejected by court in 1992 when the court ruled against Intel and ordered them to pay $10M plus a royalty-free license to any Intel patents used in AMD's 386.
No, that is simply not true.
Intel's claim was never rejected.
The court just used the argument that x86 had a monopoly position, and therefore needed to be opened for licensing.
That is something completely different from Intel's claims that AMD's 386 was unlicensed and therefore illegal.
After all, if the 386 was in fact legal, then there would be no need for any kind of license, would there?
So Intel was right about the status of the license (the patent cross-license did not extend to the 386, only 8086 through 286) and the illegality of the 386 (infringing on Intel patents, copyright and whatnot). AMD just used anti-monopoly tactics to get what they wanted. They just used the fact that Intel was so big and x86 was so successful against Intel. That's different. Get your facts straight.
If you want more details, AMD believed that Intel had to open negotiations for extending the second-source licensing to the 386 (by which AMD implicitly acknowledges that they do not have these rights). Intel countered that the terms of the agreement state that it is a *cross*-license, so Intel should also receive IP from AMD in return. Therefore, the agreement says that extension is only an option when Intel receives IP of "sufficient value" in return. Since AMD never did anything other than just selling clones of Intel parts, Intel never got anything in return from the cross-license. Therefore Intel never thought there was any reason to negotiate over the 386, and Intel eventually terminated the cross-license (which was also in the terms of the cross-license: either party could terminate after 5 years, with a 1 year notice).
So AMD basically argued: "But that's not fair! We have products, Intel just doesn't want to take them!"
But really, what product would AMD have that was actually of "sufficient value" to Intel, compared to the 386, which was a huge leap forward in the x86 world at the time? The "unfair" part was only honoured because Intel had a monopoly position.
Intel had no obligation to take any AMD products. What's more, it was also ruled that AMD should have known that they weren't going to get the 386, because Intel didn't take any AMD products. Yet AMD made no attempt whatsoever to get a 32-bit processor on the market in alternative ways (for example, by reverse-engineering the 386 right away). And AMD also did not seek legal action. Therefore, AMD was also in the wrong, by basically just waiting for Intel to hand over their IP, and not doing anything about it until years later. Which means that AMD is basically responsible for Intel managing to build the 386 monopoly.
An arbitrator then basically ruled: "Well Intel, what you did was not in good faith, so give AMD the 386 rights anyway, even though AMD did nothing to earn these rights".
Intel appealed, but the court upheld the arbitrator ruling. So AMD got the 386 rights in the end, but not because AMD actually was entitled to them by their original license. In fact, the arbitrator argued that because Intel did not negotiate in good faith, the original agreement was breached. And this breach of agreement had hurt AMD, so they would have to be compensated for their damages.
All this is very... arbitrary. Point remains, that it required an alleged breach on Intel's side of the agreement for AMD to be awarded the rights to the 386 (while giving nothing in return).
In other words: had the agreement not been considered breached, AMD would not have had to be compensated, and would not have received the rights to the 386, because the agreement never entitled AMD to them, and AMD knew.
The only claim that AMD actually won is that the number '386' cannot be used as a trademark. Which explains why Intel moved to a different naming scheme with the Pentium (486 was already out by the time of this court ruling).
mpe wrote:AMD/other vendors opinion was obviously very different.
And their opinions are irrelevant since Intel was owner of all IP of the x86 architecture and most implementations of it, including the 386. That is a fact, a fact not disputed by any court. Hence the licensing.
AMD and others basically wanted to freeload on Intel's success. This is exactly why patents and other IP laws exist: to protect the investment of the inventors/creators.