Intel Corp. v. Advanced Micro Devices, Inc.

This article is about the United States Supreme Court case. For the 2005 lawsuit, see Advanced Micro Devices, Inc. v. Intel Corp.

Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004), is a decision by the Supreme Court of the United States involving 28 U.S.C. § 1782, which authorizes United States district courts to enforce discovery requests made in connection with litigation being conducted in foreign tribunals. Prior to Intel, there had been substantial disagreement as to the availability of Section 1782 discovery.

Intel Corp. v. Advanced Micro Devices, Inc.
Supreme Court of the United States
Argued April 20, 2004 Decided June 21, 2004
Full case name	Intel Corporation, Petitioner v. Advanced Micro Devices, Incorporated
Citations	542 U.S. 241 (more) 124 S. Ct. 2466; 159 L. Ed. 2d 355; 2004 U.S. LEXIS 4570; 72 U.S.L.W. 4528; 71 U.S.P.Q.2d (BNA) 1001; 2004-1 Trade Cas. (CCH) ¶ 74,453; 64 Fed. R. Evid. Serv. (Callaghan) 742; 58 Fed. R. Serv. 3d (Callaghan) 696; 17 Fla. L. Weekly Fed. S 399
Case history
Prior	On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Advanced Micro Devices, Inc. v. Intel Corp., 292 F.3d 664, 2002 U.S. App. LEXIS 10759 (9th Cir. 2002)
Subsequent	Application denied by Advanced Micro Devices, Inc. v. Intel Corp., 2004 U.S. Dist. LEXIS 21437 (N.D. Cal., Oct. 4, 2004)
Holding
Section 1782 "authorizes, but does not require, the District Court to provide discovery aid to AMD."
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Majority	Ginsburg, joined by Rehnquist, Stevens, Kennedy, Souter, Thomas
Concurrence	Scalia
Dissent	Breyer
O'Connor took no part in the consideration or decision of the case.
Laws applied
28 U.S.C. § 1782

The Intel case originated from Advanced Micro Devices' antitrust claims against Intel in Europe. AMD filed a complaint against Intel in the European Union's antitrust enforcement agency (the Directorate-General for Competition), and then filed a lawsuit in the U.S. for discovery of certain Intel documents in order to further their complaint.

See also

• List of United States Supreme Court cases, volume 542
• List of United States Supreme Court cases

External links

• Text of Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)

PDFs

• Intel's petition on the merits
• AMD's Response brief on the merits
• Intel's reply brief
• The Solicitor General's Amicus brief
• The oral arguments before the Supreme Court

Other links

• Obtaining Evidence in the United States