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Advanced Micro Devices Inc. threw a conniption last week in court documents over perceived discovery slights by Intel Corp. in a long-running antitrust suit. The company wants a special master to force Intel to prove it is complying with a remediation program. But Intel casts AMD’s filings as mere chest thumping. Intel admitted in March to failing to preserve e-mails that were potentially relevant to the litigation. The company, represented by Howrey and Gibson, Dunn & Crutcher, blamed the gaffe on “human errors.” The company said some employees failed to save their e-mails despite being asked to, and others who should have retained documents were not asked to. After Intel admitted its mistake, federal Judge Joseph Farnan appointed special master Vincent Poppiti to oversee the discovery issue. Intel developed a remediation plan to find other possible internal sources of e-mails that were not preserved properly in the first place, according to court documents. AMD remains outraged. “These were not the common accidental and inconsequential losses of electronic evidence that often occur in litigation,” the Tuesday filing stated. “They are losses of a nature and scope as to call into question Intel’s entire document preservation scheme. � It was, in short, a preservation scheme destined to fail in a cataclysmic way. And it did.” AMD is urging the special master to address Intel’s discovery errors to force Intel to prove it is making progress in recovering documents that were destroyed. “There is absolutely no scientific or other analytical basis for Intel’s assurance that ‘nothing of any genuine significance will prove to have been lost,’” AMD stated in its latest filing in Delaware federal court. “Intel’s statement instead represents nothing more than the extreme, unfounded optimism of a desperate litigant facing grave discovery problems.” Despite its displeasure, AMD nonetheless stated in a footnote on page 20 of the 26-page filing that it had “recently reached a comprehensive agreement” with Intel that sets a February deadline for completion of Intel’s remediation plan. AMD is represented by O’Melveny & Myers in the case. Intel spokesman Chuck Mulloy said Friday that despite the filing’s “rhetoric, purple prose and breathless analysis, they, in the final analysis, decided to accept our remediation plan without any changes.” Intel has so far turned more than 40 million pages of discovery information to AMD and “will continue to deliver discovered materials,” Mulloy said. AMD originally filed the antitrust suit against Intel in June 2005, and accuses the fellow Silicon Valley company of forcing computer makers across the globe to choose Intel’s microchips over AMD’s by using threats and bribes. Intel has continually maintained that it competes aggressively and fairly in the marketplace. Mulloy said it will now be up to the special master to decide how well Intel has kept to its remediation plan. No future hearings have been set in the case, according to court documents.

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