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Appealed from: United States District Court for the Northern District of Alabama Judge Edwin L. Nelson

In Intergraph Corporation v. Intel Corporation, 195 F.3d 1346, 52 USPQ2d 1641 (Fed. Cir. 1999) (Intergraph I) this court held that Intel did not violate the antitrust laws by withholding certain proprietary information and product samples from Intergraph, following upon Intergraph’s assertion of its Clipper patents against Intel products. Intergraph I held that Intergraph had not established grounds on which to litigate whether Intel was a “monopolist,” for Intergraph’s asserted injury did not derive from anticompetitive actions by Intel. On remand the district court held that Intergraph I precluded relitigation of the antitrust issues, and entered judgment to that effect under Fed. R. Civ. P. 54(b). Intergraph Corporation v. Intel Corporation, 88 F. Supp. 2d 1288, 54 USPQ2d 1431 (N.D. Ala. 2000) (Intergraph II). Intergraph appeals that judgment.

I.

 
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