EX-10.1 2 exh101.htm EXHIBIT 10.1
exh101.htm
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AMD-INTEL SETTLEMENT AGREEMENT
Exhibit 10.1
SETTLEMENT AGREEMENT BETWEEN
ADVANCED MICRO DEVICES INC. AND
INTEL CORPORATION
This Settlement Agreement (“Agreement”), effective as of the 11th day of November 2009 ("Effective Date"), is entered into by
and between Advanced Micro Devices, Inc. ("AMD"), and Intel Corporation (“Intel”). In consideration of the agreement set forth
below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, AMD and Intel
agree as follows:
RECITALS
A. Intel and AMD are parties, claimants, complainants or interested parties to the following lawsuits, disputes and
administrative actions (collectively, “Actions”):
1. Delaware Litigation. AMD filed suit against Intel under the caption Advanced Micro Devices, Inc. and AMD
International Sales & Services, Ltd. v. Intel Corp. and Intel Kabushiki Kaisha, in the United States District Court for the
District of Delaware, Civil Action No. 05-441 (JJF), subsequently consolidated for the purpose of discovery as part of MDL
No. 05-1717, entitled In re Intel Corporation Microprocessor Litigation. This suit is referred to herein as the “Delaware
Litigation”;
2. Japan Litigations. Intel Kabushiki Kaisha, a Japanese Corporation and a wholly owned subsidiary of Intel (“Intel
IJKK”), is a defendant in two suits brought in Japanese courts by AMD Japan Ltd. (“AMD Japan”), a wholly-owned subsidiary
of AMD. AMD Japan filed a suit in the Tokyo District Court on June 30, 2005, case number 2005 (Wa) 13151, alleging acts of
unfair competition by Intel IJKK involving sales of microprocessors to Japanese manufacturers of personal
computers. Claimed damages in the Tokyo District Court suit are $55 million and interest based on Section 709 of the Civil
Code of Japan. Also on June 30, 2005, AMD Japan filed a sui