AMBERWAVE LUANCHES SUITS AGAINST INTEL by Jeffrey Bouley

By Jeffrey Bouley | SALEM, NH — Patent infringement is the word of the day in the filing of two lawsuits by AmberWave Systems against Intel Corp. Although both were filed on July 18th, the two cases are in separate court jurisdictions and involve two different patents.
One lawsuit stems from discussions between the two companies since the third quarter of last year regarding an intellectual property dispute related to a patent dealing with impurities in the manufacture of semiconducting devices, according to Bryan Lord, vice president of corporate development and administration for AmberWave. It was AmberWave’s belief that Intel owed them licensing fees.

Apparently, Intel did not agree, and filed for a declaratory judgment in the federal district court in Wilmington, Del., to rule that it was not infringing on that patent, which is designated as U.S. Patent No. 6,831,292.

The Intel suit may have been filed as a way of heading off an expected lawsuit by AmberWave. According to coverage on theinquirer.net, AmberWave sent a letter to Intel five days before Intel filed the suit, claiming that technology used in Prescott and Dothan microprocessors breached AmberWave’s patent. Although Intel may have gotten off the first volley in late May, AmberWave countered this month.

“In essence, they wanted the court to say they weren’t infringing; we filed a countersuit in the same court that says they are infringing,” Lord said.

The other lawsuit filed by AmberWave against Intel is in the federal district court in Marshall, Texas, alleging infringement of U.S. Patent No. 6,881,632, which deals with Intel’s use of a technology related to strained silicon, and for which AmberWave also feels it is due some licensing fees. Specifically, AmberWave contends that Intel is using proprietary techniques as part of the strained silicon technology incorporated in its 90nm Pentium microprocessors.

Strained silicon is a general term for technology and processes in which the silicon crystalline lattice is stretched or compressed to increase electrical carrier mobility. Semiconductor chips made with strained silicon transistors can operate faster at lower power requirements relative to traditional semiconductors.

“Our engineering expertise and technological development work is well known for a long time, and there are a variety of strained silicon innovations in the market that are innovations we brought there,” Lord said. “A lot of resources and talent have been committed to this technology, and for the sake of those who have put capital and time into this work, we owe it to them to ensure that people who use our technology pay for it.”

“Because Intel has been using these proprietary technologies without a license from AmberWave,” AmberWave CEO Richard Faubert added, “we have no choice but to defend our intellectual property rights.”

Intel could not be reached for comment about either lawsuit.

About AmberWave Systems
Founded in 1998, AmberWave Systems has become a leader in the research, development and licensing of advanced technologies for semiconductor manufacturing. By funding and guiding university research, AmberWave Systems is bringing new technology developments to fruition through patents and technology licensing. In conjunction with its university research projects, AmberWave Systems conducts its own research, development and limited manufacturing in its semiconductor fabrication facility in Salem, New Hampshire. In addition, AmberWave Systems collaborates with other technology focused companies to further expand and develop its research. For more information about the company, please visit its Web site at www.amberwave.com.