[Boston Globe][Business] Related [Image] Complete text of the lawsuit filed by info: Digital against Intel Back to main UNITED STATES DISTRICT COURT DISTRICT OF story MASSACHUSETTS CENTRAL SECTION - DIGITAL EQUIPMENT CORPORATION (PLAINTIFF) V. Digital INTEL CORPORATION, (DEFENDENT) inside? A quick quide I. NATURE OF THE ACTION to Digital's claims 1. This is an action for damages and injunctive relief DEC press to remedy the willful release on infringement by defendant Intel the suit Corporation (``Intel'') of patents issued to plaintiff Intel's Digital Equipment Corporation stock (``Digital'') by the United performance States Patent and Trademark this week, Office. These patents cover and the inventions by Digital in such current areas as computer architecture quote and microprocessor design. The inventions greatly enhance the Digital's speed and efficiency of stock essential functions in advanced performance microprocessors through this week, innovative developments in the and the sequencing, management and current execution of instructions and quote in the architecture and management of cache memory. [Vote] Defendant Intel uses these Is Digital patented inventions in its inside? microprocessor products. ------------- II. JURISDICTION AND VENUE Globe 2. This is an action for Business infringement of patents, 35 section U.S.C. 271, arising under the patent laws of the United Business States. The jurisdiction of Wire for the this Court is based on 28 latest U.S.C. 1331 and 1338. Venue is headlines based on 28 U.S.C. 1391(b) and (c) and 1400(b). Stock quotes III. THE PARTIES Market performance: 3. Plaintiff Digital is a charts, Massachusetts corporation graphs, and headquartered in Maynard, indices Massachusetts which also resides in Worcester County, Boston.com Massachusetts. Business page 4. Founded in Massachusetts in 1957, Digital has long been recognized as one of the world's leading innovators in computer architecture and technology. For nearly forty years, Digital has invested in basic research and development in the computing field. Its efforts have spawned many significant innovative technologies including the Alpha family of microprocessors -- incorporating most of the patented inventions sued upon here. Since its introduction, theAlpha family of microprocessors has consistently achieved the highest performance of any general purpose microprocessor. 5. Upon information and belief, defendant Intel is a Delaware corporation headquartered in Santa Clara, California. Intel resides in this judicial district within the meaning of 28 U.S.C. 1391(c). IV. THE PERTINENT FACTS A. The Digital Patents in Suit 6.On July 5, 1988, United States Patent No. 4,755,936 titled ``Apparatus And Method For Providing A Cache Memory Unit With A Write Operation Utilizing Two System Clock Cycles'' was duly and legally issued to Digital on an application filed by Robert E. Stewart, Barry J. Flahive and James B. Keller. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 7. On July 11, 1989, United States Patent No. 4,847,804 titled ``Apparatus And Method For Data Copy Consistency In A Multi-Cache Data Processing Unit'' was duly and legally issued to Digital on an application filed by Stephen J. Shaffer and Richard A. Warren. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 8. On February 25, 1992, United States Patent No. 5,091,845 titled ``System For Controlling The Storage Of Information In A Cache Memory,'' was duly and legally issued to Digital on an application filed by Paul I. Rubinfeld. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 9. On June 23, 1992, United States Patent No. 5,125,083 titled ``Method And Apparatus For Resolving A Variable Number Of Potential Memory Access Conflicts In A Pipelined Computer System'' was duly and legally issued to Digital on an application filed by David B. Fite, Tryggve Fossum, Ricky C. Hetherington, John E. Murray and David A. Webb. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 10. On September 15, 1992, United States Patent No. 5,148,536 titled ``Pipeline Having An Integral Cache Which Processes Cache Misses And Loads Data In Parallel'' was duly and legally issued to Digital on an application filed by Richard T. Witck, Douglas D. Williams, Timothy J. Stanley, David M. Fenwick, Douglas J. Burns, Rebecca L. Stamm and Richard Heye. Since that date, Digital has been and still is the owner of all right and title to this patent, including the night to recover for infringement. 11. On January 12, 1993, United States Patent No. 5.179,673 titled ``Subroutine Return Prediction Mechanism Using Ring Buffer And Comparing Predicated Address With Actual Address To Validate Or Flush The Pipeline'' was duly and legally issued to Digital on an application filed by Simon C. Steely, Jr. and David J. Sager. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 12. On March 23, 1993, United States Patent No. 5, 197, 132 titled ``Register Mapping System Having A Log Containing Sequential Listing of Registers That Were Changed In Preceding Cycles For Precise Post-Branch Recovery'' was duly and legally issued to Digital on an application filed by Patent, including the right to recover for infringement. 13. On February 28, 1995. United States Patent No. 5.394.529 titled `Branch Prediction Unit For High-Performance Processors' was duly legally issued to Digital on an application filed by John F. Brown, III, Shawn Persels and Jeanne Meyer. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 14. On July 4, 1995, United Sates No. 5.430.888 titled `` Pipeline Utilizing An Integral Cache For Transferring Data To And From A Register '' was duly and legally issued to Digital on an application filed by Richard T. Witek, Douglas D. Williams, Timothy J. Stanley, David M. Fenwick, Douglas J. Burns, Rebecca L. Stamm and Richard Heye. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 15. On October 22, 1996, United states Patent No. 5.568.624 titled ``Byte-Compare Operation For High-Performance Processor'' was duly and legally issued to Digital on an application filed by Richard L. Sites and Richard T. Witek. Since that date, Digital has been and still is the owner of all right and title to this patent, including the right to recover for infringement. 16. Digital's United States Patent No. 4.755,936 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium Pro processor and Pentium 11 processor, and by instructing others how to use these microprocessors. 17. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing Infringement of at least claim I of Digital's United States Patent No. 4,847,804 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium processor, Pentium processor with MMX technology, Pentium Pro processor and Pentium II processor, and by instructing others how to use these microprocessors. 18. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim I of Digital's United States Patent No. 5,091,845 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium processor and Pentium processor with MMX technology, and by instructing others how to use these microprocessors. 19. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim 8 of Digital's United States Patent No. 5,125,083 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold. No.007 P.07 under the following trade names: Pentium Pro processor and Pentium processor, and by instructing others how to use these Microprocessors. 20. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim 25 of Digital's United States Patent No. 5,148,536 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital. Certain microprocessors, including at least microprocessors sold under the following trade names: Pentium Pro processor and Pentium If processor, and by instructing others how to use these microprocessors. 21. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim I of Digital's United States Patent No. 5,179,673 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium Pro processor and Pentium 11 processor, and by instructing others how to use these microprocessors. 22. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim I of Digital's United States Patent No. 5,197,132 by making. using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from. Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium Pro processor and Pentium II processor, and by instructing others how to use these microprocessors. 23. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim I of Digital's United States Patent No. 5,394,529 by making, using, offering to sell and/or MHY 16'9e lb.:25 No.00 P.08 selling within this judicial District and elsewhere in the United States. Licensed authority from Digital, certain microprocessors including at least microprocessors sold under the following trade names: Pentium Pro processor and Pentium 11 processor and by instructing others how to use these microprocessors. 24. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim I of Digital's United States Patent No, 5,430,888 by making, using, offering to sell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium Pro processor and Pentium 11 processor, and by instructing others how to use these microprocessors. 25. On information and belief, Intel has been and is now infringing, contributorily infringing and actively inducing infringement of at least claim 9 of Digital's United States Patent No. 5,568,624 by making, using, offering to Aell and/or selling within this judicial District and elsewhere in the United States, without license or authority from Digital, certain microprocessors, including at least microprocessors sold under the following trade names: Pentium processor with MMX technology and Pentium 11 processor, and by instructing others how to use these microprocessors. 26. On information and belief, Intel's infringement of these patents has been willful and deliberate and Intel will continue its infringing activities unless restrained by this Court. 27. On information and belief, lntel's appropriation of Digital's patented technology without Digital's permission has enabled Intel to maintain market dominance in microprocessors for personal computers and to expand that market power into the server and workstation fields. On information and belief, Intel profited, caused handsomely through its infringement. At the same time, lntel's infringement on Digital irreparable harm in its own business. 28. On information and belief, Intel has Profited and will continue to profit by its infringing activities. 29. Digital has complied with the requirements of 35 U'.S.C. 287. when applicable. 30. Digital has been damaged and will be irreprably injured unless these infringing activities are enjoined. WHEREFORE, plaintiff preys A. That this Court adjudge that plaintiff Digital Is the owner of United States Patent Nos. 4,755,936, 4,847,804, 5,091,845, 5,125,083, 5,148,536, 5,179,673, 5,197,132, 5,394,529, 5,430,888, and 5,568,624; and all rights of recovery under each of them; B. That this Court adjudge that each of United States Patent Nos. 4,755, 5,430,888, and 5,568,624 is good and valid in law and that defendant Intel has infringed each of them; C. That a preliminary and permanent injunction be issued enjoining Intel and those in privity with Intel from further infringement, contributory infringement and actively inducing infringement of each of them; D. That an accounting be had for the damages to Digital arising out of lntel's infringing activities together with interest and costs, and that such damages be awarded to Digital; E. That Intel's infringement be adjudged willful and that the damages to Digital be increased to three times the amount found or assessed pursuant to 35 U.S.C.; F. That this be adjudged an exceptional case and that Digital be awarded its attorney fees in this action pursuant to 35 (J.S.C. 285, and G. That Digital be awarded such other and further relief as the Court may deem just and equitable. Plaintiff demands trial by jury on all issues. Respectfully submitted, Dated: May 12, 1997 OF COUNSEL: Herbert F. Schwartz Kenneth B. Herman Jesse J. Lenner Mark H. Bloomberg (BBO#544057) 1251 Avenue of the Americas, New York, New York 10020 Telephone: (212) 596-9000 Martin London Martin Flumenbaum Carey R. Ramos PAUL, WEISS, RIFKIND, W14ARTON & GARRISON 1285 Avenue of the Americas, New York, New York 100 1 9-6064 Telephone: (212) 373-3054 Thonias C. Siekman (BBO#461780) James P. Shaughnessy (BBO#557797) DIGITAL EQUIPMENT CORPORATION, Powdermill Road, Maynard, Massachusetts 1 754 Telephone: (508) 493-4422 DOCSA\508877,1 Shepard M. Remis (BBI GOODWIN. PROCTL'R HOAR LLP Exchange Place Boston, Massachusetts 02109-2881 Telephone:(617)570-1000. ---------------------------------------------------- [IBM Solutions] Search Feedback Talk About Us Email the Globe Back to Boston.Com © Copyright 1997 Globe Newspaper Company Return home -------------------------------- [BBN Planet]