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July 21, 1998

INTERGRAPH RESPONDS TO INTEL’S INJUNCTION APPEAL

By CBR Staff Writer

Intel Corp based its recent appeal against the preliminary injunction issued against it on just two of Intergraph Corp’s claims, the company said on Monday in its response to Intel. The preliminary injunction was issued against Intel on April 10, as part of Integraph’s anti-competitive behavior, patent infringement and antitrust violation suit against it. In its appeal, Intel concentrated on the charges of monopoly leveraging and attempt to monopolize, said Intergraph, and ignored charges such as the illegal maintenance of monopoly, denial of access to essential facilities, unlawful refusal to deal, misuse of monopoly power and coercive reciprocity, also detailed in Intergraph’s original brief. By law, Intergraph said, it needed to establish likelihood of success on only one of these grounds to obtain the preliminary injunction. Intergraph also claimed that the court’s findings were substantiated by the Federal Trade Commission’s June 8 antitrust lawsuit against Intel. Intergraph also questioned Intel’s reasons for challenging the injunction, which seeks to ensure that Intel continues to provide Intergraph with the products and information it needs to keep its Pentium workstation business going, pending the trial’s outcome: nothing more than what it willingly, and apparently profitably, did with Intergraph for several years.

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