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[TPU] AMD Fails to Halt S3 Graphics Patent Lawsuit Against Apple - Page 2

post #11 of 43
Quote:
Originally Posted by Stealth Pyros View Post
Incorrect, it would be up to AMD/S3 to demand that those other companies stop selling their products with their graphics. Just because X company was forced to stop selling their product for patent infringement it doesn't mean every other company has to cease their products. If AMD/S3 haven't asked them to stop, they have no obligation to stop.
What you say here is correct, but you are interpreting it incorrectly.

If VIA wins the lawsuit against Apple, then the result of that lawsuit is that the S3 patents must be owned by VIA and the AMD products used by Apple are infringing. This is a two-fold lose for AMD.

No one said that companies had to stop selling products. The problem is that if VIA begins bringing lawsuits against other AMD customers, then AMD will be liable for those damages (this isn't a legal thing so much as a contract thing, given that contracts between AMD and its parterns likely state that AMD bears sole liability in the case that AMD's products are found to be infringing). Now, not only has this situation irritated AMD's partners, who now have to deal with a lawsuit, but it could potentially cost AMD millions of dollars in infringement settlements. It could also require a massive redesign of AMDs graphics hardware in order to no longer be infringing.

However, it would be a really, really, really poor decision to not stop selling those products. Under patent law in the US, there is a triple damages clause in the case of willful infringement. If company X is selling product Y and found to infringe patent Z, and you are selling product Y, you better stop selling it, because it is clear that product Y infringes patent Z. If you don't, triple damages here we come!
post #12 of 43
I'm confused here.

If AMD is involved the the actual patents infringed upon are due to their parts.
Don't the courts just toss out the suit and say "you went after the wrong company", and send them back so it's S3 vs AMD? That would make the most sense.

If Apple is using stolen property, then they shouldn't be doing it. However, it's not for them to know that every piece of tech they are using is totally legit because AMD shouldn't even have it in the first place for fear of patent infringement?
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post #13 of 43
Quote:
Originally Posted by Culverin View Post
I'm confused here.

If AMD is involved the the actual patents infringed upon are due to their parts.
Don't the courts just toss out the suit and say "you went after the wrong company", and send them back so it's S3 vs AMD? That would make the most sense.

If Apple is using stolen property, then they shouldn't be doing it. However, it's not for them to know that every piece of tech they are using is totally legit because AMD shouldn't even have it in the first place for fear of patent infringement?
Actually, it is their responsibility to know. Most patent applications are written such that both the maker of the product and the user of a product are possible infringers. This is because it sometimes is more lucrative to attack the builder, and sometimes it's more lucrative to attack the user. However, Apple and AMD likely have a contract that stipulates that any costs due to legal action brought against parts manufactured by AMD will be covered by AMD.
post #14 of 43
Quote:
Originally Posted by Kevlo View Post
I don't think you are properly informed, their GPU market share is growing very quickly, granted their processors are not the greatest but they are cheap and that is their selling point. Cheap, affordable and close enough performance to intel for the average customer.
Tru.

their main target is the mainstream market segment where their APU showcase the best of both worlds that Intel has struggled to bring out. The mainstream is an important segment to gain market share.
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post #15 of 43
Quote:
Originally Posted by Raiden911 View Post
Tru.

their main target is the mainstream market segment where their APU showcase the best of both worlds that Intel has struggled to bring out. The mainstream is an important segment to gain market share.
QFT. Just because AMD has more or less left the ultra-high end for desktop CPUs doesn't mean that their market share is decreasing. And their low/mid end GPUs actually have better $/performance and performance/watt than the Nvidia equivalents.
Edited by Nick2253 - 11/2/11 at 3:02pm
post #16 of 43
Quote:
Originally Posted by Eduardv View Post
No, AMD is loosing the war in the processor market, as well in the graphic card market.

Their partnership with Apple is critical for their future.
Wow shows how much of a intel fanboy you are, wasn't the 6990 named the fastest refrence graphics card? Plus bulldozer will still sell as a server component even if it doesn't sell big for desktops.
post #17 of 43
The final decision isn't until Nov 15.
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post #18 of 43
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Originally Posted by Maelthras View Post
Wow shows how much of a intel fanboy you are, wasn't the 6990 named the fastest refrence graphics card? Plus bulldozer will still sell as a server component even if it doesn't sell big for desktops.
I don't see why bulldozer would sell well in the server market as the power consumption is insanely high.
post #19 of 43
Quote:
Originally Posted by Eduardv View Post
No, AMD is loosing the war in the processor market, as well in the graphic card market.

Their partnership with Apple is critical for their future.
You do know who has made the most console sales eh? You know which chipset that console uses?

You know how well AMD is positioned in the mobile market?

You know how well the HD4/5/6000 series has done over the past few years?

AMD's graphics market isn't declining.
post #20 of 43
If it is a hardware patent then fine, if they really own the patent rights and it is a valid patent then they should be compensated for the technology use. If this is in relation to some part of the graphics software then these people need to crawl in a hole and die.
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