See Complaint at pars. Intel has supplied Intergraph with advance technology, product information and advance chip samples since 1993 as an integral part of Intergraph's purchase of Intel Chips. See Complaint at par. For instance, new shipments and revisions of Chips generally contain new technical information made available under a nondisclosure agreement, including information on debugging and errata as such problems become known to Intel. As alleged with particularity in Intergraph's Complaint, when Intergraph refused to license its patent rights to Intel without compensation, Intel implicitly threatened to cut off the supply of its Chips and Information and expressly sought the return of previously disclosed Information, all of which is necessary to service, support and further develop Intergraph's products which incorporate Intel's Chips.
Samples are necessary for Intergraph product development.
While Johnson admitted to Intergraph that samples had already been released to others, he declared that Intergraph would not be provided these samples until March 1998. See Supply Schedule attached as Exhibit C. 7. The California action seeks approval of the very wrongful conduct for which Intergraph has requested relief in this Court and confirms Intel's intent to escalate its campaign of coercive and wrongful actions. Intel's conduct culminating in the filing of the counter-suit lead Intergraph to believe that Intel intends to cease, or has already ceased, providing Intergraph with Chips and Information. The disruption of the supply of Chips and Information will have the effect of shutting down Intergraph's workstation development, affecting thousands of Intergraph employees.