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Industry Sued for Using PCI Express

Microlinc LLC has refiled its suit against Intel, AMD, Nvidia, Acer, Apple, Dell, Sony, Toshiba, Gateway, HP and Lenovo

Armed with the results of a re-examination of the validity of its patent by the Patent and Trademark Office, Microlinc LLC has refiled its suit in the famed Eastern District in Texas against Intel, AMD, Nvidia, Acer, Apple, Dell, Sony, Toshiba, Gateway, HP and Lenovo charging the lot of them with stepping on its patent by using the PCI Express bus.

AMD's Hypertransport widgetry is also indicted.

Two years ago Microlinc withdrew its original suit after Intel raised issues of obviousness and both of them repaired to the PTO seeking a re-examination of US Patent No. 6,009,488 entitled "Computer having packet-based interconnect channel" issued on December 28, 1999.

Microlinc emerged late last month with a "non-final Office Action" that upholds the patentability of four of its 13 claims over any taint of prior art.

The 18-page suit claims that Intel didn't start developing PCI Express until after the '488 patent was filed, that it sought to acquire the patent starting in 2003 and, failing an agreement, gave up the following summer when it started marketing the thing. Microlinc of course claims Intel knew it was trespassing all along.

Microlinc wants damages, an injunction and a jury trial.

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