However, Judge Farnan received a recommendation (PDF) from Special Master Vincent Poppiti last month that said, "as . . . approximately 68% of the total worldwide production of computers powered by x86 microprocessors are sold to non-U.S. customers evidence of foreign exclusionary conduct is essential for AMD to demonstrate." As a result of this recommendation, Judge Farnan has overruled Intel's motion to dismiss and appointed Poppiti to preside over future disputes about evidence discovery in the case.
Considering Intel's alleged antitrust conduct is the subject of investigations in both Europe and South Korea, and the company was also ordered to cease anticompetitive behavior in Japan two years ago, the judge's decision doesn't bode well for Intel.