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02-572 INTEL CORPORATION v. ADVANCED MICRO DEVICES Ruling below: CA 9, 292 F.3d 664. QUESTIONS PRESENTED: 28 U.S.C. § 1782 authorizes the federal district courts to grant discovery to "interested person[s]" for use "in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation." The questions presented are: 1. Whether section 1782 authorizes a federal district court to provide a private person with discovery that the foreign jurisdiction itself does not authorize. 2. Whether section 1782 allows civil discovery by a private person when no "proceeding" before a foreign "tribunal" is pending or even imminent. 3. Whether section 1782 extends discovery rights in the United States to private non-litigants. CERT. GRANTED: 11/10/03 J. O'Connor took no part.
In the Intel Corporation v. Advanced Micro Devices, Inc., 2003 case, Advanced Micro Devices (AMD) sought to obtain confidential documents from Intel that were produced in a European Commission antitrust proceeding against Intel. AMD argued it needed these documents for its own U.S.-based lawsuit against Intel under the Federal Rules of Civil Procedure's discovery rules. The Supreme Court ruled in favor of AMD stating that district courts have discretion to order production of such documents if they are relevant and not privileged or protected by law enforcement interests. However, this does not mean that foreign tribunals must accept those materials; rather it allows parties involved in domestic litigation access to information pertinent to their cases even when originating from international proceedings.
In the dissenting opinion for Intel Corporation v. Advanced Micro Devices, Inc., Justice Stephen Breyer argued that the majority's interpretation of 28 U.S.C §1782 was too broad and could potentially lead to serious international relations problems. He expressed concern about American courts becoming involved in foreign legal matters without clear guidelines or limitations, which he believed could result in a misuse of power and potential conflicts with other nations' judicial systems. Additionally, he pointed out that this ruling might encourage similar requests from foreign entities seeking information from American companies for use in their own domestic disputes - an outcome not intended by Congress when they enacted §1782. Thus, Justice Breyer disagreed with the majority's decision to allow AMD to obtain documents from Intel under this statute.