Class Action Against Intel alleging a defect in Intel’s x86-64x CPU

Enrico Schaefer - March 12, 2018 - Class Action Attorneys, Complex Litigation


If you have a computer which includes the Intel’s x86-64x CPU and are interested in (a) learning more or (b) being included in a class action against Intel, contact us today. We have consumer class action attorneys standing by to assist and help you understand your legal rights.

‘Plaintiffs’ ‘ class action against defendant Intel Corporation (“Intel” or “Defendant”) is on behalf of all persons who purchased a defective Intel core processor (“CPUs”). The allegations include:

  1. Defendant Intel’s x86-64x CPUs suffer from a security defect, which causes the CPUs to be exposed to troubling security vulnerabilities by allowing potential access to extremely secure kernel data (the “Defect”). The only way to “patch” this vulnerability requires extensive changes to the root levels of the Operating System which will dramatically reduce performance of the CPU. The Defect renders the Intel x86-64x CPUs unfit for their intended use and purpose. The Defect exists in all Intel x86-64x CPUs manufactured since at least 2008. The x86-64x CPU is, and was, utilized in the majority of all desktop, laptop computers, and servers in the United States.
  2. To date, Defendant has been unable or unwilling to repair the Defect or offer Plaintiffs and class members a non-defective Intel CPU or reimbursement for the cost of such CPU and the consequential damages arising from the purchase and use of such CPUs. Indeed, there does not appear to be a true “fix” for the Defect. The security “patch,” while expected to cure the security vulnerabilities, will dramatically degrade the CPU’s performance. Therefore, the only “fix” would be to exchange the defective x86-64x processor with a device containing a processor not subject to this security vulnerability. In essence, Intel x86-64x CPU owners are left with the unappealing choice of either purchasing a new processor or computer containing a CPU that does not contain the Defect, or continuing to use a computer with massive security vulnerabilities or one with significant performance degradation.
  3. The CPUs Defendant manufactured and sold to Plaintiffs and Class members were not merchantable and were not fit for the ordinary and particular purposes for which such goods are used in that the CPUs suffer from a critical security defect, requiring an OS-level software patch that will degrade the performance of the CPU.
  4. Having purchased a CPU that suffers from this Defect, Plaintiffs and class members suffered injury in fact and a loss of money or property as a result of Defendant’s conduct in designing, manufacturing, distributing and selling defective CPUs. Intel has failed to remedy this harm, and has earned and continues to earn substantial profit from selling defective CPUs.

Further resources can be found here.

  • Intel hit with class action suit over CPU defects: The case itself aims to represent any US purchaser of Intel CPUs containing the defect, or purchasers of a device containing one of these Intel processors. The defect is actually down to what Intel must have through was a clever bit of engineering. The kernel mode attempts to guess what the user will do next, known as ‘speculative execution’, having certain programmes on stand-by to increase speed and performance. This action potentially exposes kernel data, one of the most sensitive parts of a computer.
  • Intel Hit With Three Class Action Lawsuits Related to Security Vulnerability: It’s been just two days since The Register first reported that all Intel x86-64x processors were subject to a severe security vulnerability, and already Intel has been hit with at least three separate class action lawsuits related to the vulnerability.
  • Purchasers and consumers can find out more information about the two security vulnerabilities pertaining to Intel’s chip design flaw by reviewing PCMag’s “Chip Design Flaw Not Limited to Intel, Researchers Say,” and the Meltdown and Spectre-related website referenced in the article.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.