Intel has lost its unprecedented bid to get the European Commission to consider what Intel figures is exculpatory evidence that the agency refuses to seek in the AMD-leveraged antitrust action that the EC has brought against the semiconductor giant.

Intel charged the EC with bias but Europe’s Court of First Instance Tuesday denied Intel’s petition, filed in October, asking for leave to delay its response to EC’s antitrust charges until the EC folds on the evidence. As a result it ignored the EC’s October 17 deadline for a response to its supplementary statement of objections (SSO).

The court said there is “no basis for a finding that the Commission’s conduct was so negligent and biased that the contested decisions in the main action could be considered to be lacking.”

It also observed that “It suffices to note that the applicant was in no way prevented – either by the contested decisions in the main action or by bringing its action for annulment and this application for interim measures – from preparing and submitting, in good time, its reply to the SSO on the basis of the information available to it, at least as a precaution, and that all the more so since the hearing officer had granted an extension of the deadline by four weeks.”

And it told Intel to save its complaint for its appeal if and when the EC finds against the company.

Nobody has ever made such an appeal in mid-case before and the court – reminding Americans why their grandparents left the old country – indicated that Intel might have to pay the piper for its temerity.