Nicely done. Words like 'is' incur liability because it can be interpreted as making factual statements that you could be held accountable for. Hurry, get your law degree so you can skin Intel alive ;)
My suspicion is they don't get sued; rather, Werner Vogels calls Intel and tells them the massive haircut / refund they're gonna take. Or Werner buys amd procs.
And then as you say, they immediately mention AMD to imply that everyone has the issue, but they also avoid actually saying that.
Your excellent analysis of what they're really saying reminds me of user thaumaturgy's analysis of Adancing Our Amazing Bet[1].
[1] https://news.ycombinator.com/item?id=12793033