well apparently what happened is that AMD settled with Intel a long time ago when they began making the first x86 compatible chips (K6 i'm guessing), the result of which is the cross-licensing agreement. I believe the general gist of the agreement is that AMD can keep making x86 compatible chips and use the special instructions created by intel (MMX, SSE etc.) in return for paying royalty to intel. Furthermore, I believe Intel can effectively modify/reverse engineer present and future AMD chips to their liking and incorporate any and all of AMD chip technology into their own products. Esentially, the agreement is skewed heavily in Intel's favor. Thus, not only can the upcoming Nocona chips be x86-64 compatible with AMD, they can be exact duplicates of the AMD instructions and it's completely legal.
although it sounds like a crappy deal, one must also realize that it is this very agreement that allowed AMD to produce their K6-2, K6-3, Athlon, Athlon XP, and Athlon 64 chips without fear of reprisal from intel. Basically, AMD reaped the rewards and now it's time to pay the piper.
....damn Intel