Court will not enjoin customer suit ITC proceeding
Advanced Micro Devices, Inc., et al. v. S3 Graphics Co., LTD., et al., Civil Action No. 11-965-LPS, October 25, 2011 (redacted) Public Version Released Novemer 8, 2011.
Stark, J. Motion for TRO and preliminary injunction denied.
Plaintiff initiated this patent infringement case over computer products on October 13, 2011, seeking to enjoin a customer suit ITC proceeding initiated in June 2010. Oral argument on plaintiff’s TRO and preliminary injunction motion was heard October 19, 2011. Irreparable harm was not demonstrated to warrant an order directing defendants to withdraw the ITC proceeding. Plaintiff waited several months before initiating the action and the ITC proceeding is nearly complete and set for final decision in November 2011. Under the circumstances, the “customer suit” exception does not favor an injunction. However, an expedited schedule will be set to determine patent ownership within six months. The parties should also advise the court whether non-infringement should be bifurcated from the issue of ownership.
