Via Technologies, Inc. v. Sonicblue Claims, LLC

ORDER

On September 29, 2010, the court heard argument in defendants’ motions for summary judgment, and plaintiff and counter-defendant’s motion to dismiss the second amended counterclaim. Plaintiff and counterdefendant VIA Technologies, Inc. (“VIA”) appeared by its counsel Douglas Hendricks and Adam Lewis; defendant and counterclaimant SONICBlue Claims, LLC (“SBC”) appeared by its counsel William McGrane; and defendants Ferry Claims LLC (“Ferry”) and Freefall Claims LLC (“Freefall”) appeared by their counsel Duane Geek.

Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS VIA’s motion to dismiss the second amended counterclaim; DENIES SBC’s motion for summary judgment; and DENIES Ferry/Freefall’s motion for summary judgment.

BACKGROUND

SONICBlue, Incorporated (“SONIC-Blue”) and three subsidiaries designed and marketed consumer electronic products. In January 2001, SONICBlue and VIA (a Taiwanese manufacturer of integrated circuits) formed a joint venture — S3 Graphics Co., Ltd. (“S3 Graphics”) — to operate SONICBlue’s graphics chip business. SONICBlue contributed intellectual…