Intel Corp. v. VIA Technologies, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON EXPRESS LICENSE DEFENSE FOR UNITED STATES PATENT NO. 6,006,291; DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

This case features an industry-wide standard for certain computer-chip specifi cations and the scope of a royalty-free cross-license covering the standard. Such standards promote progress. Without them, the industry would balkanize, improvements would slow, and consumers would suffer. A key issue, however, concerns patent rights. On the one hand, by definition, standards must be available and unencumbered for industry-wide use. On the other, property rights, an important incentive to innovate, need protection. This tension pervades the present motion in this hard-fought litigation between two chip manufacturers.

For the reasons given below, this order holds that VIA Technologies, Inc., is licensed to practice certain patent claims owned by Intel Corporation that are required to implement an industry-wide standard promoting so-called “Fast Write,” a standard promulgated by Intel itself. The claims at issue are namely Claims 1, 4, 6, and 7 of United States Patent No. 6,006,291. VIA’s motion for…