Texas Instruments Inc. v. Tessera, Inc.

ORDER

DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND GRANTING THE UNITED STATES INTERNATIONAL TRADE COMMISSION’S MOTION FOR LEAVE TO INTERVENE

This matter comes before the Court on Plaintiffs Motion for Preliminary Injunction. At issue is whether Plaintiff and Counter-defendant Texas Instruments, Inc. (hereinafter “TI”) has made a sufficient showing to justify granting the preliminary remedies being sought here. The Court must decide whether Plaintiff is likely to prevail on its forum selection clause argument and whether there is a significant threat of irreparable injury to Plaintiff if Defendant Tessera, Inc. (hereinafter “Tessera”) maintains an action before the International Trade Commission (hereinafter “ITC”) 1 . After careful consideration of the moving and responding papers, the Court DENIES Plaintiffs Motion for Preliminary Injunction.

I. Facts

On November 1, 1996, TI and Tessera entered into a Limited TCC ™ License Agreement, which gave TI the right to make, use and sell semiconductor chips with Tessera’s chip scale packaging technology (hereinafter “CSP”) 2 . Because the CSP is protected by Tessera’s patents, the License Agreement required TI to pay…