In Advanced Micro Devices, Inc. v. S3 Graphics Co., Ltd., C.A. No. 11-965-LPS (D. Del. Oct. 25, 2011) (public version released Nov. 8, 2011), Judge Stark denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction which sought to enjoin the defendants from continuing to prosecute patent infringement claims in the ITC. The plaintiffs asserted that an injunction was needed because the ownership of the patent-in-suit was disputed, and the resolution of the ITC proceedings could irreparably harm the true owner of the patent. The Court denied the plaintiffs’ motion, finding that although it might have the discretionary authority to enjoin the defendants from continuing to prosecute their claims before the ITC, it would not do so under the circumstances because the ITC action “could hardly be more advanced, and the instant action is less than two weeks old; [and] Plaintiffs were aware of the ITC proceeding for some months before they attempted to intervene in it and waited months longer before asking a district court to halt the ITC proceedings[.]” Id. at 3. Judge Stark did, however, invite the parties to submit a scheduling order that would bifurcate and fast-track the Court’s consideration of case-dispositive motions and/or a trial on the merits of the patent ownership dispute, anticipating a resolution of that issue within approximately six months. Id. at 2.
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