A Los Angeles District Court issued an order on 10 October 2003
clarifying that VIA Technologies, Inc. and AOpen, Inc. are
subject to a preliminary injunction that applies to infringing optical
disk drive software,controllers and drives.
The Court’s order applies to “any version of software developed
by VIA for use with VIA’s CD-ROM controllers, any copy or derivative of
any such software, or anything substantially similar to any such
software” that might enter the United States. Also, the Court’s order
states that VIA is barred from producing, promoting or selling its
CD-ROM controllers in any manner that might enter the United
States. Among other restrictions, AOpen is barred from producing,
promoting,importing or selling, in any manner that might reach the
United States, any product that contains any version of the software
developed by VIA for use with VIA’s CD-ROMcontrollers.
In another aspect of the order, the Court stated that the injunction
applies not only toVIA, but also to VIA’s officers, directors,
subsidiaries and successors in interest.
MediaTek requested clarification from the Court to remove the confusion
and uncertainty created by statements made by VIA and AOpen after the
Court issued its initial preliminary injunction order. “We are pleased
by the action taken by the Court in
confirming the injunction against VIA’s and AOpen’s infringement,” said
MediaTek spokesman Ming-To Yu. The preliminary injunction is based on
MediaTek’s claim that VIA’s and AOpen’s products infringe MediaTek’s
optical disk controller firmware copyrights. Trial on MediaTek’s
patent, copyright and trade secret claims against VIA and AOpen is
scheduled for early next year.