S3 v. Apple


  • Case Number: Inv. No. 337-TA-813

“Certain Electronic Devices with Graphics Data Processing Systems, Components Thereof and Associated Software”

Next Event:  Investigation terminated following settlement agreement by all interested parties on November 20, 2012.

Summary:  S3 Graphics (hereafter S3G) asserts that various Apple products infringe on two (later expanded to four) of their patents, and requests a limited exclusion order preventing the importation and sale of the accused products.  Apple and HTC entered into a global settlement on November 20, 2012, requesting the termination of this Investigation and ending all litigation between the companies as part of a global licensing agreement.  This License Agreement and Settlement extended to HTC subsidiary S3 Graphics, terminating this investigation.

Timeline of Important Events:

  • September 22, 2011 – S3G files their initial Complaint, asserting infringement of two patents. (Document #459847).
  • October 14, 2011 – S3G files an Amended Complaint, alleging infringement of two additional patents, bringing the total to four.  (Document #461620).
  • November 8, 2011 – The Commission opens an investigation and assigns ALJ E. James Gildea.
  • December 19, 2011 – Apple files its Answer to the Amended Complaint, denying infringement.  (Document #466979).
  • January 3, 2012 – ALJ Gildea issues the procedural schedule, setting hearings for November 28 – December 7, 2012, with a final Initial Determination due February 20, 2013 and a target date of completion of June 20, 2013.
  • July 24, 2012 – S3G motions for summary determination that they satisfy the economic prong of the domestic industry requirement. (Document #486287).
  • August 3, 2012 – S3G moves for partial termination of the investigation as to patents 5,977,960 and 6,353,440.  Motion is granted October 18, 2012. (Document #493890).
  • August 27, 2012 – S3G moves for summary determination that they satisfy the technical prong of the domestic industry requirement for patent 5,945,997.
  • November 20, 2012 – Apple and HTC file a Joint Motion to Terminate Enforcement Proceeding without Prejudice Based on a Patent License and Settlement Agreement (Document 497598).  The Patent License and Settlement Agreement extend to HTC subsidiary S3 Graphics Co., which had asserted patents against Apple in both the European Union and the ITC (Investigations 337-TA-724 and 337-TA-813).