Chris R. Ottenweller

One of the many battles in the smartphone patent wars was decided last year when the U.S. International Trade Commission ruled that Apple Inc. did not infringe four S3 Graphics Inc. patents after a trial in which Ottenweller was lead defense counsel.

Ottenweller worked with G. Hopkins Guy III, his Orrick, Herrington & Sutcliffe LLP partner, on the case, which became more important because S3 Graphics announced plans to be acquired by HTC Corp., Apple's legal adversary in other smartphone patent battles. The allegations threatened the importation of Mac computers.

An ITC administrative trial judge ruled that Apple infringed two S3 Graphics patent claims, but in November, after Apple appealed, the commission reversed that decision and found no violation.

Ottenweller said he tried not to rely too heavily on expert witnesses, while S3 Graphics put on what he described as an "expert-only case." In the Matter of Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, 337-TA-724 (ITC, filed May 19, 2010).

A parallel district court case in San Jose federal court has been on hold while the U.S. Patent and Trademark Office reexamines the patents in question, and all have been rejected thus far.

In another case, Ottenweller won summary judgment, defeating a patent holding company's complaint accusing Santa Clara-based Nvidia Corp.'s graphics processors of infringing two patents, and Sony Corp. of using those chips in its PlayStation3. U.S. District Judge Philip A. Brimmer dismissed the case, which had been scheduled to go to trial this summer. BIAX Corp. v. Nvidia Corp., 09-1257 (D. Col., filed May 29, 2009).

In June 2011, the U.S. Court of Appeals for the Federal Circuit upheld Ottenweller's victory in a patent case defending several technology companies, including Intel Corp., against an Acacia Research Corp. subsidiary's infringement claims.

- CRAIG ANDERSON

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