Date: 11-04-2009

Case Style: Taiwan Semiconductor Manufacturing Co. v. Semiconductor Manufacturing International Corp.

Case Number:

Judge: Steven Brick

Court: Superior Court, Alameda County, California

Plaintiff's Attorney: Jeffrey Chanin, Keker & Van Nest, San Francisco, California

Defendant's Attorney: David Steuer, Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, California

Description: Taiwan Semiconductor Manufacturing Co. sued Semiconductor Manufacturing International Corp. on conversion and breach of contract theories claiming that Defendant stole and used trade secrets owned by it. TSMC had previously sued SMIC which agreed to pay $175 million in damages and surrender all TSMC documents and stop using TSMC technology and processes.

TSCM accused SMIC for hiring away its employees and urging them to bring trade secret documents with them to their new jobs in Shanghai in 2000. It was required by the earlier settlement to return those documents and pay $175 million in damages. TSCM did not return the documents and used information gleaned from them in a patent application filed in 2006.

The defenses asserted by SMIC are not available.

Outcome: Plaintiff's verdict on the legal issues. Damages to be determined later. Plaintiff is also seeking a permanent injunction against Defendant.

Plaintiff's Experts:

Defendant's Experts:

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