Second Circuit Revives IBM Licensing Contract Breach Suit
The technology company saw its $10 million IP contract breach win over United Microelectronics Corp. remanded to the district court for further review.
March 11, 2019 at 03:54 PM
3 minute read
The original version of this story was published on New York Law Journal
A $10 million licensing breach of contract dispute by IBM against Taiwan-based semiconductor company United Microelectronics Corp. will return to the district court for additional review, after the U.S. Court of Appeals for the Second Circuit partially reversed a trial court ruling in IBM's favor.
In September 2017, U.S. District Judge William Pauley III of the Southern District of New York granted IBM's motion for summary judgment over what the American tech giant claimed was UMC's breach of contract for failure to pay a $10 million intellectual property licensing fee.
The dispute arose out of UMC's agreement to identify and secure a majority ownership in a microchip manufacturing facility during the 2015 calendar year. Not only did UMC fail to make good on the facility part of the deal, the firm likewise did not pay an associated $10 million fee.
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