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Intellectual Property
Misappropriation of Trade Secrets
Breach of Settlement Agreement

Taiwan Semiconductor Manufacturing Co. v. Semiconductor Manufacturing International Co.

Published: Jan. 16, 2010 | Result Date: Nov. 4, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 06-286111 Settlement –  $330,000,000 (cash and stock)

Court

Alameda Superior


Attorneys

Plaintiff

Jeffrey R. Chanin

Brian L. Ferrall

Ashok Ramani
(Davis Polk & Wardwell LLP)


Defendant

David S. Steuer


Facts

Taiwan Semiconductor Manufacturing Co. (TSMC) and Semiconductor Manufacturing International Co. (SMIC) are top semiconductor manufacturers whose customers include Broadcom, NVIDIA, Qualcomm, LSI, Marvell and TI. TSMC brought suit against SMIC for trade secret misappropriation.

On Nov. 3, 2009, the jury found SMIC had violated a previous settlement agreement, and stolen TSMC's trade secrets. Before the jury decided damages, the parties reached a settlement.

Damages

TSMC claimed damages of more than $2 billion.

Result

The parties reached a settlement where SMIC agreed to pay $200 million in cash, and issue TMIC approximately $130 million worth of its stock.


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