California Court of Appeal
Linear Tech. Corp. v. Applied Materials, Inc., H028343
In suit alleging that defendants had sold plaintiff equipment that was the source of a patent infringement claim against plaintiff by a third party, sustaining of demurrers is reversed as to the trial court's finding of lack of subject matter jurisdiction on claims for breach of contract, implied equitable indemnity, breach of statutory warranty, and breach of the covenant of good faith and fair dealing as the contract-based causes of action can proceed in state court based on the facts alleged in the operative complaint.
Appellate Information
- Decided 06/18/2007
- Published 06/18/2007
Judges
- ELIA, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Ruby & Schofield, Allen Ruby and Steven A. Ellenberg, San Jose, for Plaintiff and Appellant.
- For Appellees:
- Skadden, Arps, Slate, Meagher & Flom and Jeffrey G. Randall, Palo Alto, for Defendant and Respondent Applied Materials, Inc., Duane Morris, Daniel J. Herling and Minh T. Hoang, San Francisco, for Defendant and Respondent Tokyo Electron Ltd., Irell & Manella, Morgan Chu, Jonathan S. Kagan, Lisa Sharrock Glasser and Laura Brill, Los Angeles, for Defendant and Respondent Novellus Systems, Inc.