International Business Machines Corporation v. United Microelectronics Corporation
| International Business Machines Corporation |
| United Microelectronics Corporation |
| 1:2016cv05270 |
| July 1, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| William H. Pauley |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
68
OPINION & ORDER re: 38 CROSS MOTION for Summary Judgment filed by International Business Machines Corporation, 33 MOTION to Dismiss filed by United Microelectronics Corporation: International Business Machines Corporation ("IBM") brings this breach of contract action against United Microelectronics Corporation ("UMC") seeking approximately $10 million in damages. UMC moves to dismiss IBM's Complaint for failure to plead a condition precedent under R ule 9(c). IBM moves separately for summary judgment. For the foregoing reasons, UMC's motion to dismiss is denied, and IBM's motion for summary judgment on its breach of contract claim is granted. IBM is awarded $10 million with inter est from December 31, 2015. The parties are directed to submit a proposed judgment to this Court by September 12, 2017. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 33 and 38, and mark this case as closed. (Signed by Judge William H. Pauley, III on 9/7/2017) (jwh) Modified on 9/7/2017 (jwh).
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