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LINEAR TECHNOLOGY v. APPLIED MATERIALS

No. H028343.

61 Cal.Rptr.3d 221 (2007)

152 Cal.App.4th 103

LINEAR TECHNOLOGY CORP., Plaintiff and Appellant, v. APPLIED MATERIALS, INC., et al., Defendants and Respondents.

Court of Appeal of California, Sixth District.

June 18, 2007.

Attorney(s) appearing for the Case

Ruby & Schofield, Allen Ruby and Steven A. Ellenberg, San Jose, for Plaintiff and Appellant.

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.

ELIA, J.

In this action plaintiff Linear Technology Corporation (Linear) alleged that three equipment manufacturers had sold it equipment that was the source of a patent infringement claim against Linear by a third party. The trial court sustained the demurrers of the three defendants, finding insufficient facts to state a cause of action for fraud or unfair competition and lack of subject matter jurisdiction on the causes of action for breach of contract, implied...

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