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SHUM v. INTEL CORP.

Nos. 2009-1385, 2009-1419.

633 F.3d 1067 (2010)

Frank T. SHUM, Plaintiff-Appellant, v. INTEL CORPORATION, LightLogic, Inc., and Jean-Marc Verdiell, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Denied February 24, 2011.

Attorney(s) appearing for the Case

Paul F. Kirsch , Shopoff & Cavallo LLP, of San Francisco, CA, argued for plaintiff-appellant. Of counsel on the brief was Robert A. McFarlane , Townsend and Townsend and Crew LLP, of San Francisco, CA.

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for defendants-appellees. With him on the brief were Richard W. O'Neill , Mark C. Fleming ; Seth P. Waxman , Brian M. Boynton , Mary K. Gardner , and Gregory H. Lantier of Washington, DC. Of counsel on the brief was Stephen E. Taylor , Taylor & Company Law Offices, LLP of San Francisco, CA.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

In part, this case is about inventorship. Mostly, however, this case is about various claims arising under California law. While the theories as to each state law claim differ slightly, all are essentially grounded in fraud. The ones at issue on appeal include breach of fiduciary duty, fraudulent concealment, unjust enrichment, breach of contract, and intentional misrepresentation. This appeal also challenges the district court's findings regarding...

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