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CISG CASE PRESENTATION

United States 15 January 2002 Federal District Court [Texas] (Texas Instruments v. Linear Technology v. Tokyo Electron v. Applied Materials)
[Cite as: http://cisgw3.law.pace.edu/cases/020115u1.html]

Primary source(s) of information for case presentation: Case text

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Case identification
Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries

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Case identification

DATE OF DECISION: 20020115 (15 January 2002)

JURISDICTION: United States [federal court]

TRIBUNAL: U.S. District Court, Eastern District of Texas, Marshall Division [federal court of 1st instance]

JUDGE(S): David Folsom

CASE NUMBER/DOCKET NUMBER: CV-004-DF

CASE NAME: Texas Instruments, Inc. v. Linear Technology Corporation v. Tokyo Electron Ltd v. Applied Materials Inc

CASE HISTORY: Unavailable

PLAINTIFF: Texas Instruments, Inc.

DEFENDANT: Linear Technology Corporation [LTC]

THIRD-PARTY DEFENDANTS: Tokyo Electron Ltd [Tokyo] and Applied Materials Inc

NATURE OF LITIGATION: Patent infringement suit

Classification of issues present

APPLICATION OF CISG: The sole reference to the CISG is an allegation by Third-Party Defendant Linear Technology Corporation "that Third-Party Defendant Tokyo violated Article 42 of the United Nations Convention on Contracts for the International Sale of Goods." The court granted Texas Instruments' motion to sever Third-Party Defendants LTC and Tokyo from this suit, thus rendering this allegation moot.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 42

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Intellectual property

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