Orrick Wins 6-Year Long Misappropriation of Trade Secrets Battle for Intel

In California Appellate Opinions on August 20, 2010 at 1:13 pm
SANTA CLARA, CA - JULY 15:  An Intel sign is d...
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On Wednesday, the California Supreme Court denied review of Sivaco Data Systems v. Intel Corp., 184 Cal. App. 4th 210, 109 Cal. Rptr.3d 27 (Cal. Ct. App. 6th Dist. Apr. 29, 2010), ending a six-year long trade secret misappropriation battle.

Plaintiff Silvaco Data Systems (Silvaco) sued defendant Intel Corporation (Intel) alleging that Intel had misappropriated certain trade secrets used by Silvaco in its software products. Id. *215.  The gravamen of the dispute was that Intel had used software acquired from another software concern with knowledge that Silvaco had accused that concern of incorporating source code, stolen from Silvaco, in its products. Id. **215-16. The issue presented was whether Intel could be liable for such use if it never possessed or had access to the source code but only had executable, machine-readable code compiled by its supplier from source code. Id. *216.  The Court of Appeal held that “[o]ne does not, by executing machine-readable software, ‘use’ the underlying source code; nor does one acquire the requisite knowledge of any trade secrets embodied in that code.” Id. The California Supreme Court denied review.

More later.

Judges and Attorneys

Hon. Conrad Lee Rushing wrote the opinion for the Sixth District Court of Appeal.  Hon. Franklin Daniel Elia and Hon. Eugene Milton Premo concurred.

The trial judge was Hon. Kevin J. Murphy of Santa Clara County Superior Court.

Defendant and Respondent Intel Corporation was represented by Michael Spillner, Chris R. Ottenweller, Robert S. Shwarts, Janet M. Craycroft, and Tanya Hunter.

Plaintiff and Appellant Silvaco Data Systems was represented by Chris Scott Graham, Jill F. Kopeikin, and Sara Wager.


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