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Jury returns judgment against Berkshire unit in subrogation dispute



A federal jury has returned a judgment against Berkshire Hathaway Group Inc. in its attempt to recover $ 150 million paid to Microsoft Corp. over a chip company's alleged failure to deliver its product under its contract.

Microsoft signed an agreement in 2004 to have San Jose-based Hynix Semiconductor America, now known as SK Hynix America Inc., to deliver an "uninterrupted delivery" of its Dynamic Random Access Memory chips according to the complaint in March 2017 , filed in the US District Court in Seattle in Cypress Insurance Co. v. SK Hynix America Inc.

In September 2013, SK Hynix informed Microsoft that it would not comply with the terms of the agreement and provide the DRAM chips as a result of the complaint.

Because of this, Microsoft had to secure alternative chip purchases at a higher price to support its delivery needs according to the complaint.

In response to all Berkshire Hathaway unit Cypress paid $ 1

50 million to Microsoft according to its policy. It then filed the complaint against SK Hynix and requested "full extent" of its payment as Microsoft's subrogate.

SK Hynix denied claims in the lawsuit in its reply to the complaint.

The court made judgment in SK Hynix favor Friday after Thursday's jury's death.

"We are obviously proud of the judgment. We feel that our client has been justified," says SK Hynix lawyer Timothy B. Yoo, a principal with Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow PC in Los Angeles. "They really did not make a mistake."

A Cypress lawyer had no comment.

In March, Taiwan's Foxconn Technology Co. Ltd. responded to a patent infringement procedure brought against Microsoft Corp. The manufacturer has never had to pay royalties for the US company software.


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