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Microsoft captive loses effort to recover chip payment



This story has been corrected to reflect that Cypress Insurance Co. is the prison insurer of Microsoft Corp.

A federal jury has ruled against Microsoft's prison agency to restore $ 150 million paid to Microsoft 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 filed in March 2017. in the US District Court in Seattle in Cypress Insurance Co. against SK Hynix America Inc.

In September 201

3, SK Hynix informed Microsoft that it would not comply with the terms of the agreement and provide the DRAM chips as required by 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 the alleged damage, Cypress, Microsoft's Arizona-based prison insurance company, paid $ 150 million to Microsoft. 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 response to the complaint.

The court ruled 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 never had to pay royalties for the US company software.

                    


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