EIGHTH CAUSE OF ACTION. 11 Breach of Express Warranty 12 NY CLS UCC § 2-313 13 (By the New York Class)
EIGHTH CAUSE OF ACTION. 12 PRIVATE ATTORNEYS GENERAL ACT OF 2004 13 (BY PLAINTIFFS AGAINST ALL DEFENDANTS) 14 62. Plaintiffs re-allege and incorporate by reference all previous paragraphs.
EIGHTH CAUSE OF ACTION. 13 Breach of Joint Development Agreement 14 Against Both Defendants
15 76. Lotes realleges and incorporates by reference the allegations in paragraphs 16 1-75 above as if fully set forth herein.
17 77. Lotes and Defendants are parties to the Joint Development Agreement with 18 Intel Corporation. The Joint Development Agreement applies to at least some of the Lotes 19 products that Defendants accuse of infringing the Newly Asserted Patents, the Taiwan '149 patent, 20 and several other U.S., Taiwan, and China patents (collectively, the “Intel Background IP 21 Patentsˮ). In particular, under the Joint Development Agreement, Lotes is a “Phase I Program 22 Supplier” of the rPGA 989 (Socket G) product and a “Phase II Program Supplier” of the LGA 23 1150, 1155, and 1156 (Socket H), 1366 (Socket B), and 2011 (Socket R) products.
24 78. Under the Joint Development Agreement, Defendants are prohibited from 25 asserting any Intellectual Property against any Program Supplier with respect to the use of any 26 such Intellectual Property in Intel Products. The Intel Background IP Patents constitute 27 Intellectual Property for purposes of the Joint Development Agreement. Lotes’ rPGA 989 and 1 LGA 1150, 1155, 1156, 1366, and 2011 products are Intel Products for purposes of the Joint 2 Development Agreement.
3 79. In addition, under the Joint Development Agreement, Defendants are 4 required to license any “Background IP” to any Phase I Program Supplier on a royalty-free basis 5 and to any Phase II Program Supplier at a commercially reasonable, non-discriminatory royalty.
EIGHTH CAUSE OF ACTION. 16 (Violation of Unfair Competition Law – Bus. & Prof. Code §§ 17200, et seq.)
EIGHTH CAUSE OF ACTION. 24 UNFAIR COMPETITION 25 (AGAINST ALL DEFENDANTS) 26 55. Plaintiff re-alleges and incorporates by reference all previous paragraphs.
EIGHTH CAUSE OF ACTION. Defendants for Violation of California Business & Professions Code §§ 17200, 5 et seq.)
