GSI Technology, Inc. v. United Memories, Inc.

Filing 1047

AMENDED FINAL JURY INSTRUCTION NO. 33. Signed by Judge Paul S. Grewal on November 23, 2015. (psglc1S, COURT STAFF) (Filed on 11/23/2015)

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UNITED STATES DISTRICT COURT
United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GSI TECHNOLOGY, INC.,

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Plaintiff,
v.
UNITED MEMORIES, INC., et al.,

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Defendants.
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Case No. 5:13-cv-01081-PSG
AMENDED FINAL JURY INSTRUCTION NO. 33

Case No. 5:13-cv-01081-PSG
AMENDED FINAL JURY
INSTRUCTION NO. 33

33. CONTRACT PERFORMANCE – BREACH OF CONTRACT – ELEMENTS OF
LIABILITY

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I have already found that GSI entered into a contract with UMI in which UMI agreed (1) not to
compete with GSI, directly or indirectly, for the design of a LLDRAM chip until at least April 30,
2013; (2) to protect GSI’s confidential information; and (3) that GSI would own all circuit
schematics and associated intellectual property, excluding Project Patents and intellectual property
developed prior to or independent from the contract between GSI and UMI, as “deliverables” under
the contract.

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For GSI to recover from the UMI on GSI’s claim of breach of contract, you must find either of the
following have been proved by a preponderance of the evidence:
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UMI failed to comply with its obligation not to compete with GSI, directly or indirectly, for
the design of an LLDRAM chip;
UMI failed to protect confidential information in GSI’s schematics; or

United States District Court
For the Northern District of California

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2.

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3.
UMI allowed ISSI to access and use circuit schematics and associated intellectual property
owned by GSI.

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If you find that none of these statements has been proved, then your verdict must be for UMI.

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On the other hand, if you find that one or more of these statements have been proved, then you
must consider UMI’S affirmative defenses.

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If you find that UMI proved any one or more of these affirmative defenses by a preponderance of
the evidence, then your verdict must be for UMI.

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However, if you find that none of these affirmative defenses have been proved, then your verdict
must be for GSI.

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Case No. 5:13-cv-01081-PSG
AMENDED FINAL JURY INSTRUCTION NO. 33

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SO ORDERED.

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Dated: November 23, 2015

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
For the Northern District of California

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Case No. 5:13-cv-01081-PSG
AMENDED FINAL JURY INSTRUCTION NO. 33