In this appeal, we consider: (i) whether the confidentiality provision in a Patent Portfolio Agreement (PPA) between QUALCOMM Incorporated and Texas Instruments Incorporated (TI) is a material term of that agreement; and (ii) whether TI breached the PPA's covenant not to sue. The Court of Chancery held that, as a matter of New York law, the confidentiality provision is not material because the "root" of the...
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