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INTERNATIONAL BUS. MACHS. CORP. v. GLOBALFOUNDRIES US INC.

Index No. 653625/21. Appeal No. 15677. Case No. 2021-03776.

204 A.D.3d 441 (2022)

167 N.Y.S.3d 13

2022 NY Slip Op 02341

International Business Machines Corporation, Appellant, v. GlobalFoundries US Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2022.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Robert A. Atkins, of counsel) for appellant.

Weil, Gotshal & Manges LLP, New York (David J. Lender, of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.

From 2013 to June 2015, plaintiff International Business Machines Corporation (IBM) and defendant GlobalFoundries US Inc. engaged in discussions concerning a collaborative venture whereby IBM would transfer its microelectronics business, including technology, engineers, and employees, to GlobalFoundries, along with $1.5 billion, and GlobalFoundries would develop and manufacture IBM's high performance semiconductor chips (HP chips) used in high performance computer servers...

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