Standard Microsystems Corp. v. Winbond Elec. Corp., No. H033266

In plaintiff's suit against a Taiwanese corporation and an Israeli corporation claiming that they misappropriated the design of a microchip used in manufacturing personal computers, trial court's entry of default judgment against defendants is reversed where: 1) undisputed facts plainly establish defendants' attorney's fault necessary to trigger a right to mandatory relief; 2) plaintiff's argument that relief was barred by Code of Civ. Proc. section 1008, which restricts motions for reconsideration and renewals of previously denied motions, is rejected; and 3) to the extent a literal application of section 1008 might conflict with the provisions of section 473(b), the latter must prevail.     

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Appellate Information

Filed November 24, 2009

Judges

Opinion by Judge Rushing

Counsel
For Appellant:  Reed Smith, Paul D. Fogel, Raymond A. Cardozo, Finnegan, Henderson, Farabow, Garrett & Dunner, Robert F. McCauley, Steven H. Morrissett, Elisabeth J. Barek, Wendy A. Herby

For Appellee:   Dechert, Chris Scott Graham