Asante Technologies Inc. Versus Pmc Sierra Inc.

Asante Technologies Inc. Versus PMC-Sierra Inc.

WHICH LAWS DO APPLY TO THE CONTRACT BETWEEN TWO PARTIES?

PATRICK KEIJMAN THIJS LUIJF NICK POL JOSEPH TUGBAY-KARGBO

Content

 Plaintiff

 Defendant

 Definition of CISG  Problem  Conclusion  Golden Sentence

Plaintiff

 Asante Technologies Inc.

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Primary place of business in Santa Clara County, California Produces network switches used to connect multiple computers to one another and the internet. Purchases application-specific integrated circuits (“ASICs”), the control centre of the network switch, from defendant Products purchased through Unique Technologies, an authorized distributor of defendant’s products in NorthAmerica

Defendant

 PMC-Sierra Inc.

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Headquarter is located in Burnaby, British Columbia, Canada, but also maintains an office in Portland, Oregon. Products are sold through Unique Technologies, located in California, USA.

Definition of CISG

 CISG:

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United Nations Convention on “Contracts for the International Sale of Goods The CISG is an international treaty which has been signed and ratified by the United States and Canada (among several other countries), for the purpose of establishing “substantive provisions of law to govern the formation of international sales contracts and the rights and obligations of the buyer and seller”. The CISG applies “to contracts of sale of goods between parties whose places of business are in different States”. Article 10 of the CISG provides that “if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance”.

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Problem

 Plaintiff purchases items from Defendant , items do not meet  

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certain specifications. Plaintiff filed the action at the Superior State Court of California. Defendant removed the action to this court and went to the Federal Court. Plaintiff felt that the Federal Court did not...