Richtek USA v. uPI Semiconductor Corp.Annotate this Case
Appellants in this case were Richtek Technology Corporation, a Taiwan corporation, and Richtek USA, Inc., its California subsidiary. Respondents were James Chang, H.P. Huang and J.C. Chen, Taiwan residents and former employees of Richtek Technology, and uPI Semiconductor Corporation, a California company they formed. Appellants sued Respondents for trade secret misappropriation. uPI, Chang and Huang filed a demurrer on the ground that Appellants’ claims were time-barred under Taiwan’s statute of limitations for trade secret misappropriation claims. Huang, Chang and Chen also filed a motion to dismiss based on a forum selection clause in their employment agreements mandating a Taiwanese forum for Richtek Technology’s trade secret claims. The trial court sustained the demurrer and granted Chen’s motion to dismiss. The Court of Appeals (1) reversed the order sustaining the demurrer to the complaint, holding that the trial court erred by using previous complaints filed in Taiwan to conclude that Appellants had knowledge of the misappropriation at issue in this lawsuit and the identity of the parties liable for damages; and (2) affirmed the order granting Chen’s motion to dismiss, holding that the forum selection clause in the employment agreement between Chen and Richtek Technology was mandatory.