Beck Redden partner Alistair Dawson successfully resolved a contract dispute for client CDI Corporation, an engineering firm serving the polysilicon industry. In March of 2008, CDI entered into an agreement with Defendant GT Advanced Technologies, Inc., a polysilicon-production equipment company, to pursue business jointly in the polysilicon market. At the heart of their agreement was an exclusivity provision, which required CDI to provide the Trichlorosilane Basic Engineering Package, or the “TCS BEP”, only to GT’s clients, and required GT to sell TCS technology only to those customers who used CDI to provide the engineering.  GT eventually sold a certain type of TCS technology to customers who did not use CDI. 

CDI sued for breach in Harris County in 2011.  GTAT removed the case to the Southern District of Texas, where it argued that the type of TCS technology GT sold without involving CDI was not covered by the exclusivity provision of the parties’ agreement. While CDI’s motion for summary judgment was pending, the case settled favorably. GT Advanced Technologies was represented by Donald O. Jackson and Pierre Grosdidier of Haynes & Boone.