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Duane Morris Crafts Strong Offense for Taiwan Semiconductor Manufacturing Company in IP Litigation Defense
Luchak, Fitzpatrick and Allegretti preempt a threatened lawsuit to protect our client and our client's customers
When the world's first and largest semiconductor foundry, Taiwan Semiconductor Manufacturing Company, Ltd. (TSMC), unexpectedly faced a potential patent infringement lawsuit from a well-known licensing company, TSMC had to protect its business. The licensing company claimed that TSMC had infringed upon its process patents. Not only did the company threaten suit, it also began contacting TSMC's customers directly to demand royalties. In a similar claim against the Gillette Company, the licensing company had won a $10 million patent infringement decision. TSMC needed an aggressive defense for itself and its customers against such tactics, and called upon Duane Morris.
The Duane Morris team, led by Frank Luchak, Anthony Fitzpatrick and D. Dennis Allegretti, worked hand-in-glove with TSMC and pursued a forceful legal strategy. Rather than wait for the licensing company to file a patent infringement lawsuit against TSMC, Duane Morris filed suit first, seeking a declaratory judgment of non-infringement, invalidity and unenforceability of the licensing company's patents, and also seeking damages for interfering with TSMC's contractual relationships. The lawsuit clearly indicated that TSMC would vigorously defend itself and its customers against accusations of patent infringement.
No other company threatened by the licensing company had taken this bold approach. Shortly after Duane Morris filed the lawsuit, the licensing company initiated settlement negotiations that eventually led to a resolution.
"In the increasingly litigious high technology industry, IP litigation has become as ubiquitous as R&D," said Dr. Richard L. Thurston, Vice President and General Counsel of TSMC. "Duane Morris is more than our lead counsel, Duane Morris is our trusted advisor."