Semiconductors

Home / Industries / Semiconductors
All industries
Technology · Hardware

Semiconductor companies get counsel on protecting chip designs and process IP, managing supply chain and foundry agreements, handling export controls, and defending the high-stakes patent and trade secret disputes the industry runs on.

Chips sit under everything, and so do the legal fights over them: patent wars, trade secret claims, foundry disputes, and tightening export controls. We work with semiconductor companies across the value chain, from fabless designers to equipment and materials suppliers, on protecting your IP, structuring supply relationships, and standing up to the disputes that define this industry.

Protecting Chip IP

Semiconductor IP is dense and fiercely contested, often turning on a single process step or circuit block. Our attorneys' technical background lets us draft patents that read on real silicon and survive scrutiny. We build patent strategies for chip architectures and fabrication processes, register mask works, run IP due diligence for financings and acquisitions, and manage portfolios across the major jurisdictions where you compete.

Supply Chain And Foundry Deals

Most chip companies do not own their fabs, which makes your foundry and supplier contracts the backbone of the business. We negotiate foundry, packaging, and test agreements, lock down capacity commitments and yield terms, and protect your designs as they move through third-party manufacturing. We also paper the licensing and IP-sharing arrangements that come with joint development, so the value you create stays clearly yours.

Export Controls And Disputes

Semiconductors face some of the heaviest export scrutiny of any product, and the rules keep moving. We advise on export controls and licensing for sensitive technology and end users, and we litigate the disputes that follow chip IP everywhere, including patent infringement, trade secret misappropriation, ITC Section 337 investigations, license breach claims, and arbitration. The stakes are high, so we prepare accordingly.

Frequently asked questions

Use a layered approach: utility patents for novel circuit architectures and device structures, mask work protection under the Semiconductor Chip Protection Act for the layout itself, and trade secrets for fabrication recipes and process parameters. Process IP is frequently kept as a trade secret because it runs inside your fab and is hard for competitors to detect, while chip architecture is often patented because finished products can be reverse-engineered. The right mix depends on how easily each asset can be discovered from a sold device.

Pin down ownership of any process improvements or jointly developed IP, because foundries often want rights to advances made while running your design. Also address confidentiality of your design files, who owns test and yield data, exclusivity or capacity commitments, and what happens to your masks and tooling if the relationship ends. Without clear language, you can lose leverage over your own designs or find your process know-how flowing into a competitor's line.

Many advanced chips, design tools, and manufacturing equipment fall under the Export Administration Regulations, and some items face specific country and end-user restrictions enforced by the Bureau of Industry and Security. You need to classify your products correctly, screen customers against restricted-party lists, and confirm whether a license is required before shipping or even sharing technical data with foreign nationals. Penalties are steep, and sharing controlled design data with an overseas team can count as an export even if nothing physically leaves the country.

Preserve documents, avoid casual internal emails about the patent, and route everything through counsel to protect privilege. Early analysis usually covers non-infringement, invalidity through prior art, and whether an inter partes review at the PTAB is worth filing, which can be faster and cheaper than fighting only in district court. Given how often semiconductor disputes turn into multi-defendant or cross-border fights, your supply and customer indemnity terms also become important right away.

Our team

Attorneys for this industry

Document products

Related document products

Order attorney-drafted documents related to this industry.

Browse all products

Protecting innovation in semiconductors.

Get in touch