In a Managing Intellectual Property article, IP litigation partner Andrew Radsch examined semiconductor industry changes impacting IP.
Andrew explains that the CHIPS and Science Act passed by the U.S. Congress in July 2022 to increase semiconductor R&D and manufacturing in the U.S. may boost IP litigation. He notes there will be a larger damages base available to patent holders if microchip production rises. That increased production could drive more International Trade Commission complaints by making it easier for firms to meet domestic industry requirements.
The CHIPS Act could also make semiconductor trade secret protection more important. Andrew said that funding from the law could lead to more innovative start-up firms that can increase employee mobility and the possibility of trade secret leaks.
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