Patent Litigation Matters

TSMC North America v. Semiconductor Manufacturing International Corporation

Mr. Caine represented SMIC, the largest semiconductor manufacturer in the People's Republic of China, in a lawsuit brought by TSMC alleging the breach of a settlement agreement and trade secret misappropriation. SMIC filed counterclaims for breach of contract and trade secret misappropriation. Mr. Caine served as the lead associate on the case, which included scores of depositions, two motions for preliminary injunction, a bench trial and a jury trial. In addition to managing the case, he took and defended numerous fact and expert depositions, worked with all of SMIC's technical experts, prepared and argued motions and examined witnesses at hearings and trial. The case settled during trial.

Mr. Carmack also represented SMIC in this lawsuit, one of the most highly publicized trade secret actions in recent years. The hard-fought case centered on semiconductor fabrication technology and involved many novel issues surrounding foreign litigants, including the extraterritorial effect of U.S. intellectual property laws. Mr. Carmack authored or co-authored more than 70 briefs touching on every aspect of the litigation. His involvement in the case also included discovery management, taking and defending numerous depositions, arguing motions and witness examination at trial.

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Other Representative Patent Litigation Matters:

• Foam Footwear
• Non-Shellfish Derived Glucosamine and Products Containing Same
• MediaTek, et al. adv. Sanyo (C.D. California, 2005-2007).
• SanDisk Corporation adv. Samsung Electronics Co., Ltd.
• Semiconductor Chips with Minimized Chip Package Size and Products Containing Same
• CD-ROM Controllers and Products Containing Same II, ITC Inv. No. 337-TA-409 (1998-2001).
• Just Toys, Inc. adv. OddzOn Products, Inc.
• Conner Peripherals, Inc. adv. International Business Machines Corp.
• Actuate Corporation v. Oracle USA, Inc.
• Sanyo Corp. v. MediaTek Inc.
• SanDisk Corp. v. STMicroelectronics, Inc.
• Amkor Technology Cases
• Illumina, Inc. v. Affymetrix, Inc.