Semiconductors

Semiconductor companies in all stages of development turn to Foley for our comprehensive services, including transactional, regulatory, international trade, intellectual property, and litigation advice. Several of our team members have worked in the semiconductor industry, in both hardware and software companies, start-ups and mature companies, in research, design, manufacturing, legal and other capacities.

Our patent prosecution and IP litigation practices have been providing advice for decades to companies throughout the semiconductor ecosystem. Our group of 60 attorneys and patent agents is among the largest in the nation, offering counseling and patent prosecution services to semiconductor companies. 

For over 20 years, our technology practice group members have advised semiconductor companies on business-critical transactions, including M&A transactions, public offerings, corporate venture, licensing arrangements, and other strategic transactions for public and non-public companies. Foley’s Committee on Foreign Investment in the United States (CFIUS) team has advised companies across multiple industry sectors and geographic jurisdictions on how to navigate proceedings and compliance with agreements.

Our multi-disciplinary supply chain team advises clients across industries on supply chain issues, including with respect to semiconductor supply chain issues in the automotive, technology and healthcare industries.   

Representative Experience

Intellectual Property Experience

• Providing portfolio development and management for global leaders in the design, development, and supply of semiconductor products.  As primary providers of patent portfolio development and management services for several companies, we have provided extensive patent counseling which has helped shape their business and strategic growth.
• Managing the entire worldwide portfolio of trademarks, including registrations/applications in over 65 countries, for a global distributor of semiconductors and electronic components.  We have also assisted our client in all aspects of intellectual property, including prosecution, strategic brand enforcement, and counseling, as well as enforcement and protection efforts.
• Representation of semiconductor industry clients in defense of actions brought by NPEs.
• Pre-litigation patent advice to a large publicly traded foundry.
• Representation of a global fabless provider of semiconductor-based power electronic solutions in licensing matters.

Corporate Experience

• Representation of a Nasdaq-listed foundry with respect to an underwritten public offering of common stock and at-the-market offering of common stock.
• Representation of a company focused on AI solutions for computer vision applications, in its sale to Lattice Semiconductor.
• Representation of a global technology leader in embedded video analytics, providing single-chip, multi-channel video, and fusion analytics solutions, in its sale to a provider of a leading Internet of Things platform for Smart Cities.
• Representation of a large Nasdaq-listed semiconductor company, in two acquisitions.
• Representation of a Nasdaq listed semiconductor company in a proxy fight with a hedge fund activist.
• Representation of a semiconductor design company, in its sale to a large Indian conglomerate.
• Representation of a Nasdaq listed semiconductor company focused on the auto industry with respect to various strategic transactions. 
• Representation of private equity funds in the carve-out acquisition of the semiconductor products group of a large public company.
• Representation of an emerging growth fabless semiconductor company, in the sale to a competitor.
• Representation of a private equity fund in the carve-out acquisition of the worldwide semiconductor assets of a division of a large semiconductor equipment company.
• Representation of a publicly traded FPGA company with respect to numerous strategic matters, including corporate venture and M&A transactions.
• Supply chain and commercial contract counseling for a leading global memory and storage semiconductor company.
• Representation of several semiconductor companies with respect to corporate venture investments.

CFIUS and International Experience

• Counseling a U.S. telecommunications satellite manufacturer on the potential application of CFIUS critical technology requirements related to foreign investments from Middle East sovereign wealth funds and the potential transfer of semiconductor technology to Middle East countries.
• Counseling a semiconductor mask manufacturer, on the application of the Foreign Direct Product Rule and other U.S. export controls restricting the transfer of semiconductor technology to China.
• Representation of a Hong Kong venture capital firm and family office in a CFIUS national security investigation involving its investment in a photonics chipset developer.
• Representation of a German corporation in CFIUS and DDTC proceedings involving its acquisition of a U.S. company that develops human-machine interface (HMI) equipment and technologies for commercial and defense applications.
• Internal investigation for the audit committee of a global semiconductor company regarding potential internal control and financial reporting violations due to misappropriations of company funds by an officer of an Asian subsidiary.

Litigation Experience

• Representation of a leading global memory and storage semiconductor company in breach of contract and business tort litigation seeking hundreds of millions of dollars in damages.
• Representation of an electrical equipment manufacturer in breach of contract action involving supply of super junction metal oxide semiconductor field-effect transistors.