License Defense in Multifront Dispute Comes into Partial Focus
- March 11, 2023
Category: Patent Litigation FeatureMarket Sector: Semiconductors
Late last year, TSMC (1:22-cv-01647) filed a declaratory judgment action against Daedalus Prime LLC in the District of Delaware. The suit came in partial response to the complaints that Daedalus Prime had filed against TSMC, together with Samsung, both in September 2022, one before the Eastern District of Texas (now stayed) and another before the International Trade Commission (ITC) (now in claim construction). TSMC’s Delaware complaint was filed under seal, a redacted version of which, together with a responsive motion to dismiss from Daedalus Prime, reveals at least some of the contours of the license defense that TSMC is mounting, including what appears to be the linchpin: whether the assignment of the patents that Daedalus Prime has asserted against TSMC was effective in April 2021, before the date of a key agreement between Intel and TSMC, or thereafter, in June 2022.