Untitled case

The patent infringement lawsuit, Advanced Integrated Circuit Process LLC v. TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LIMITED, case number 2:25-cv-00324, was filed on April 1, 2025, in the U.S. District Court for the Eastern District of Texas, Marshall Division. The plaintiff, Advanced Integrated Circuit Process LLC (AICP), is a patent assertion entity (PAE), also referred to as a non-practicing entity (NPE), formed in Texas on June 12, 2024, with AMTL LLC identified as its managing member and sole owner. AICP acquired the asserted patents from Winbond Electronics (Nuvoton Technology Corporation Japan) in July 2024, with the original development work conducted at Panasonic. The defendant, Taiwan Semiconductor Manufacturing Company Limited (TSMC), is a major global operating company that provides foundry services for manufacturing semiconductor wafers. The case is presided over by District Judge Rodney Gilstrap.

AICP alleges that TSMC infringes four of its patents: U.S. Patent No. 7,439,623 (the "'623 Patent"), U.S. Patent No. 7,632,751 (the "'751 Patent"), U.S. Patent No. 8,329,572 (the "'572 Patent"), and U.S. Patent No. 8,884,373 (the "'373 Patent). These patents are broadly directed to methods of manufacturing semiconductors or the structures thereof. The accused products are semiconductor devices, including certain Apple, Broadcom, and Qualcomm chips, manufactured by TSMC using various process nodes, particularly those utilizing FinFET technology.

This litigation is part of a broader pattern of patent assertions by AICP. The company filed its first lawsuit against TSMC in August 2024, asserting seven other patents, and also sued United Microelectronics Corporation (UMC) in September 2024, asserting the same seven patents. The case's procedural posture includes a motion to dismiss filed by TSMC concerning AICP's claims of willful, induced, and contributory infringement, which Judge Gilstrap granted in part on March 10, 2026, dismissing pre-suit willful and induced infringement claims as to one of the asserted patents. TSMC has also filed petitions for inter partes review (IPR) against several of the patents asserted by AICP, including IPR2025-00830 related to one of the patents. The filing of IPRs by TSMC suggests a strategy to challenge the validity of the patents in parallel proceedings at the Patent Trial and Appeal Board (PTAB). The Eastern District of Texas is a well-known venue for patent litigation, often chosen by plaintiffs for its expedited dockets and perceived plaintiff-friendly environment. The case is notable due to the involvement of a major semiconductor manufacturer, the assertion of a portfolio of patents originating from Panasonic, and the ongoing parallel challenges at the PTAB.

Advanced Integrated Circuit Process LLC (AICP) filed a patent infringement lawsuit against Taiwan Semiconductor Manufacturing Company Limited (TSMC) on April 1, 2025, in the U.S. District Court for the Eastern District of Texas. The case, 2:25-cv-00324, involves four patents: U.S. Patent Nos. 7,439,623, 7,632,751, 8,329,572, and 8,884,373.

Key Legal Developments:

• Filing & Initial Pleadings (2025): AICP filed its complaint on April 1, 2025. At least as of July 28, 2025, TSMC had not yet answered AICP's complaint, as TSMC's motions to dismiss and transfer were still pending.
• Pre-trial Motions of Substance:
  • Motion to Dismiss (Pre-suit Willful and Induced Infringement) (2026-03-10): Judge Gilstrap granted in part TSMC's motion to dismiss, dismissing pre-suit willful and induced infringement claims as to one of the asserted patents on March 10, 2026.
  • Motion to Stay Pending IPR (2025-07-28): On July 28, 2025, TSMC filed a motion to stay the litigation pending the outcome of inter partes review (IPR) proceedings for all four asserted patents. TSMC argued that the IPRs would simplify the case by narrowing the number of asserted patents, claims, prior art references, and claim construction issues. At the time of the motion, the Patent Trial and Appeal Board (PTAB) had not yet instituted review for any of the asserted patents. The court has a consistent practice of denying motions to stay when the PTAB has not yet instituted post-grant proceedings.
  • Motion for Leave to Conduct Venue Discovery: The Court granted AICP's motion for leave to conduct targeted venue discovery. This discovery was to consist of three interrogatories, two requests for production, and three hours of 30(b)(6) deposition testimony from two witnesses, to be completed within 60 days of the order.
• Claim Construction (Markman): A Markman hearing was initially scheduled for May 14, 2026. However, this Markman hearing was later cancelled by District Judge Rodney Gilstrap on April 28, 2026.
• Discovery Milestones: As of July 28, 2025, fact discovery was set to close on June 29, 2026, and expert discovery was set to end on August 3, 2026.
• Trial Events: A trial start date was set for November 16, 2026, as of July 28, 2025.
• Parallel PTAB IPR Proceedings: TSMC has filed multiple IPR petitions against the patents asserted by AICP. This includes IPR2025-00830 related to one of the patents. TSMC also filed IPRs challenging the '686 and '425 patents from AICP's first lawsuit against TSMC. The filing of these IPRs occurred shortly after AICP's second complaint was filed. TSMC has argued that these IPRs are appropriate due to national security and policy interests related to semiconductor technology, settled expectations of TSMC and its customers, and alleged errors by the examiner in issuing at least one patent (the '425 patent). TSMC emphasized that AICP acquired the '425 patent only two days before asserting it, undermining any claim of "settled expectations" by AICP.

The plaintiff, Advanced Integrated Circuit Process LLC (AICP), is represented by attorneys from Rabicoff Law and Miller Fair Henry PLLC, as well as Susman Godfrey LLP.

Here's a breakdown of the counsel of record for AICP:

Rabicoff Law

• Isaac Rabicoff (Lead Counsel)
  • Firm: Rabicoff Law (Chicago, IL; registered in Illinois and admitted to practice in the Eastern District of Texas)
  • Experience: Founder of Rabicoff Law, which was among Lex Machina's top 3 law firms in 2017 for most active patent litigation. He has led licensing campaigns against major technology companies and has successfully defeated institution of numerous inter partes reviews (IPRs) and covered business method (CBM) petitions. He is known as a "serial filer of patent lawsuits" and has served as lead counsel in numerous patent cases.

Miller Fair Henry PLLC (formerly Ward, Smith & Hill, PLLC)

• Andrea Leigh Fair (Lead Counsel)
  • Firm: Miller Fair Henry PLLC (Longview, TX)
  • Experience: Recognized for excellence in intellectual property litigation and has secured significant jury verdicts in patent infringement cases, including an $847 million result against Verizon and a $121.95 million jury verdict against Amazon.
• Claire Abernathy Henry (Lead Counsel)
  • Firm: Miller Fair Henry PLLC (Longview, TX)
  • Experience: Represents plaintiffs and defendants in high-stakes patent litigation matters in the Eastern and Western Districts of Texas, as well as complex commercial disputes.
• J. Wesley Hill (Local Counsel/Of Counsel)
  • Firm: J. Wesley Hill, P.C. (Tyler, TX). Formerly a name partner at Ward, Smith & Hill, PLLC.
  • Experience: An experienced Eastern District of Texas trial lawyer in patent infringement and intellectual property, with over 20 years of practice in the Eastern District of Texas. He has been counsel of record in over 1100 cases in Texas state and federal courts and has participated in more than 30 trials to verdict. Effective October 1, 2024, he ended his full-time trial practice to focus on mediations and select trial consulting.
• Johnny Ward (Of Counsel)
  • Firm: Miller Fair Henry PLLC (Longview, TX). Formerly a founding partner of Ward, Smith & Hill, PLLC.
  • Experience: Recognized for intellectual property litigation expertise, focusing on patent and complex commercial cases. Effective October 1, 2024, he ended his full-time trial practice to focus on mediations and select trial consulting.

Susman Godfrey LLP

• Justin Adatto Nelson (Lead Counsel)
  • Firm: Susman Godfrey LLP (Houston, TX)
• Ian M. Gore (Lead Counsel)
  • Firm: Susman Godfrey LLP
• Ravi Paul Singh Bhalla (Lead Counsel)
  • Firm: Susman Godfrey LLP
• Kalpana Srinivasan (Lead Counsel)
  • Firm: Susman Godfrey LLP (Los Angeles, CA)
• Kemper P. Diehl (Lead Counsel)
  • Firm: Susman Godfrey LLP
• Bianca Rey (Lead Counsel)
  • Firm: Susman Godfrey LLP
• Stuart Eric Pollack (Lead Counsel)
  • Firm: Susman Godfrey LLP
• Andrew Jamal Nassar (Lead Counsel)
  • Firm: Susman Godfrey LLP

It's important to note that while the provided case summary mentions only patent 7439623, the more detailed background and legal developments indicate that four patents are at issue in this case: U.S. Patent Nos. 7,439,623, 7,632,751, 8,329,572, and 8,884,373. Additionally, while the initial prompt for this task referred to the case as "Untitled case," the case overview & background section correctly identifies the caption as Advanced Integrated Circuit Process LLC v. TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY LIMITED.

Taiwan Semiconductor Manufacturing Company Limited (TSMC) is represented by attorneys from Fish & Richardson P.C. and Sidley Austin LLP. TSMC also employs in-house counsel for patent litigation matters.

Here's a breakdown of the counsel of record for TSMC:

Fish & Richardson P.C.

• Ruffin Cordell (Lead Counsel)
  • Firm: Fish & Richardson P.C. (Washington, D.C. office implied by extensive ITC experience)
  • Experience: Lead counsel in patent and trade secret litigation for over three decades, with extensive experience in ITC cases and district court trials, including in the Eastern District of Texas.
• Christian Chu (Lead Counsel)
  • Firm: Fish & Richardson P.C. (San Diego, CA, or Washington D.C.)
  • Experience: Focuses on intellectual property, licensing, arbitration, and litigation across various technical areas, including semiconductors. Represented TSMC in lawsuits against GlobalFoundries that settled favorably.
• Neil J. McNabnay (Lead Counsel)
  • Firm: Fish & Richardson P.C. (Dallas, TX)
  • Experience: Emphasizes patent litigation for diverse industries including semiconductors. Substantial experience as defense counsel in large-scale patent litigation, including a significant settlement for Texas Instruments in a semiconductor patent case in the E.D. Tex.

Sidley Austin LLP

• Tung T. Nguyen (Lead Counsel)
  • Firm: Sidley Austin LLP (Palo Alto, CA, or San Francisco, CA)
  • Experience: Over 25 years of experience in intellectual property law, focusing on complex patent and trade secret litigation, as well as licensing and counseling, across a wide range of technologies including semiconductors and microprocessors.
• Samuel N. Tiu (Lead Counsel)
  • Firm: Sidley Austin LLP (San Francisco, CA)
  • Experience: Skilled IP litigator in patents and trade secrets across various technologies, including industrial and chemical processes, solar and laser technologies, nanotechnology, medical devices, pharmaceuticals, biotechnology, computer animation and graphics, video and data transmission, network technology, and video display technology. Admitted to practice before the U.S. Patent and Trademark Office.
• Michael Cumming (Role unclear, likely supporting counsel)
  • Firm: Sidley Austin LLP (Dallas, TX)
  • Experience: Focuses on consumer financial services and bank regulatory matters, with experience defending clients in enforcement investigations and supervisory examinations. While his direct patent litigation experience isn't highlighted, he may be involved in broader legal strategy or local support.

In-House Counsel (TSMC)

• Billie Chen (Associate General Counsel and Chief IP Counsel)
  • Firm: Taiwan Semiconductor Manufacturing Corporation (TSMC) (In-house)
  • Experience: In charge of all patent IP-related functions, including leading global patent strategy, patent portfolio establishment, and directing offensive and defensive strategies for patent disputes and litigation. Has led TSMC's IP team to win several patent litigations and maintain high institution rates for IPRs.
• Michael Shen (Director, Chief Counsel - Patent Litigation)
  • Firm: Taiwan Semiconductor Manufacturing Corporation (TSMC) (In-house)
  • Experience: Specializes in patent litigation. Prior to TSMC, he was an IP Litigation Partner at Haynes and Boone, LLP and Kenyon & Kenyon LLP. TSMC actively seeks Senior Patent Litigation Attorneys to manage litigation matters and collaborate with external counsel.