Short Summary
TSMC and Apple have filed a petition to institute an IPR against Marlin Semiconductor’s ’747 patent covering FET manufacturing methods. They argue the claims are anticipated or obvious over multiple prior‑art references and that discretionary denial is unwarranted.
Detailed Summary
In a petition for Inter Partes Review (IPR2025-00864) filed on April 17, 2025, Taiwan Semiconductor Manufacturing Company (TSMC) and Apple Inc. seek to have U.S. Patent No. 9,147,747 ('747 patent) instituted and its claims canceled as unpatentable. The petition identifies nine grounds, invoking §§102 and 103, based on prior‑art references Pethe, Chang, Huang, Bohr, and Hong, either singly or in combination, to anticipate or render obvious each of the nine claims covering semiconductor structures such as self‑aligned contacts, trench contacts, dual‑damascene processes, and salicide layers. The petition also argues that discretionary denial under §314(a) is inappropriate given a parallel ITC investigation, the petitioners’ high institution rate, and the lack of any other forum adjudicating the claims. Expert testimony from Dr. Jacob Baker is offered, and the petition requests that the PTAB institute the IPR.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Taiwan Semiconductor Manufacturing Company, Ltd. et al. vs Marlin Semiconductor Ltd. et al. is valuable context for structuring arguments or assessing risk in similar proceedings.
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