Semiconductor Fabrication

Dunlap Bennett & Ludwig has deep experience advising clients across the semiconductor value chain, from early-stage chip designers and materials scientists to leading foundries, integrated device manufacturers, and systems integrators.

We serve a broad range of clients, including the following:

• Fabless semiconductor companies designing logic, memory, analog, mixed-signal, radio frequency, and power management chips
• Integrated device manufacturers operating their own fabrication, assembly, and test facilities
• Semiconductor foundries and contract manufacturers providing wafer fabrication services
• Semiconductor equipment manufacturers supplying lithography, deposition, etch, metrology, and packaging tools
• Electronic design automation software and intellectual property core providers
• Semiconductor materials and specialty chemicals suppliers
• Systems companies, original equipment manufacturers (OEMs), and hyperscalers designing custom silicon for internal use

WHAT WE DO

Our team advises semiconductor clients on matters spanning the full business lifecycle, from early-stage intellectual property strategy and government incentive programs through complex licensing disputes, cross-border transactions, and export control enforcement proceedings.

Intellectual property: Patents, trademarks, trade secrets, and copyright

• Develop intellectual property strategies for fabless companies, integrated device manufacturers, and semiconductor equipment and materials suppliers
• Prepare and prosecute patent applications covering semiconductor process technology, chip architecture, memory devices, power electronics, packaging innovations, analog and mixed-signal designs, and radio frequency technology
• Conduct freedom-to-operate analyses and patent landscape assessments for new product development, process changes, and technology acquisitions
• Advise on trade secret protection strategies for process recipes, device structures, yield improvement methods, and proprietary design methodologies
• Prepare and implement intellectual property audit programs to identify and protect unpatented innovations, maintain invention disclosure systems, and manage patent maintenance decisions
• Counsel on intellectual property ownership issues in joint development agreements, equipment supplier collaborations, and university research partnerships

Patent licensing and intellectual property monetization

• Structure and negotiate patent licensing agreements, cross-licensing arrangements, and patent pools for semiconductor process and product technologies
• Counsel on patent sale, acquisition, and brokerage transactions
• Consult on intellectual property monetization strategies for companies seeking to generate licensing revenue from underutilized patent assets
• Represent clients in inter partes review, post-grant review, and ex parte reexamination proceedings before the Patent Trial and Appeal Board (PTAB)

Patent litigation 

• Represent semiconductor companies in patent infringement litigation in federal courts
• Advise on litigation strategy, venue selection, claim construction, and expert witness development for complex semiconductor patent cases
• Defend against nonpracticing entity and patent assertion entity patent infringement campaigns targeting semiconductor companies
• Handle trade secret misappropriation litigation involving misappropriated process technology, design files, and engineering know-how
• Represent clients in copyright infringement disputes involving electronic design automation tool outputs, GDSII design files, firmware, and embedded software
• Counsel on preliminary injunction strategy, International Trade Commission exclusion orders, and cross-border enforcement of semiconductor intellectual property rights

Export controls, trade compliance, and national security

• Advise on Export Administration Regulations (EAR) classification and licensing requirements for semiconductor products, equipment, materials, software, and technology
• Provide guidance on U.S. export control restrictions on advanced computing chips, semiconductor manufacturing equipment, and related technology transfers to restricted destinations and end users
• Advise on deemed export requirements for foreign national employees and contractors working with export-controlled semiconductor technology
• Review Office of Foreign Assets Control (OFAC) sanctions compliance for semiconductor sales, investments, and technology transfers involving sanctioned countries, entities, and individuals
• Prepare and submit Bureau of Industry and Security (BIS) export license applications, license exception analyses, and commodity jurisdiction requests for semiconductor products and technology
• Conduct export control compliance program audits, training programs, and technology control plan development for semiconductor companies
• Navigate Foreign Military Sales (FMS) and Direct Commercial Sales (DCS) requirements for semiconductor products used in defense applications

CHIPS Act incentives, government contracts, and federal programs

• Advise semiconductor manufacturers, equipment suppliers, and R&D organizations on CHIPS and Science Act incentive programs
• Counsel clients on CHIPS Act guardrail provisions, including restrictions on investments in foreign countries of concern, technology licensing limitations, and facility expansion restrictions 
• Review compliance with Department of Defense (DoD) Trusted Foundry program requirements, microelectronics supply chain security standards, and defense industrial base participation
• Offer advice on federal acquisition regulation (FAR) compliance, Buy American Act requirements, and domestic sourcing obligations for semiconductor products supplied to the U.S. government
• Counsel on state and local semiconductor incentive programs, economic development agreements, and infrastructure support arrangements for fab construction and expansion projects
• Advise on facility construction contracting, prevailing wage obligations, and workforce development requirements associated with federally incentivized semiconductor manufacturing projects

CFIUS review, foreign investment, and national security

• Advise acquirers and target companies on Committee on Foreign Investment in the United States (CFIUS) jurisdiction, mandatory filing obligations, and voluntary filing strategy for semiconductor transactions involving foreign investment
• Prepare and submit CFIUS declarations and notices for acquisitions of, and investments in, U.S. semiconductor companies, foundries, and technology providers
• Negotiate national security agreements, special security agreements, and proxy arrangements to mitigate CFIUS national security risk
• Evaluate outbound investment screening requirements under the Executive Order on Outbound Investment and proposed regulations affecting U.S. investments in the semiconductor, artificial intelligence, and quantum technology sectors
• Represent clients in CFIUS investigations, requests for additional information, and mitigation agreement negotiations

Mergers and acquisitions, joint ventures, licensing, and commercial transactions

• Conduct due diligence for acquisitions and divestitures of semiconductor companies, product lines, and technology assets
• Structure and negotiate joint development agreements, joint manufacturing arrangements, and technology collaboration agreements between semiconductor companies, research institutions, and government agencies
• Draft foundry supply agreements, wafer supply commitments, capacity reservation arrangements, and process development agreements between fabless companies and foundries
• Review electronic design automation software license agreements, intellectual property core licensing arrangements, and technology access programs for chip design ecosystems
• Counsel on semiconductor distribution agreements, value-added reseller arrangements, and channel partner programs for semiconductor products