Podcast
The Semi Interesting Podcast with Nathaniel Lucek and Elizabeth Morris
Hosted by semiinterestingpodcast · EN
Looking for a way to stay on-top of the latest developments in the global semiconductor industry? Look no further than “The Semi Interesting Podcast.” Hodgson Russ LLP partner Nathaniel Lucek and Pure Storage’s Legal Director of IP & Product Elizabeth Morris will break down the latest legal issues facing the industry, with a particular focus on intellectual property and commercial contract issues. To Nathaniel and Elizabeth, the semiconductor industry is more than “semi interesting” – it’s exciting. In terms of revenue, money spent on research and development, and the global workforce, the industry is huge. Yet as we all know, most industries are actually quite small. The semiconductor industry is no different. Nathaniel and Elizabeth offer a unique perspective on some of the issues facing the industry, both having in-house experience at semiconductor capital equipment or chip manufacturers. In each episode, Nathaniel and Elizabeth will be joined by attorneys and executives to highlight some of the issues facing the industry, as well as offer some practical takeaways. Join Nathaniel Lucek and Elizabeth Morris for “The Semi Interesting Podcast.”
*This podcast does not offer legal advice.
*This podcast does not offer legal advice.
10episodes
Episodes
Newest firstAll episodes
Closing Funding Gaps for STEM Students: Last Mile Education Fund
2w ago00:27:57Tap to summarizeMuch of a company’s innovation is based on its talent. If you look at recent news, the semiconductor industry needs more talented people. But life disruptions can derail a promising student from being an engineer, scientist, or technician in the semiconductor industry. Scholarships won’t cover things like needing new tires for your car, covering the cost of a funeral of a family member, or other emergencies. A huge percentage of promising students can’t absorb costs like that, which puts a dream of working in the industry out of reach. It also removes that individual’s future innovation contribution from the future talent pool. Elizabeth and Nathaniel were joined by Ruthe Farmer, Founder and CEO at Last Mile Education Fund, which closes critical gaps in funding and career support for financially vulnerable college students who are in the “last mile” to graduation in high-demand STEM fields. An alumnus of the fund, Aburva GS, also shared her personal experiences about how the fund kept her on track to graduation and enabled her to stay in the semiconductor industry.
Transcribe →Unified Patents – Fighting NPEs in the Semiconductor Sector
May 2100:32:03Tap to summarizeApproximately 86% of high-tech IP litigation involves a non-practicing entity. Unfortunately, challenging the NPEs forces companies to make a decision: why should my company pay the costs of a challenge when my competitors benefit? Enter Unified Patents, which helps members deter invalid or unsubstantiated patent assertions. Elizabeth and Nathaniel were joined by Sasha Sokhis from Unified Patents to learn more about the Unified Patents organization, how it helps members, and recent trends in IP disputes. Sasha also discussed their patent reexamination and licensing strategies.
Transcribe →Differences in US and European Patent Law: Obviousness and Intermediate Generalization
Mar 1900:25:30Tap to summarizeThe United States is one of the largest non-European filers at the European Patent Office, with around a quarter of its total applications in 2024. That means semiconductor companies need to consider European patent rules and procedures as part of their filing strategy. On this episode, Elizabeth and Nathaniel were joined by Phil Sanger from Grey Wolf IP in the United Kingdom to learn about some issues in European patent practice that come up when trying to coordinate prosecution from the US. First, they discussed the standard for obviousness, including the number of references that can be cited in Europe, starting from the closest prior art reference, and the importance of technical effects. Then they discussed Europe’s (dreaded) intermediate generalization and strategies to avoid adding undesired features in a claim amendment. Drafting the specification in a way that the desired feature is optional or is not necessarily only linked to other features can help in this situation, but that requires activity well before the patent application is filed in Europe.
Transcribe →The Unitary Patent System: A Two-Year Review
Feb 500:31:30Tap to summarizeCompanies from across tech industries have been carefully watching Europe’s Unitary Patent system since its 2023 launch. A Unitary Patent offers simplicity and reduces the administrative burden for applicants. You manage one patent, pay one renewal fee, and have one legal system to deal with. You also can obtain a single injunction across 18 European countries. However, there is a risk. A competitor can invalidate your Unitary Patent in a single action. Now that we have nearly 22,500 patents requested and over 940 cases already filed in court, Elizabeth and Nathaniel were joined by Paul Keane and David Keane, both European patent attorneys at FRKelly in Ireland, to understand recent trends and potential strategies to implement the Unitary Patent system in a company’s global patent portfolio.
Transcribe →Fighting the Slowdown at the USPTO
Nov 300:37:01Tap to summarizeThings at the USPTO are slowing down. Patent pendency, or the time from filing a patent application to substantive examination, is increasing based on the USPTO’s own statistics. The USPTO has reduced its staff, including the elimination of an entire regional office. The USPTO is also eliminating telework, which many patent practitioners fear will further reduce headcount and lead to further delays. As delays increase, what can patent owners do to efficiently pursue patent protection on next-generation technology? Nathaniel and Elizabeth welcomed John DiMaio, a patent attorney at Hodgson Russ, back for another episode to discuss the USPTO programs that are still available. John explained the process and benefits of Patent Prosecution Highway, petitions to make special, and Track One.
Transcribe →Everything You Wanted to Know on Opinions for IP Litigation
Sep 2500:44:30Tap to summarizeThe threat of an infringement lawsuit is never far from the mind of an in-house attorney in the semiconductor industry. After all, companies in the semiconductor industry are known for extensive patent portfolios. Recent plaintiff demands and verdicts have been huge. Enhanced damages for willful infringement (i.e., treble damages and attorney fees) are enough to bankrupt some. Opinion letters from counsel are allegedly the cure for these risks, but they won’t automatically save you. Opinion letters need to be soundly written and management needs to be comfortable with the conclusions. Nathaniel and Elizabeth were joined by Scott Alter and John Trembath to talk about opinion letters. Scott and John also discussed IPRs and how they can be used effectively in litigation.
Transcribe →Protecting Consumables with Design Protection in Europe
Jul 1700:38:01Tap to summarizeSpares and consumables are a huge part of the price for any piece of semiconductor capital equipment. They can also be difficult to protect. Knock-offs are common, which reduces revenue for tool manufacturers and potentially causes reliability problems. Michaël De Vroey from European law firm Simont Braun joined Nathaniel Lucek and Elizabeth Morris to share the European perspective on design protection for consumable parts. Manufacturers can protect consumables in Europe with design rights. Michaël discussed the factors that are examined, including the impact of functionality on a consumable’s shape, the visibility requirement, and how a consumable is integrated into a tool. Michaël also discussed the enforcement of design rights in Europe and the “repair clause” in the new EU Design Regulation and Directive.
Transcribe →The “Other” CHIPS Act: Exploring the European Chips Act
May 29, 202500:32:38Tap to summarizeThere has been a lot of press about the 2022 CHIPS and Science Act, which was designed to revitalize the US semiconductor industry. Not surprisingly, other parts of the world also want to fund domestic semiconductor production. Demonstrating that global objective, we learn more about the European Chips Act on this episode. Europe recognized the strategic importance of the semiconductor industry and its supply chain resilience. Elizabeth and Nathaniel spoke with Aida Kaloci from Cresco, a Belgian-based business law firm, to learn more about how the EU version differs from the US version. Aida explained how funds are mobilized, the impact on environmental reviews, and how state aid can be used for production facilities. Aida also shared European IP strategies for protecting chip designs.
Transcribe →Standing Together Against Patent Assertion Entities: LOT Network
Apr 10, 202500:40:52Tap to summarizePatent Assertion Entities (PAEs), or patent trolls, seem to be lurking everywhere. The semiconductor industry is not immune from their threats. Yet the semiconductor industry also helps fuel their threat through patent transfers. Patents from companies both big and small end up in the hands of PAES, which perpetuates the problem across industries. Enter LOT Network, a group that helps its members gain immunity from PAE threats when a PAE acquires a patent from a member. In this episode, Elizabeth and Nathaniel learned about how LOT Network is growing in the semiconductor space from Lew Zaretzki at LOT Network and Sam Wiley at Ocean Tomo. Elizabeth also shared her perspective as a member of LOT Network.
Transcribe →AI’s Impact on Trade Secrets
Mar 27, 202500:27:27Tap to summarizeThere have been countless articles about how trade secrets can lose protection if they are used to train artificial intelligence. But what about some of the other impacts that AI may have on trade secrets as AI becomes more prevalent. For example, what happens to the value of your trade secret if AI can approximate it? Trade secrets must derive value from their secrecy, so this means a trade secret may be less valuable, right? The value of a trade secret can be affected by other particulars like marketing, but can that save your IP protection? Nathaniel Lucek and Elizabeth Morris were joined by Steven Balcof to explore these and other impacts on trade secrets (with some delicious baking examples).
Transcribe →