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A Study on the Issues of Inducing Patent Infringement in Relation to Taiwan Semiconductor Assembly and Test Services under U S Laws

  • Hsu, Jung-Lieh
FirstTech Institutional Repository


[[abstract]]Taiwan-based Semiconductor Assembly and Test Services (SATS) whose main customers are Integrated Device Manufacturers (IDMs) and Fabless IC designers have the supply relationship with their customers that is similar to the relationship between the Taiwan-based LCD module manufacturer CPT one of the defendants in the case Honeywell Intern Inc v Acer America Corp in 2009 and its customers–the LCD monitor brand In this case the defendant CPT was asserted liable for inducing patent infringement because it sold potentially infringing modules to non-U S companies with knowledge that those modules would be incorporated into LCD monitor sold in the U S eventually the District Court agreed with Plaintiff's legal theory and granted its motion to compel the Discovery Analogously though Taiwan-based SATS may not be liable for direct infringement because their service mainly occurs outside the U S there could be need to discuss the possibility that they would be liable for inducement due to the direct patent infringement of the electronics product brands - customers of their direct customers Study within this thesis firstly found the issues of patent infringement liability that Taiwan-based SATS may highly possibly be asserted shall be narrowed-down to the liability under U S Patent Law section 271(b) the inducement the benefit of this study could therefore be affirmed Following that this study summed up cases of inducing infringement under U S Laws and relevant papers to conclude the rules of requirements of both subjective mind state and objective action under section 271(b) which constituting the guideline of analyzing these issues At last this study rendered some forecast on these issues and recommendations on the corresponding arguments that Taiwan-based SATS may rise

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