The Semi Interesting Podcast with Nathaniel Lucek and Elizabeth Morris

There 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?  ...

Thanks to the CHIPS Act and other global pressures, there is a surge of new semiconductor fabrication plants popping up across the United States. While that’s encouraging news for the industry, it also presents some challenges for human resources departments. Aside from simply filling the available jobs, teams are also faced with numerous other challenges once the hiring bonanza at a new facility begins.

Nathaniel and Elizabeth are...

Regardless of the type of business or industry, employers understand that employees may encounter confidential information that should be handled carefully. That is especially true when trade secrets are involved, in which case, protecting sensitive and confidential information is of paramount importance.

It’s easy to label something as confidential, but in order to successfully uphold that designation, employers must have a stro...

We’ve made great strides increasing diversity in innovation. This is essential to a company’s success.  Yet, some groups as still underrepresented in the intellectual property process. That’s where the Diversity Pledge comes in. The Diversity Pledge helps companies better understand their strengths and weaknesses as they try to improve their statistics through best practices. The companies also share their progress, which helps ref...

Australia is a big country (a continent, in fact), but it’s position in the global semiconductor market is not nearly as large.  Even though the Australian semiconductor industry is small, nestled in the country’s unique patent examination system is a pathway to accelerate examination of your global patent portfolio.  Expedited examination in Australia is free and can be requested in many situations.  It also can result in a grante...

While the knockoff concerns and “packaging” are a little different, the underlying legal problems are surprisingly similar between the semiconductor and toy industries. Both have extremely complex supply chains. Knockoffs in either space can lead to costly reliability and quality problems. For both, IP is one of the most valuable assets and represents thousands of hours of development and market research. 

Nathaniel and Elizabeth...

Companies can’t escape AI.  It’s in the news.  It’s being added to existing software products we use.  It’s being pitched to solve all sorts of problems.  AI seems like it will play a big role in R&D, legal, HR, and other fields, but how will it be implemented?  What should companies be doing during adoption and testing?  What are the risks?  Rather than ask ChatGPT, Elizabeth Morris and Nathaniel Lucek spoke with Ashley Pantul...

Board members and consultants receive lots of high-value information from your company to do their job.  They also can work with more than one company, so that amount of high-value information is multiplied.  Not surprisingly, that makes them very attractive as a target for hackers and criminals.  But you must carefully balance cybersecurity protection against making large changes to their software environment because these people ...

Cost can be a limiting factor (or even THE limiting factor) when considering a patent infringement lawsuit. Staying under a million dollars in legal spending can be considered a victory of sorts for complex matters. That is a huge impediment to small companies and entrepreneurs. On this episode, we explore an alternative that may help level the playing field across high-tech industries: litigation funding. Nathaniel Lucek and Eliza...

Business executives and patent practitioners tend to have similar negative feelings around patent trolls and their letters offering to license sometimes dubious IP. These patent troll entities tend to file a large volume of nuisance lawsuits, which increases legal costs for companies. No industry is immune and these lawsuits impact companies at all levels of semiconductor manufacturing. But besides their ultimate goal of making mon...

The process to file US patent applications online has been almost the same for the past 10-15 years. That filing process finally changed in January 2024 when the USPTO started requiring new U.S. nonprovisional patent applications be uploaded as DOCX files to avoid a surcharge. The DOCX requirement, which was postponed repeatedly, caused an uproar in certain corners of the U.S. IP world. But what does the DOCX requirement cover and ...

Belgium is known for many products: chocolate, beer, waffles, and many others.  Folks in the semiconductor industry also recognize that it is a leader in semiconductor research.  But why is that?  How did such a small country position itself to have an outsized role in this industry?  To answer these questions, Nathaniel Lucek and Elizabeth Morris were joined by John Baekelmans, a former VP at IMEC and currently Science and Technol...

The spares business is an essential revenue stream for semiconductor capital equipment manufacturers. While these components typically are not easy to protect with a utility patent application, many of them are ideal for design patent protection. Nathaniel Lucek and Elizabeth Morris were joined by Charles Rauch, head of the design patent practice at Hodgson Russ LLP, to talk about the benefits of design patent protection. Charlie e...

Applications for artificial intelligence at work seem boundless. AI could even write this episode summary (it didn’t, but maybe it should have). However, using AI carries risks to intellectual property protection, confidentiality, and bias. Look no further than the chip manufacturer that shared confidential information with ChatGPT to find a fix. On this episode, Nathaniel Lucek and Elizabeth Morris spoke with Hodgson Russ LLP atto...

Project management and team building are vital when running an in-house legal team. Sadly, those are not skills that are tested on the bar exam. In this episode, Nathaniel and Elizabeth are joined by Sean Blixseth, Managing Senior Counsel at Panasonic to learn about best practices when inserting legal into a product team. They discussed the importance of living in the business, embracing project management, and borrowing engineerin...

Companies in the semiconductor industry need to gather invention disclosures from all corners of the company to help maintain a competitive advantage. Yet studies have shown that participation among different groups of inventors can be uneven, which leads to underrepresentation by certain groups. For example, the USPTO has shown that women are 20% of the technical workforce, but only 10% of inventors. On this episode, we are joined...

Trade secrets represent an astronomical amount of the intellectual property in the semiconductor industry.  But how do you protect these trade secrets and keep them safe?  And what happens when you detect that your trade secrets may not be secure?  Nathaniel Lucek and Elizabeth Morris are joined by Melissa Subjeck and Lura Bechtel from Hodgson Russ LLP to discuss trade secret protection and options to detect theft.  They also expla...

We know that the advance of artificial intelligence absolutely will not stop (it was in a movie).  To assess where AI may go with respect to law, Nathaniel Lucek and Elizabeth Morris spoke with David Sanker, Ph.D., who works on patent matters related to machine learning.  The group discussed patent inventorship with AI, patentability of machine learning, AI assistance with patent drafting and patent examination, and machine learnin...

After years of waiting, Europe is finally experiencing big changes with its Unitary Patent (UP) and new Unified Patent Court (UPC). The UPC will be open for business in June 2023 and will dramatically change how patents are litigated in Europe. The cost structure and benefits for a UP are already being analyzed for pending patent applications in Europe. But what does this mean for semiconductor innovation? Nathaniel Lucek and Eliza...