More background behind SMICs rapid catch-up to TSMC in the early 2000s, from EE times:
Mora was the subject of intense scrutiny in TSMC’s recent suit with SMIC. In 2000, TSMC acquired Worldwide Semiconductor Manufacturing Corp. (WSMC), a Taiwan-based foundry. Chang was the president of WSMC, Mora was vice president of operations and Katy Liu was the manager of Q&A. Following the deal, Chang, Mora and Liu become employees of TSMC.
Shortly after that event, Chang left TSMC to form SMIC, TSMC alleged. Mora was the operations manager of TSMC’s Fab 8B, until he resigned from TSMC and joined SMIC in May of 2000, TSMC alleged.
Then, according to TSMC, Mora, who was working at SMIC, allegedly sent e-mails to Liu, who was still working at TSMC. In the e-mail, Mora allegedly requested Liu to ”pull out some of the information from WSMC/TSMC.”
The ”information” that was allegedly taken was TSMC’s secret sauce, including its latest 180-nm technology, among other processes, at that time, according to TSMC. Liu resigned from TSMC in early 2001.
TSMC originally filed suit in December of 2003, about three months before SMIC’s IPO. That suit claimed SMIC had systematically pilfered TSMC trade secrets by hiring hundreds of its engineers and asking a few senior people to take information with them as they left. The two sides settled about a year later.
In 2006, TSMC sued SMIC for breach of a settlement agreement, breach of promissory notes, and trade secret misappropriation. TSMC’s complaint accused SMIC of “massive corporate espionage” and claimed that SMIC “lavishly copied the information it stole from TSMC, word for word, and even typographical error for typographical error.”
TSMC alleged that SMIC incorporated TSMC trade secrets in the manufacture SMIC’s 0.13 micron or smaller process products. TSMC further alleged that the alleged breach terminated TSMC’s patent license made ineffective the covenant not to sue with respect to SMIC’s larger process products.
After the liability phase of the trial, the jury last week found in favor of TSMC on 61 of 65 trade secret claims. Beyond the verdict, what’s next for SMIC?