GlobalFoundries hits Tower Semiconductor with multi-patent suits in Texas and ITC, targets RF and power chip technologies

Context: GlobalFoundries and Tower Semiconductor operate in the semiconductor foundry market, particularly in radio frequency (RF) and power management technologies used in smartphones, automotive systems, and industrial applications. These technologies are central to modern electronics and require significant investment in advanced manufacturing processes.

What’s new: GlobalFoundries has launched a three-pronged litigation campaign against Tower Semiconductor:

  • a complaint before the U.S. International Trade Commission (ITC) seeking a potential U.S. import ban based on six patents
  • a companion case in the U.S. District Court for the Western District of Texas asserting the same six patents and requesting damages.
  • a separate case in the same court asserting five additional patents and seeking damages as well as injunctive relief

The cases target Tower’s RF and power semiconductor technologies.

Direct impact: The ITC case could lead to a U.S. import ban on certain semiconductor products within less than two years if GlobalFoundries succeeds. The district court case based on the same six patents is likely to be stayed once the ITC investigation moves forward. In the second Texas case, GlobalFoundries is also seeking a preliminary injunction (PI). If granted, a PI could come much earlier, possibly within months. However, U.S. courts apply a high standard for granting such relief in patent cases. Taken together, this multi-front approach can increase pressure on Tower Semiconductor, whether toward a settlement, licensing deal, or changes in its market activities.

Wider ramifications: Tower is not the first semiconductor rival GlobalFoundries has pursued through litigation and settlement. GlobalFoundries previously resolved disputes with IBM and TSMC, suggesting a broader strategy of enforcing its patent portfolio across the industry. The dispute also highlights a shift toward lawsuits over chip manufacturing processes, not just finished products.

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Counsel

Counsel for GlobalFoundries: Cleary Gottlieb Steen & Hamilton LLP’s Clement Naples, Gregory K. Sobolski, Thomas W. Yeh, Bert C. Reiser, Sami Al-Marzoog, Daniel Todd, and S. Giri Pathmanaban, as well as Jackson Walker LLP’s Nathaniel St. Clair II, Arthur Gollwitzer III, and Paige V. Welch.