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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsTSMC and GlobalFoundries announced a broad patent cross-license and the dismissal of litigation on October 28, 2019. Their public statements disclosed no settlement payment, and the available record does not establish that the deal set a dollar-value record. The U.S. International Trade Commission later terminated its investigation after the parties and other respondents jointly sought to end it.
What did TSMC and GlobalFoundries agree to?
In an announcement dated October 28, 2019, GlobalFoundries said the companies would dismiss litigation between them and cases involving their customers. They also described a broad cross-license covering each company’s worldwide existing semiconductor patents and patents filed during the following ten years. TSMC filed a release describing the resolution on October 29, 2019.
The announcements give the public outline, not the complete contract. In the ITC record, the unredacted cross-license was confidential and was requested to be disclosed only to the settling parties and Commission staff. The public sources do not state a settlement payment amount or provide enough information to determine the agreement’s full financial terms. The Federal Register notice describes the confidentiality treatment.
What litigation led to the settlement?
On August 26, 2019, GlobalFoundries announced that it had filed multiple lawsuits in the United States and Germany. The company alleged that TSMC’s semiconductor manufacturing technologies infringed 16 GlobalFoundries patents, and said it sought import restrictions and damages. Those were GlobalFoundries’ allegations and requested remedies, not findings by a court or agency. GlobalFoundries’ announcement of the complaints named the U.S. International Trade Commission, federal district courts in Delaware and the Western District of Texas, and regional courts in Düsseldorf and Mannheim.
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How did the ITC case end?
The ITC investigation named 22 respondents. The parties and all respondents jointly moved to terminate it, saying the settlement between GlobalFoundries and TSMC purportedly resolved the issues as to all respondents. An administrative law judge granted the motion on November 25, 2019. No petition for review was filed, the Commission did not review the initial determination, and the investigation was terminated.
This procedural outcome records the end of the investigation; it is not an adjudication that TSMC infringed the patents. The Federal Register notice provides the agency’s chronology and the handling of the confidential agreement: ITC termination notice.
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Was it really a “record” settlement?
The word “record” is not supported as a claim about the settlement’s dollar value by the public sources cited here. Neither company disclosed an amount in its announcement, and the ITC notice does not reveal the confidential license terms or establish a comparison with other settlements. GlobalFoundries’ request for damages in its lawsuits should not be mistaken for money paid in the settlement.
GlobalFoundries CEO Thomas Caulfield said the resolution “acknowledges the strength of our respective intellectual property.” TSMC General Counsel Sylvia Fang called it “a positive development” that would keep the companies focused on customers and technology. These are the companies’ characterizations of the agreement, not independent findings about either party’s patents. The statements appear in GlobalFoundries’ settlement announcement; TSMC’s corresponding SEC-filed release is available at TSMC’s filing.
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