AMD Partially Invalidates KAIST FinFET Patent in Korean Court

Patent Court Sides with AMD in December Ruling

(Source: https://www.amd.com/ko/products/adaptive-socs-and-fpgas/fpga/kintex-ultrascale-plus.html#advantages)

By PatenTrip

AMD has achieved partial invalidation of KAIST's Dual-Gate FinFET patent (KR0458288) following a ruling by the Korean Patent Court in mid-December 2024. The court granted a partial victory to AMD in a lawsuit challenging the Korean Intellectual Property Tribunal's (KIPT) previous decision to uphold the patent.

In May 2023, the KIPT dismissed AMD's invalidation request, which was originally filed in August 2021. AMD subsequently appealed the decision by filing a lawsuit in the Korean Patent Court, arguing that key claims of the patent should be invalidated. The Patent Court partially accepted AMD's arguments, overturning portions of the KIPT's earlier decision.

The judgment remains open to further appeals. Both AMD and KAIST have the option to challenge the ruling before the Supreme Court of Korea, as the statutory appeal window remains active. Notably, the ruling was delayed from its initially expected date in late November 2024 to mid-December.

KAIST's Dual-Gate FinFET patent describes a technology that replaces costly Silicon-On-Insulator (SOI) substrates with bulk silicon substrates. By forming a nanometer-wide silicon fin directly connected to the substrate along the current flow, the design offers a cost-effective and electrically stable alternative to traditional FinFETs. The innovation aims to enhance performance while reducing manufacturing costs.

The patent has previously faced challenges from other tech industry leaders, including Apple and Samsung Electronics:

Apple Korea contested claims 1–8 and 11–16 in 2018 but withdrew its invalidation bid in May 2019 after reaching a settlement with KAIST.

Samsung Electronics filed an invalidation request in July 2018, challenging claims 1–8 and 10–16. The KIPT rejected Samsung’s request in August 2019, prompting an appeal to the Korean Patent Court. However, Samsung ultimately withdrew the appeal in August 2020.

Intel did not pursue litigation but obtained a non-exclusive license to the KAIST patent in September 2012.

Although the patent expired in January 2022, its relevance persists in the semiconductor industry, as evidenced by continued legal battles.

By PatenTrip