Representative engagement

Sourcing Technical Experts for a Semiconductor Patent Dispute

Sourcing and screening former design engineers who worked on the process generation in dispute

The challenge

The knowledge sat several process generations back

A law firm was acting in an intellectual property dispute over semiconductor technology. A case like this turns on what the manufacturing equipment of a particular era could do, because the patent was filed when that generation was current. The chip industry has moved several generations since, and the specialists who advise on today’s processes are the obvious place to look and the least likely to hold it.

A process generation is a stage of chipmaking technology, replaced by the next as the industry moves forward. Someone who reads the current generation can describe how chips are made now. Only somebody who sat in that seat at that time can say what the older tools could and could not do. That distinction is what these cases are won on.

The Nextyn approach

We searched by period and role, not by current job

We defined the requirement by process generation and role, then looked for people who had held those roles in that window, wherever they had gone since. We reached former design engineers, process integration leads and equipment specialists who had worked on the technology in dispute. Many had retired or moved into unrelated work, which made them harder to find and, in several respects, better candidates.

They had no current employer, no live commercial relationships and no position in the sector to protect. Screening was still applied strictly: previous employment at either party is a conflict however long ago it ended. We identified and introduced the candidates. Instruction, the scope of any opinion and duties to the tribunal were matters for the firm and the expert.

The outcome

The shortlist was defined by the era, not by availability

The candidates had personally worked on the process generation in dispute. Several had long since left the industry, and none of them appeared in any directory of available specialists. Searching by period and role, rather than by who was currently on offer, was what put them in reach.

The independence position was unusually clean as a result, and candidates in that position present a far simpler picture. Instruction and the scope of opinion sat with the firm and the expert throughout. We identified and introduced, and everything beyond that was between them.

Related reading

More on finding expertise that has stopped being current

Writing from the Nextyn desk.

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