Reverse engineering of ICs is one of the key capabilities of GIS. In a previous newsletter, we discussed the challenge of delayering ICs, which is an important step in the process of reverse engineering an IC. Typically a Scanning Electron Microscope (SEM) is used to capture images of the areas of interest. The imaging is done at multiple layers, and specialized software is used to align the layers and control which layer or layers are visible at any time. Our technical experts are then able to perform the “circuit extraction” or “readback” of the areas of interest.

Figure 1 below shows a simplified cross-section of an IC showing some of these layers and circuit features.

Figure 1. Simplified cross-section of an IC

The diffusion regions define the locations of active areas of transistors, such as the source and drain. Poly layers define the location of gates, which enables the technical experts to locate individual transistors. Poly layers can also be used to fabricate other circuit features such as resistors and short interconnections between transistors. Above the poly layer, a number of metal layers are formed, which are used to provide interconnects between devices and between different parts of the IC. Metal layers can also be used to fabricate other circuit features such as capacitors. In addition to all of these layers, it is important to capture images showing the vias which provide interconnections between layers.

Sample SEM images of a few layers of an actual IC analyzed by GIS are below. In Figure 2(a), two polysilicon layers are visible, while in Figure 2(b), the contacts or vias between the top polysilicon layer and the metal layer above it can be seen. Figure 3(a) shows a first metal layer and the vias to the polysilicon layer below, while Figure 3(b) shows a second metal layer, with the lower metal layer still visible below it.

*Figure 2(a) - SEM image of Polysilicon Layers	*Figure 2(b) - SEM image of Top Polysilicon Layer with Contacts to First Metal

*Figure 3(a)- SEM image of Metal 1 and Vias	*Figure 3(b) - SEM image of Metal 2

*Images provided by MaTek

By looking at these images, our technical experts are able to locate the various features of the circuit, and the interconnections between them, allowing them to piece together what the circuit schematic looks like. Figure 4 below shows a top level circuit schematic of a circuit extraction project. For large scale projects, the schematics are provided in easy to use schematic capture software, allowing GIS clients to navigate through the hierarchy of the circuit.

Figure 4. Top level circuit schematic

Whether the project requires the identification of a few transistors, or the schematics of an entire IC, GIS will meet the challenge while maintaining the highest standards of accuracy and quality in our work.

GIS invites you to attend their workshop on Tuesday, October 18, 2011 from 3:45pm - 5:00pm

The topic will be THE IMPACT OF RECENT CHANGES IN PATENT LAW: SUCCESSFUL SOLUTIONS.

Recent case law is having a tremendous impact on licensing strategies. In this workshop we investigate problems that arise from recent changes in patent law and how they affect patent licensing. Particularly, the workshop focuses on how the licensing industry is adapting and finding new solutions for effective licensing strategies. Issues of interest such as obviousness (KSR), patent exhaustion, DJs (Declaratory Judgments), patent reform, direct v. indirect infringement, and calculations of damages, for example, which have impacted the licensing industry are addressed. Specifically, a general approach to dealing with recent changes in patent law is addressed and the workshop focuses in on problems specific to the High Tech industry.

Charles Neuenschwander, Principal, IPLC
Marc Pepin, Manager, Patent Intelligence & R&D, GLOBAL INTELLECTUAL STRATEGIES
Nainesh Shah, Director, Worldwide Licensing, STMICROELECTRONICS
Matthew Vella, Senior Vice President, ACACIA RESEARCH GROUP LLC

We look forward to seeing you there!

http://www.lesusacanada.org

Leahy-Smith America Invents Act Passed into Law

After years of debate and amendments the Leahy-Smith America Act passed into law on Friday, September 16, 2011. There have been a lot of comments on the web on the implications of patent reform in the US and this article adds to this by giving GIS’ view of the act on how specific provisions of the act will affect GIS and our clients.

The act provides for several changes including moving from first to invent to first to file, adding a post grant review process, and broadening prior use as a defense against infringement accusations. From a GIS point of view the following changes will have the most affect on us and our clients.

§ 299. Joinder of parties: This section has been called the “anti-NPE” clause and it prevents a plaintiff in a patent infringement suit from naming multiple defendants in a single lawsuit if the only justification for them being co-defendants is that all defendants are alleged to have infringed the same patent. Though suing multiple defendants is not restricted to NPEs, this will increase the time and costs required to sue multiple infringers at the same time for all licensors and it will be interesting to see how they react to this. Will they launch separate suits against several defendants, launch a single case and use the (positive) settlement as leverage against other potential infringers, or perhaps it will lead to more negotiated settlements.

SEC. 3. FIRST INVENTOR TO FILE: Most of the rest of the world does this already and it is nice to see the US following. From a GIS point of view we see this as a positive change as it removes the uncertainty as to the invention date when evaluating patents or determining if a document is citable as prior art. Commentators have mentioned that it may hurt small inventors but we suspect we will simply see an increase in provisional filings and perhaps in defensive publications.

SEC. 6. POST-GRANT REVIEW PROCEEDINGS: The act creates a post grant review process to complement the inter partes reviews that already exist. This is similar to what already exists with the EPO opposition procedure. The interesting change here is that a party wanting to challenge the validity of a patent can opt for a post-grant review or an inter partes review through the USPTO or they may challenge it in declaratory judgment suit in court but may not do both. Depending on your strategy, different approaches will make sense in different cases. Again, it will be interesting to see what the trend is with both the number of post-grant reviews undertaken and the split between approaching the PTO or taking your chances in court.

Finally the new act should allow the USPTO to keep more of the money it collects in fees for itself. Ultimately, this may be the most significant part of the Leahy-Smith America Act. The most pressing issue in patent licensing is really one of patent quality, too many patents of dubious inventiveness are being granted. Patent quality starts at the patent office with more examiners, better examiners, and more time to examine patents. Better, clearer patents would benefit licensors, manufacturers, and consultants such as GIS and we hope that this is the ultimate outcome of this new law.