The semiconductor industry powers the modern economy, and intellectual property is a critical driver of innovation, competitive differentiation, and growth. Sterne Kessler works with companies across the semiconductor ecosystem—including chip designers, manufacturers, equipment suppliers, and investors—to develop, protect, enforce, and monetize their valuable IP assets.
For more than 40 years, Sterne Kessler has helped clients navigate complex technology landscapes, mitigate risk, and align IP strategy with business objectives. Our multidisciplinary team provides strategic patent counseling that spans across patent preparation and prosecution, portfolio development and management, and high-stakes post grant proceedings and patent litigation. We have drafted and prosecuted thousands of patent applications at the forefront of semiconductor technology for many Fortune 100 companies. We have represented clients in significant semiconductor-related disputes in federal district courts, before the International Trade Commission, and in post-grant proceedings, including inter partes reviews and reexaminations, before the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB).
Our IP professionals possess deep technical expertise across the full spectrum of semiconductor innovation, including advanced semiconductor materials and fabrication processes, state-of-the art logic and memory devices, power semiconductors, optoelectronics, microelectromechanical systems (MEMs), and analog and mixed signal technologies, programmable logic, and advanced digital circuits. We also have extensive experience with the semiconductor ecosystem, including lithography, deposition, patterning, etching, cleaning, doping, ion implementation, wafer production, inspection, and metrology, as well as advanced IC packaging and assembly.
Our experience also extends to emerging computational and automation-driven design solutions, including chip design, chip layout, electronic design automation (EDA), and lithography optimization. We represent innovators across a broad range of industries, including artificial intelligence (AI), automotive, communications, energy, consumer electronics, and quantum computing.
This breadth of technical knowledge enables us to protect and enforce complex inventions throughout the semiconductor lifecycle—from early-stage research and development to high-volume manufacturing commercialization. We work closely with clients to align IP strategy with business objectives, building high-quality, cost-effective patent portfolios that support commercialization and strengthen competitive advantage.
Our multidisciplinary team includes attorneys, patent agents, and technical specialists with deep backgrounds in electrical engineering, physics, and materials science—many holding advanced degrees and bringing meaningful industry, academic, and patent examination experience. This technical depth enables us to translate complex semiconductor innovations into durable and enforceable intellectual property rights that support our clients’ business goals.
Semiconductor IP Services
Patent Application Drafting and Prosecution
Sterne Kessler develops and implements comprehensive, business-aligned patent procurement strategies covering sophisticated semiconductor technologies. Our team delivers high-quality, defensible patents that support commercialization, withstand litigation and post-grant challenges, and strengthen our clients’ competitive positioning.
Our integrated model integrates Tier 1 patent prosecution with district court/PTAB litigation in a continuous cycle of learning and improvement. Litigation insights inform our prosecution strategies, while prosecution experience strengthens our litigation positions—enhancing our ability to develop and defend robust, high-quality patents.
We take a strategic, forward-looking approach to portfolio development, aligning filing strategies with product roadmaps, competitive landscapes, and our clients’ business objectives. Leveraging proprietary AI tools developed in-house by Sterne Kessler, we enhance efficiency and insight into patent prosecution, portfolio analysis, and due diligence to enable our IP professionals to focus on delivering high-value strategic guidance and maximizing impact of our clients’ patent investments.
Patent Litigation
Sterne Kessler represents semiconductor companies in patent litigation before federal district and appellate courts, including the U.S. Court of Appeals for the Federal Circuit. We enforce and defend our clients’ IP rights against competitors and non-practicing entities (NPEs), leading complex disputes that impact market position.
Our team is recognized for driving favorable results at pivotal stages of litigation, successfully resolving cases through strategic motion practice, persuasive claim construction advocacy, and case-dispositive challenges. We develop tailored litigation roadmaps aligned with our clients’ objectives and routinely pursue opportunities for early resolution where appropriate, including successful challenges based on subject matter eligibility under 35 U.S.C. § 101.
Supported by a seamless integration of patent prosecution, PTAB, and litigation expertise, we coordinate complex multi-venue disputes and develop comprehensive enforcement and defense strategies that protect innovation, reduce risk, and strengthen our clients’ competitive positions.
International Trade Commission (ITC) Litigation
Sterne Kessler is among the most active and experienced firms before the ITC, handling Section 337 investigations involving complex semiconductor technologies. We lead high-stakes ITC matters from complaint through trial, combining deep technical knowledge with our trial skills and a strategic understanding of the ITC’s fast-paced and specialized procedures.
Our team is particularly adept at managing the accelerated timelines of ITC investigations, executing effective discovery strategies and positioning cases for success. We develop integrated, multi-venue strategies that align ITC investigations with parallel proceedings before the PTAB and district courts, ensuring consistent positions and advancing our clients litigation objectives.
Patent Trial and Appeal Board (PTAB) Proceedings and Reexaminations
Sterne Kessler has deep experience representing semiconductor companies in inter partes review (IPR), post-grant review (PGR), and reexamination. Proceedings before the PTAB have become a critical component of modern patent disputes, requiring a combination of deep technical knowledge and sophisticated command of PTAB procedure and policy.
Recognized as one of the most active and successful firms before the PTAB, we are highly experienced in representing petitioners and patent owners, developing tailored strategies that align with litigation in district courts and before the ITC. Our team includes three former leaders at the PTAB, who offer our clients unique perspective and insights into these specialized proceedings. We also have one of the leading reexamination practices to support litigation objectives, strengthen patent positions, and create strategic advantages in complex disputes for both patent owners and third-party requesters.
By optimizing the interplay among PTAB proceedings, district court litigation, and ITC investigations, we help clients maximize opportunities, mitigate risk, and achieve favorable outcomes across multiple forums. Our experience is further reflected in our involvement in several Federal Circuit decisions that have shaped reexamination law and procedure, reinforcing our position as a leader in post-grant and patent validity proceedings.
Strategic IP Counseling & Transactional Support
Sterne Kessler develops and manages global patent portfolios, including PCT filings and prosecution before U.S., European, and Asian patent offices, ensuring consistency and strategic alignment across jurisdictions. We also design and implement trade secret protection programs for valuable unpatented technologies, including specialized manufacturing processes.
Beyond portfolio development, we help clients navigate complex IP risks through comprehensive patent searching and the preparation of freedom to operate (FTO), non-infringement, invalidity, and clearance opinions. These analyses support the development and commercialization of new semiconductor technologies while mitigating litigation risk.
Our team routinely conducts patent landscape analyses to assess third-party IP positions, identify white-space opportunities, and inform R&D and business strategy. We also advise on technology licensing, IP valuation, and IP-focused due diligence for mergers, acquisitions, and strategic transactions in the semiconductor industry.
Connect with Sterne Kessler
Contact us or subscribe to our mailing list to receive the latest intellectual property news and insights straight to your inbox.