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IBM and GlobalFoundries Settle Legal Disputes Over Contract and Trade Secrets

IBM and GlobalFoundries announced on Thursday that they have resolved their legal disputes, settling lawsuits involving allegations of contract breaches and trade secret misuse. The confidential settlement, outlined in a joint statement, will enable the two companies to “explore new opportunities for collaboration.”

The lawsuits stemmed from GlobalFoundries’ 2015 acquisition of IBM’s semiconductor manufacturing facilities. In 2021, IBM filed a lawsuit in New York state court, claiming GlobalFoundries had violated a $1.5 billion agreement to produce high-performance chips for the tech giant.

In response, GlobalFoundries, majority-owned by Abu Dhabi’s Mubadala sovereign wealth fund, filed a countersuit in New York federal court in 2023. The company accused IBM of misappropriating its trade secrets and sharing proprietary chipmaking information with competitors, including Intel and Japan’s Rapidus consortium, during collaborative partnerships.

Intel has declined to comment on the settlement, while Rapidus did not respond to inquiries regarding the matter.

GlobalFoundries’ Strategic Positioning

GlobalFoundries has recently solidified its role in the semiconductor industry, benefiting from government incentives aimed at boosting domestic chip production. In November, the U.S. Commerce Department awarded the company a $1.5 billion subsidy to expand its manufacturing facilities in New York and Vermont.

This settlement marks the end of a contentious chapter between the two companies and signals a potential reset in their relationship. Both IBM and GlobalFoundries appear poised to focus on future collaboration as the semiconductor sector faces growing demand and geopolitical pressures.

 

Biden Administration Launches Probe into Chinese Legacy Chips, Prepares to Transition to Trump

In its final weeks, the Biden administration has initiated a trade investigation targeting older Chinese-made semiconductors, known as “legacy” chips, which are widely used in everyday products such as automobiles, home appliances, and telecommunications equipment. The probe, under Section 301 of the Trade Act of 1974, aims to counter China’s state-supported semiconductor expansion, which U.S. officials argue undermines global competition by offering artificially low-priced chips.

The investigation, announced by U.S. Trade Representative Katherine Tai, is designed to protect American semiconductor producers and those in allied nations. The effort will be handed over to the incoming Trump administration, which could use it to impose additional tariffs of up to 60% on Chinese imports, aligning with Trump’s campaign promises to take a tough stance on China.

Outgoing President Joe Biden has already implemented a 50% tariff on Chinese semiconductors, effective January 1, and imposed stricter export controls on advanced chips and chipmaking tools. The Biden administration has also highlighted alarming findings, with Commerce Secretary Gina Raimondo reporting that two-thirds of U.S. products using chips contain Chinese legacy semiconductors. Moreover, half of U.S. companies, including some in defense industries, are unaware of their chips’ origins.

China’s commerce ministry denounced the investigation as “protectionist,” warning of potential disruptions to the global chip supply chain and threatening retaliatory measures. Meanwhile, Tai accused Beijing of seeking global dominance in the semiconductor industry, stating that China’s practices could harm market-oriented competitors.

PUBLIC HEARING AND TIMELINE
The probe will accept public comments starting January 6, with a public hearing scheduled for March 11-12. The investigation is expected to conclude within a year. The framework for this probe mirrors earlier Section 301 investigations that led to the imposition of tariffs on $370 billion worth of Chinese goods during the Trump administration, igniting a protracted trade war.

The Information Technology Industry Council, a U.S. tech trade group, has expressed concerns about the investigation’s potential economic ramifications. The group urged both the Biden and Trump administrations to approach the inquiry collaboratively and objectively, particularly given the complexities of the semiconductor supply chain and the risks associated with unilateral actions during a presidential transition.

IMPACT ON DOWNSTREAM GOODS
The investigation will examine not only the direct impact of imported legacy chips but also their role in downstream components and products critical to industries such as defense, automotive, and medical devices. It will also assess China’s production of silicon carbide substrates and wafers essential for semiconductor manufacturing.

The COVID-19 pandemic highlighted vulnerabilities in global semiconductor supply chains, leading to disruptions in industries like automotive and healthcare. In response, the U.S. has allocated $52.7 billion to bolster domestic semiconductor manufacturing, research, and workforce development.

The Biden administration’s last-minute actions set the stage for the Trump administration to shape the future of U.S.-China trade relations, particularly in the high-stakes semiconductor industry, as Trump has vowed to prioritize American dominance in critical technologies.

 

Qualcomm Wins Key Verdict in U.S. Chips Trial Against Arm

Qualcomm scored a significant victory in its legal battle with Arm Holdings, as a U.S. federal court jury found that Qualcomm’s central processors are properly licensed under its agreement with Arm. However, the case ended in a mistrial on one critical issue, leaving some aspects unresolved.

The dispute centers on Qualcomm’s use of technology from Nuvia, a startup it acquired in 2021 for $1.4 billion, and its licensing agreement with Arm. After deliberating for over nine hours, the jury ruled that Qualcomm did not breach its license with Arm and that its chips using Nuvia technology are fully protected by its contract with Arm.

However, the jury could not unanimously decide whether Nuvia violated the terms of its license with Arm before being acquired by Qualcomm. As a result, Judge Maryellen Noreika encouraged the parties to mediate, though Arm has already vowed to seek a new trial.

Arm’s shares fell 1.8% in extended trading following the decision, while Qualcomm’s shares rose by the same margin. Qualcomm hailed the ruling as a vindication of its innovation rights, while Arm expressed disappointment over the jury’s inability to reach a consensus on key claims.

The case has implications for Qualcomm’s ambitions in the laptop market, particularly its push into “AI PCs” designed to handle advanced tasks such as chatbots and image generation. Competitors like Nvidia, AMD, and MediaTek are also vying to create Arm-based processors for this growing market.

Analysts view the verdict as a stabilizing factor for Qualcomm’s roadmap. “The risk of losing access to Nuvia cores is much closer to being off the table,” said Stacy Rasgon, a Bernstein analyst.

The trial also reignites industry-wide questions about the boundaries of Arm’s intellectual property. While Arm licenses its architecture to companies like Qualcomm and Apple, it argued in court that its agreement with Nuvia allowed it to demand the destruction of custom core designs.

“This trial has ramifications for the entire tech ecosystem,” said Jim McGregor of Tirias Research. “Arm’s architecture forms the backbone of everything from consumer gadgets to satellites, and this verdict underscores ongoing tensions between licensing and innovation.”

Despite the partial victory for Qualcomm, unresolved issues regarding licensing terms and royalty rates may continue to impact future negotiations across the semiconductor industry.