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Engineer Who Fled Charges of Stealing Chip Technology in US Now Thrives in China

Daniel Nenni

Admin
Staff member
Interesting read. An all to familiar story around the world.

ASML has pressed IP theft allegations against two firms created by ‘flagbearer’ for China’s semiconductor industry

Few companies are better positioned to benefit from the crippling shortage of computer chips than ASML Holding NV, a Dutch manufacturer whose equipment plays an integral role in making the world’s most advanced semiconductors.

But four lines tucked halfway into an otherwise upbeat, 281-page annual report from February hinted at a potentially incendiary problem. ASML accused a Beijing-based firm, regarded by Chinese officials as one of the country’s most promising tech ventures, of potentially stealing its trade secrets. Behind the brief disclosure is an extraordinary multiyear tale of intellectual property theft and a broader threat facing the $556 billion semiconductor industry.

In the report, ASML said the Chinese company, Dongfang Jingyuan Electron Ltd., is related to a defunct Silicon Valley firm, Xtal Inc., which ASML sued for intellectual property theft.

A 2018 trial in California, which received scant attention at the time, provided more detail. Dongfang and Xtal were essentially the same, created a month apart in 2014 by a former ASML engineer named Zongchang Yu, ASML’s attorney told the court. The two companies worked in tandem toward the same goal: obtaining ASML’s technology and transferring it to China, which is seeking to foster its own semiconductor industry, often at the expense of Western companies, the attorney argued.

That technology was secured in sometimes audacious fashion: one engineer was accused of stealing all 2 million lines of source code for critical ASML software and then sharing part of it with Xtal and Dongfang employees in the US and China, according to transcripts of the proceedings.

“It’s not an accident. It’s not anything else,” Patrick Ryan, ASML’s lead attorney, told the court. “But it is a plot to get technology for the Chinese government.”

Xtal lost and filed for bankruptcy protection. It was ordered to pay $845 million, which ASML deemed “uncollectable.”

ASML declined to comment for this story. A Dongfang representative declined to comment. Yu, 60, who has an outstanding arrest warrant in California on allegations of stealing trade secrets from ASML, couldn’t be reached for comment. He now runs Dongfang in Beijing with ample support from the Chinese government, according to company statements and other Chinese documents.

The allegations the company made in court and in its annual report reflect the delicate position ASML finds itself in, trying to grow its business in China while pursuing claims of IP theft against a Chinese company.

Complete Story on Bloomberg
 
Any mainland China companies with "China" or "Chinese" in their companies' names are owned by government of PRC. This IP theft is clearly a Chinese government sponsored operations.

On the other hand, any organization or county who awards thieves for stealing will not be able to build a long lasting and innovative semiconductor business.
 
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Any mainland China companies with "China" or "Chinese" in their companies' names are owned by government of PRC. This IP theft is clearly a Chinese government sponsored operations.

On the other hand, any organization or county who awards thieves for stealing will not be able to build a long lasting and innovative semiconductor business.
they can limit their business to mainland China and wherever in the world that falls under the CCP umbrella
 
What is the smoking gun there is that the OPC algos by themselves are near useless if talking about immediate commercial value. And since people are knowing that this co is tainted, no EDA company will pick his service.

So, how is he making money?
 

The primary driver behind the jury’s verdict and the $845 million final judgment were saved research and development costs by XTAL, due to XTAL’s theft of trade secrets, inducing former employees to breach their contracts with ASML, aiding and abetting former employees to breach their fiduciary duty of loyalty to ASML, and multiple violations of California’s Computer Data Access and Fraud Act.


ASML did not claim much in the way of out-of-pocket damages which were a minor element of the award.


The judgment will be uncollectable as XTAL is in bankruptcy, but under a settlement arrangement ASML will end up owning most, if not all, of XTAL’s intellectual property (IP) through the bankruptcy process.


In addition to the $845 million judgment, the trial court issued an injunction. The injunction orders XTAL not to conduct any software development activities on its software products that ASML alleged are contaminated with ASML’s IP, grants ASML explicit permission to reach out to actual or potential customers of XTAL and inform them of the jury’s verdict and result of the lawsuit, and bars XTAL from continued work in the same field of business as Brion for a certain period of time.


ASML has been meanwhile working to ensure that the customers of ASML Brion that XTAL initially lured away, or tried to lure away, continue to be supported with computational lithography products from ASML, despite the disruption caused by XTAL.


There was a delay between the jury reaching a verdict in November 2018 and the final judgment being entered on 3 May 2019, due to XTAL’s attempt to avoid it by filing for bankruptcy before the trial court could enter its final judgment. In the bankruptcy case, XTAL sought to sell its intellectual property, which ASML had shown at trial was contaminated with ASML’s trade secrets. The bankruptcy court granted ASML’s motions and sent the case back to the trial court, so that it could enter the final judgment, which it has now done.


The settlement arrangement which was approved by the bankruptcy court provides certainty and brings closure to all the proceedings between the parties, including the trial court, appellate court, bankruptcy court, and arbitrations, in addition to ASML being awarded most, if not all, of XTAL’s IP.


During the trial, ASML presented evidence of the numerous steps ASML took to protect its trade secrets and other confidential information. The jury agreed with ASML, finding that, as to all of ASML’s trade secrets: “ASML made reasonable efforts under the circumstances to keep those items secret.”
 

Lithography giant ASML is optimistic about the Chinese market and plans to recruit more than 200 people within the year

The Dutch lithography company ASML disclosed the latest progress of its business in China.

On June 7, ASML stated that since the outbreak in Shanghai, the company has been steadily advancing its service work, helping a number of semiconductor wafer manufacturers in Shanghai successfully complete closed-loop production by entering customer factories for closed-loop work and using AR technology equipment.

On the basis of following the local government's sealing and control management requirements, ASML also recruited engineer volunteers to work in the closed-loop of the customer's factory to ensure the stable operation of the machine and ensure the continuous production.

It is reported that ASML uses the AR glasses HoloLens, which enables overseas technical experts to remotely guide local engineers to perform relatively complex operations through simulation tools.

ASML said that in response to the recent wave of the epidemic in Shanghai, the company set up a crisis response team, which consists of a management team in China, including multiple departments such as environment and safety, customer support, sales, facility management, communications, and government affairs. The group holds regular meetings to discuss the problems encountered in the operation of the company, and mobilizes resources across departments to find solutions to ensure the orderly operation of the company.

ASML believes that the impact of the epidemic is temporary. The importance of the Chinese market and the continuous improvement of the Chinese economy have not changed. In the future, it will continue to deepen the Chinese market and fulfill its commitments in China. According to the company, all projects in China are currently in progress as planned. In order to support the growth of business in China, it will continue to expand the Chinese team this year, and plans to recruit more than 200 employees.

ASML is the world's leading supplier of lithography technology and equipment. TSMC and Samsung Electronics are using ASML lithography machines to produce the most advanced chips for customers such as Apple. In the field of lithography machine manufacturing, especially in the field of high-end lithography machine manufacturing, ASML currently ranks first in the world in terms of technology and sales.

In addition to providing lithography machines, ASML also provides related services to chip manufacturing companies, such as measurement and inspection of silicon wafers, and software related to semiconductor production.

ASML has served China's integrated circuit industry for more than 30 years. At present, the company's business layout in China includes 14 offices, 11 warehousing and logistics centers, 2 R&D centers, 1 training center and 1 maintenance center, with more than 1,400 employees . In fiscal 2021, its sales in China were 2.7 billion euros (about 19.25 billion yuan), accounting for 14.5% of its global sales.
 
There is a certain section of society in China that definitely do not respect IP of any kind. From the folks I've spoken to it seems that this is greater than 1% but less than 90% of the populace.

Though this is pretty much the case throughout most of the developing world.
 
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