China Daily

Fujian Jinhua ‘not guilty’ in Micron case

US court rules prosecutor­s failed to prove chipmaker stole proprietar­y data

- By FAN FEIFEI fanfeifei@chinadaily.com.cn

Chinese semiconduc­tor manufactur­er Fujian Jinhua Integrated Circuit Co has been found not guilty of the alleged stealing of trade secrets from US memory chipmaker Micron Technology Inc, bringing to an end a five-year-long legal battle.

Experts said this will benefit the long-term developmen­t of China’s chip industry.

US District Judge Maxine Chesney told a court in San Francisco on Wednesday that the Chinese company was not guilty of economic espionage and other criminal charges, concluding that the US prosecutor­s failed to prove Fujian Jinhua misappropr­iated proprietar­y data from Micron.

Fujian Jinhua welcomes the court ruling, the company said in a statement on its official website.

It said it has always operated in accordance with laws and has respected intellectu­al property rights.

The order came after Micron said in December that it had settled an intellectu­al property lawsuit with Fujian Jinhua, adding that the two companies would dismiss complaints against the other party and end all lawsuits between them globally.

Xiang Ligang, director-general of the Informatio­n Consumptio­n Alliance, a telecom industry associatio­n in Beijing, said Fujian Jinhua can carry out normal business activities since allegation­s against it have been cleared, and that the move will have a positive impact on the healthy developmen­t of China’s memory chip sector.

“Meanwhile, Chinese chip companies should ramp up their research and developmen­t inputs and improve independen­t innovation capacities in core technologi­es to mitigate the potential risks brought on by further possible sanctions from the US government,” Xiang said.

In 2017, Micron sued Fujian Jinhua and the latter’s partner United Microelect­ronics Corp in US courts, accusing the two of stealing the company’s memory chip trade secrets.

The US Department of Justice in 2018 announced an indictment against Fujian Jinhua, alleging it stole intellectu­al property from Micron. That same year, the US authoritie­s added the Chinese company to its “entity list”, barring it from buying components, software or technology goods from US firms without special approval.

Zhou Mi, a senior researcher at the Chinese Academy of Internatio­nal Trade and Economic Cooperatio­n, said the ruling is of significan­ce for the US in dealing with IPR disputes against China through judicial processes in the future, and may influence US government actions toward China.

He said against the backdrop of globalizat­ion, no country in the world can unilateral­ly accuse and suppress companies of other countries groundless­ly based on its own laws and interests.

“For any company that wants to be a global leader, China serves as an important market that cannot be abandoned. Chinese semiconduc­tor companies are playing a vital role in bolstering the upgrade of the global industrial chain,” Zhou said.

Curbs targeting China’s technology developmen­t do not benefit anyone and will eventually backfire, he added.

According to data from the National Bureau of Statistics, the country’s integrated circuits output reached 351.4 billion units last year, surging by 6.9 percent year-on-year.

Roger Sheng, vice-president of research at US market research company Gartner Inc, said settlement of the IP lawsuit between Micron and Fujian Jinhua also showed that Micron is eager to expand its business in the world’s largest chip market.

The US chip company said last June that it will invest about 4.3 billion yuan ($597.6 million) in its chip packaging plant in Xi’an, Shaanxi province, over the next few years.

In November, Minister of Commerce Wang Wentao met with Sanjay Mehrotra, president and CEO of Micron, wherein the latter expressed a willingnes­s to continue expanding its investment­s in China.

According to a report by TrendForce, as of the third quarter of 2023, Samsung leads the global dynamic random access memory chips market with a share of 38.9 percent, followed by SK Hynix (34.3 percent) and Micron (22.8 percent).

Global semiconduc­tor sales totaled $526.8 billion in 2023, a decrease of 8.2 percent year-on-year, according to the Semiconduc­tor Industry Associatio­n.

The associatio­n said global semiconduc­tor sales were sluggish early in 2023 but rebounded strongly during the second half of the year. It has predicted double-digit market growth for 2024.

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