Judge Allows TSMC to File Trade Secret Case against SMIC in the State Courts

Hsinchu, Taiwan, April 23, 2004 - In rendering the ruling on April 21st to dismiss TSMC’s trade secret claims against SMIC, the judge for the U.S. District Court for the Northern District of California did not address the merits of TSMC’s complaint. Instead, the judge found that because the trade secret claims “substantially predominate[d] over the patent claims” they are more appropriately to be heard by the state courts and not the federal courts.

Believing in the strength of its case, TSMC will continue vigorously to pursue its remedies for trade secret theft. TSMC also will continue to litigate strongly its Federal claims, including patent infringement, in the U.S. District Court.