DATE: 11/03/2011 TO: Professor Savage FROM: Austin Schader SUBJECT: Kilby v.

Noyce
The following summarizes the stances and outcomes of the Kilby V. Noyce patent battle for the invention of the integrated circuit. Background In 1958 Jack Kilby of Texas Instruments developed a method for integrating multiple components onto a single circuit board, in order to miniaturize a circuit. He then built a crude model consisting of a silicon substrate containing different components connected by independently connected wires. Kilby wanted to find a better way to connect each component, however, at the urge of his lawyer filed for a patent in February of 1959 with a drawing depicting the crude prototype. The sword type patent was intended to cover a broad spectrum of similar designs as Kilbys design was revolutionary in nature. Additionally Kilby had a clause drafted into his patent that specifically said that the wires may be replaceable with an oxide layer, with several gold wires laid down on to connect each component. Rumors quickly spread, in late February, about Texas Instruments new Solid Circuit which prompted Bob Noyce of Fairchild (a single components manufacturer) to explain he had also been developing a similar integrated circuit. Noyces circuit featured multiple components on a silicon substrate that were connected via gold wires adherent to an oxide layer. Fearing being left behind in the microchip market Fairchild filed a shield patent with Noyces design and picture (similar to a modern day circuit board), in July of 1959. Noyces patent clearly used the words adherent to to describe the gold wires connecting each component. Kilby v. Noyce Both patents were granted giving sole rights to each party. This sometimes occurs, as there are many different patent examiners doing dozens of patents per year. The cases are then handled by Board of Patent interferences who told both Noyce and Kilby to produce evidence describing the first time they had thought of the idea. Kilby produced a lab notebook sketch dated 1958 while Noyces dated 1959. This granted Kilby exclusive rights and forced Noyces lawyers to find something wrong with Kilbys patent. The solution for Noyce came in the crude drawing of the circuit board as well as the description gold will be laid down on to the oxide layer. At first attempt (1967) the board was not impressed with the argument saying Kilbys drawing and dialog were good enough, however, upon appeal (1969) the court reversed the ruling and granted exclusive rights to Fairchild and Noyce after expert testimony that the words laid down on were not scientifically specific enough to describe the process. Ultimatum Ultimately the rights were split equally between Texas Instruments and Fairchild as a meeting in 1966 (before any opinions had been filed) between the executives of each company ruled both men had taken part in creating the integrated circuit. Eventually both men would split equal credit from the community and would be rewarded through several scientific honors including the Nobel Prize. I do not agree with the courts ruling as I believe, as the board did, that Kilbys words were good enough.

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