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April 2001

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From:
"LW Foo (A_Engineering)" <[log in to unmask]>
Reply To:
Leadfree Electronics Assembly E-Mail Forum.
Date:
Mon, 23 Apr 2001 09:13:20 +0800
Content-Type:
text/plain
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text/plain (376 lines)
Hi , Angela.
This is LW Foo, I also do not want to catch by the patent right while using
the lead free SnAgCu composition, I would very appreciated if you can tell
me who are the licensing vendor that currently supplied. Currently I am
getting the SnAgCu leadfree solder spheres from Alphametal (Cookson group)
is that a licensing vendor? pls advise further...

Thanks & Regards

L.W.Foo
Engineer - Advanced Technology
Foo Loke Whong
Carsem Semiconductor Sdn Bhd
Email id : [log in to unmask]
Phone : +(6 05) 5262333       Ext : 530
Fax : +(6 05) 5265333



> ----------
> From:         Angela Grusd[SMTP:[log in to unmask]]
> Reply To:     Leadfree Electronics Assembly E-Mail
> Forum.;[log in to unmask]
> Sent:         Saturday, April 21, 2001 5:17 AM
> To:   [log in to unmask]
> Subject:      Re: [LF] Sn-Ag-Cu Patent
>
> David,
> That's okay.  I think you bring up a good point actually.  And maybe going
> over the alloy history is something worthwhile.  To be honest, I don't
> like to be caught up in these patent skirmishes that have come up over and
> over...for the past maybe 5 years.  It got real old real fast and seemed
> to be a waste of my time.  As a researcher, I was better off gathering
> data on the alloy.
>
> But so here it is.  I was working with Dr. Notis at Lehigh and also taking
> his graduate Phase Equilibria course Mat 495.  Dr. Notis and I were
> studying the Sn-Ag-Bi phase diagrams outside of class because that was my
> initial area of lead free research and alloy development.  In class, each
> student had to select a unique ternary alloy system and present it to the
> class and well as write a paper for the final.  I could have chosen the
> Sn-Ag-Bi but I saw it as an opportunity to learn something new so I picked
> Sn-Ag-Cu.  I did a literature search and found the Petzow paper and also
> the Ames paper.  I was more interested in Petzow's work because wow here
> was this wonderful quasi binary eutectic that had not been further
> evaluated. I thought it was the perfect choice for alloy development as
> did Dr. Notis and my boss, the Technical Director at Heraeus.  So I
> presented the Sn-Ag-Cu ternary system to the class including
> microstructures and DSC curves and got an A.  You know, it's unfortunate
> that we get so caught up in things like patent issues that it becomes hard
> for us to believe that a company could just develop an alloy because
> scientifically it made sense.  I make that as a general observation and
> nothing personal.
>
> Regarding you copper question:  good question.  I would think it might
> revert to the solubility limit of Cu in that alloy.  It might be 0.7%Cu
> but again I would refer to the phase diagram and do some experiments.  The
> alloy should pick up some copper based on my experiments with copper wires
> but I didn't analyze the final composition because that was not my goal
> for that particular experiment.  Compositional analysis of the solder
> joints on the PCB's that were built with that alloy would be needed.  The
> surface finish on the board might make a difference--immersion silver
> versus Entek, for example.  And you would have to take into account the
> compositional variations--whether or not the new alloy was homogenous.
> And then there is the lead finish material to take into account.  Without
> as much copper in the joining materials, you definitely would reduce the
> amount of copper that the alloy could pick up.  That would be a good area
> to research and the patent question may warrant that type of research.
> Have a good weekend!
> Angela
>
> -----Original Message-----
> From: David Suraski [mailto:[log in to unmask]]
> Sent: Friday, April 20, 2001 1:38 PM
> To: [log in to unmask]; [log in to unmask]
> Subject: Re: [LF] Sn-Ag-Cu Patent
>
>
> Angela,
>
> Couldn't copper pick-up after soldering put it in range?
>
> I in no way tried to offend you.  Clearly it's an excellent alloy.  That
> comment was an afterthought and, to be honest, a common misperception in
> the industry.  I had no idea that you designed the alloy.  I'm glad you
> responded to clear up the air and I apologize for offending you.
>
> David
>
>       ----- Original Message -----
>       From: [log in to unmask]
>       To: [log in to unmask] ; [log in to unmask]
>       Sent: Friday, April 20, 2001 3:27 PM
>       Subject: RE: [LF] Sn-Ag-Cu Patent
>
>
>       Two more points
>       1.  It is relevant to patent attorneys that the Cu% is OUTSIDE the
> patented range.
>       2.  The alloy Sn/4Ag/0.5Cu was designed by myself at Heraeus and was
> in no way "designed to circumvent any patent" thank you very much!  The
> alloy was designed with that composition because it is the reported quasi
> binary eutectic if you look at the phase diagram that was developed in the
> 1950's by Petzow.  As a researcher, phase diagrams are invariably referred
> to in alloy design.  The alloy was designed with that composition because
> all material scientists are taught that the eutectic composition will
> result in the most favorable properties.  Data gathered on the alloy in
> bulk and solder paste form indicate that it does indeed have good
> properties.
>       Angela
>       -----Original Message-----
>       From: David Suraski [mailto:[log in to unmask]]
>       Sent: Friday, April 20, 2001 12:55 PM
>       To: [log in to unmask]
>       Subject: Re: [LF] Sn-Ag-Cu Patent
>
>
>       Thanks for the replies.  Two points:
>
>       1.      Even if the alloy has been determined to be "free and clear"
> by several patent attorneys, this has not occurred in a court of law.  As
> of now the patent still holds and is legally binding.
>       2.      This patent has both alloy composition and application
> coverage.  In other words, if prior art can be proven it may be possible
> to beat the alloy composition section of the patent; however, it will also
> be necessary to challenge the application side that claims a unique use
> for soldering electronics assemblies. From what I understand, this section
> of the Ames Lab/Iowa State patent (# US05527628) is probably enforceable
> and could potentially result in patent infringement.  Basically, this
> means that even if a manufacturer is using an alloy designed to circumvent
> the patent (such as Sn/Ag4/Cu0.5), if during manufacturing the alloy
> "picks up" base metals (normally copper) and forms an intermetallic that
> contains the elements covered under a patent, the manufacturer has
> violated that patent and may be subject to legal action.  This section of
> the patent seems far less challengeable.
>
>       I would be curious to hear IPC's position on this issue, as well as
> that of the holder(s) of this patent.
>       David
>       ----- Original Message -----
>       From: "Angela Grusd" < [log in to unmask]>
>       To: < [log in to unmask]>
>       Sent: Friday, April 20, 2001 2:35 PM
>       Subject: Re: [LF] Sn-Ag-Cu Patent
>
>
>       > But keep in mind that the Sn/4Ag/0.5 Cu alloy has been determined
> to be
>       > "free and clear" by several patent attorneys based on the prior
> art in the
>       > 1950's as well as physically being outside the Ames patent.  This
> is a fact.
>       > The most intelligent thing to do would be to have your attorney
> look at the
>       > patents as well as their patent history that is available and look
> at the
>       > prior art (Gunter Petzow) and make the decision from that
> standpoint.
>       > Angela
>       >
>       > -----Original Message-----
>       > From: Charles Dolci [mailto:[log in to unmask]]
>       > Sent: Friday, April 20, 2001 11:44 AM
>       > To: [log in to unmask]
>       > Subject: Re: [LF] Sn-Ag-Cu Patent
>       >
>       >
>       > Like most news articles it doesn't say a heck of a lot. All one
> can glean
>       > from
>       > this article is that the two parties fighting over patent rights
> have
>       > resolved
>       > their differences. Nothing in the article says that the patent
> holders will
>       > actually start licensing the technology to anyone. And, of course,
> it
>       > doesn't
>       > say what the royalties will be if they do start licensing the
> technology. So
>       > in
>       > addition to increased materials costs (I assume silver and copper
> are more
>       > expensive than lead) solder makers will have to pay a royalty to
> the patent
>       > holders (unless Senju Metal and Matsushita Electric decide to be
> altruistic
>       > and
>       > not charge a royalty)
>       > Note also that the article says "The move makes it possible for
> __Japanese
>       > equipment manufacturers__ to purchase Sn-Ag-Cu solder from Senju
> Metal,
>       > Nihon
>       > Superior or any vendors licensed by both companies..." It says
> nothing about
>       > non-Japanese OEM's or the licenses from the US patent holders
> (although that
>       > may
>       > be because the article originated in Japan and was aimed at a
> Japanese
>       > audience??).
>       >
>       > Nor does it say what rights the US patent holders obtained from
> the Japanese
>       > patent holders. However, I suspect that cross license agreements
> were
>       > negotiated
>       > since that is the common way these disputes are resolved so that
> the US
>       > patent
>       > holders can license whatever they got from the Japanese patents.
>       >
>       > On the issue of sublicensing - that is not likely to be relevant
> to OEMs. If
>       > Senju Metal grants a license to ABC Solder Co. Ltd. anyone who
> buys solder
>       > from
>       > ABC Solder will be deemed to have a "license" and will not need to
> get
>       > seperate
>       > licences from Senju; otherwise the license from Senju to ABC would
> be
>       > meaningless.
>       > I don't know what the rules are in Japan, so the Japanese patent
> rights
>       > holders
>       > may be able to discriminate against certain solder makers in
> granting or
>       > withholding licenses. In the US, even though a patent is a stae
> granted
>       > monopoly, if a holder of a patent does decide to license the
> technology it
>       > can
>       > not do so in a way the restricts competition (i.e. its licensing
> practices
>       > can
>       > not violate the US anti-trust laws). In other words they can not
> use the
>       > state
>       > granted monopoly in a monopolistc way. [Don't worry, it makes no
> sense to me
>       > either]
>       > As an aside, since both US patent holders are taxpayer funded
> institutions
>       > there
>       > may be certain rules that apply to how they can exploit their
> patent rights.
>       > I
>       > will make some enquiries among my Intellectual Property
> colleagues.
>       >
>       > Chuck Dolci
>       > Director, Environment, Health & Safety
>       >
>       > *MIME-Version: 1.0
>       > *X-Priority: 3
>       > *X-MSMail-Priority: Normal
>       > *X-MimeOLE: Produced By Microsoft MimeOLE V5.50.4133.2400
>       > *From: David Suraski < [log in to unmask]>
>       > *Subject: [LF] Sn-Ag-Cu Patent
>       > *To: [log in to unmask]
>       > *
>       > *Hi All,
>       > *
>       > *I found the press release below while on IPC's leadfree site.
> Could
>       > *someone please explain what this means?  Has the patent been
> opened up
>       > *or do manufacturers in Japan now need to sub-license the alloy?
>       > *
>       > *Does this do anything to resolve the potential patent issues
> surrounding
>       > *the use of a Sn-Ag-Cu alloy in the U.S. or importing these
> assemblies
>       > *into the U.S.(except for from Japan)?
>       > *
>       > *Thanks,
>       > *
>       > *David
>       > *
>       > *Pb-Free Solder Patent Problems Finally Resolved
>       > *
>       > *Senju Metal Industry Co, Ltd, and Nihon Superior Co, Ltd, have
> resolved
>       > *their patent dispute concerning Sn-Ag-Cu-based Pb-free solder.
> Rights
>       > *held by Senju Metal and Matsushita Electric Industrial Co, Ltd,
> and
>       > *other rights held by Nihon Superior and the US Department of
> Energy's
>       > *Ames Laboratory at Ohio State University, have been unified into
> a set
>       > *for licensing to other solder manufacturers.
>       > *
>       > *The move makes it possible for Japanese equipment manufacturers
> to
>       > *purchase Sn-Ag-Cu solder from Senju Metal, Nihon Superior or any
> vendors
>       > *licensed by both companies, and to sell equipment products in
> both Japan
>       > *and America without fears of infringement.
>       > *
>       > *The problem stemmed from the fact that Senju Metal and Matsushita
>       > *Electric were granted the patent in Japan, while the Ames
> Laboratory
>       > *held patent rights in the US, meaning that neither side could
> sell in
>       > *the other country.
>       > *
>       > *Sn-Ag-Cu solder is the most promising Pb-free solder, and the
> decision
>       > *to unify rights is expected to accelerate its adoption by
> manufacturers
>       > *as the "standard" lead-free material.
>       > *
>       > *(April 2001 Issue, Nikkei Electronics Asia)
>       > *
>       >
>       >
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