Static timing analysis (STA) is a simulation method of computing the expected timing of a digital circuit without requiring a simulation of the full circuit. This complicated area of measuring effective timing and power characterization flows in asynchronous circuits is often the basis of patent applications. The code of these complicated analytical tools also forms the basis of copyrights and copyright applications.

The Northern California jury’s award yesterday to Synopsys of $30 million against ATopTech was not on the basis of a patent infringement but for copyright infringement. The software of ATopTech’s product “Aprisa” infringes the Synopsys product “Prime Time”; and the jury awarded the damages allowed under the Copyright Act of the summation of the profits that ATopTech generated ($22 million) plus the lost profits that Synopsys failed to accrue by reason of the infringement ($8.2 million) for a total exceeding $30 million.

This case represents a trend in the intellectual property world post-Alice. Since June of 2014 when the Supreme Court struck down the patents in Alice for “abstractness”, the successful enforcement of patents has proven unpredictable. Over 70 percent of the patents in inter partes disputes have been found invalid — a new low water mark for patent enforceability in the U.S. As a consequence, intellectual property portfolio owners have moved the basis of their enforcement actions from patents (where the result is less certain) to copyrights where the result, as seen today in the Synopsys case, is more predictable and for sizable awards.