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[Bloomberg 特稿]華為涉嫌偷盜AKhan鑽石玻璃技術 FBI襲擊華...

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發表於 2019-2-5 06:41:45 |顯示全部樓層
本帖最後由 jojo2016 於 2019-2-5 07:32 編輯

華為涉嫌偷盜AKhan鑽石玻璃技術  FBI華為聖地牙哥設施

[Bloomberg 特稿]
February 4, 2019 4:00pm

The sample looked like an ordinary piece of glass, 4 inches square and transparent on both sides. It’d been packed like the precious specimen its inventor, Adam Khan, believed it to be—placed on wax paper, nestled in a tray lined with silicon gel, enclosed in a plastic case, surrounded by air bags, sealed in a cardboard box—and then sent for testing to a laboratory in San Diego owned by Huawei Technologies Co. But when the sample came back last August, months late and badly damaged, Khan knew something was terribly wrong. Was the Chinese company trying to steal his technology?

The glass was a prototype for what Khan’s company, Akhan Semiconductor Inc., describes as a nearly indestructible smartphone screen. Khan’s innovation was figuring out how to coat one side of the glass with a microthin layer of artificial diamond. He hoped to license this technology to phone manufacturers, which could use it to develop an entirely new, superdurable generation of electronics. Akhan says Miraj Diamond Glass, as the product is known, is 6 times stronger and 10 times more scratch-resistant than Gorilla Glass, the industry standard that generates about $3 billion in annual sales for Corning Inc. “Lighter, thinner, faster, stronger,” says Khan, in full sales mode. Miraj, he promises, will lead to a “fundamental next level in design.”

Like all inventors, Khan was paranoid about knockoffs. Even so, he was caught by surprise when Huawei, a potential customer, began to behave suspiciously after receiving the meticulously packed sample. Khan was more surprised when the U.S. Federal Bureau of Investigation drafted him and Akhan’s chief operations officer, Carl Shurboff, as participants in its investigation of Huawei. The FBI asked them to travel to Las Vegas and conduct a meeting with Huawei representatives at last month’s Consumer Electronics Show. Shurboff was outfitted with surveillance devices and recorded the conversation while a Bloomberg Businessweek reporter watched from safe distance.

This investigation, which hasn’t previously been made public, is separate from the recently announced grand jury indictments against Huawei. On Jan. 28, federal prosecutors in Brooklyn charged the company and its chief financial officer, Meng Wanzhou, with multiple counts of fraud and conspiracy. In a separate case, prosecutors in Seattle charged Huawei with theft of trade secrets, conspiracy, and obstruction of justice, claiming that one of its employees stole a part from a robot, known as Tappy, at a T-Mobile US Inc. facility in Bellevue, Wash. “These charges lay bare Huawei’s alleged blatant disregard for the laws of our country and standard global business practices,” Christopher Wray, the FBI director, said in a press release accompanying the Jan. 28 indictments. “Today should serve as a warning that we will not tolerate businesses that violate our laws, obstruct justice, or jeopardize national and economic well-being.” Huawei has denied the charges.

If the new investigation bears fruit, it could, along with the indictments, bolster the Trump administration’s effort to block Huawei from selling equipment for fifth-generation, or 5G, wireless networks in the U.S. and allied nations. The U.S. believes Huawei poses a national security threat, in part, because it could build undetectable backdoors into 5G hardware and software, allowing the Chinese government to spy on American communications and wage cyberwarfare. Huawei has said this is political posturing aimed at harming a Chinese company, and skeptics have pointed out that the T-Mobile allegation has since been settled in civil court and concerns events that played out more than a half-decade ago. “If Tappy is as far as they’ve gotten on [intellectual property] theft, that seems to be pretty thin gruel,” Adam Segal, a cybersecurity expert at the Council on Foreign Relations told the Washington Post recently.

On the same day Wray’s statement was released, the government searched the Huawei lab in San Diego where Akhan’s glass had been sent. The FBI raid was a secret, but not to Khan and Shurboff, who’d been receiving regular briefings of the investigation’s progress through Akhan’s lawyer, Renato Mariotti, a well-known former prosecutor who’s now a partner at Thompson Coburn LLP. By then, they’d succeeded in getting Huawei representatives to admit, on tape, to breaking the contract with Akhan and, evidently, to violating U.S. export-control laws. Huawei did not respond to repeated requests for comment. This story is based on documents—including emails and text messages exchanged among Huawei, Akhan, and the FBI—as well as reporting from the sting operation in Las Vegas and interviews with Khan and Shurboff. Businessweek shared a detailed account of the investigation with the U.S. Attorney’s Office for the Eastern District of New York, which declined to comment. The FBI also declined to comment.

Khan’s work on diamond glass goes back to his college days, when he began learning about so-called nanodiamonds as a 19-year-old electrical engineering and physics student at the University of Illinois at Chicago. After graduation, he ran experiments at the Stanford Nanofabrication Facility and teamed up with researchers at the U.S. Department of Energy’s Argonne National Laboratory, eventually developing and patenting a way to deposit a thin coating of tiny diamonds on materials such as glass. He also licensed diamond-related patents for Akhan from the Argonne lab in 2014. By the following year, Khan was confident enough to start promoting his new technology. He joined the conference circuit, began giving interviews to trade publications, and hired Shurboff, who’d spent 25 years in various roles at Motorola Inc. It was time, Khan believed, to go to market.

In the smartphone world, extra-strong display glass is a competitive advantage, like a fast processor or a really good camera. It’s been that way ever since Steve Jobs picked Corning to supply a screen for the first iPhone more than a decade ago. Reviewers marveled that the device could be shoved into a pocket full of keys and coins and its then-giant display would come out unscathed. To take on Corning, Akhan needed to convince the world’s big smartphone manufacturers—including Apple, Samsung, and Huawei—that its diamond-coated glass was even tougher than Gorilla Glass. In 2016, Shurboff began sending out samples from Akhan’s production facility in Gurnee, Ill., a Chicago suburb. He shipped the first one to Samsung; another early sample went to Huawei.

Even then, before Trump’s trade war and the indictments, the Huawei name carried plenty of baggage. In 2002, Cisco Systems Inc. accused the company of stealing source code for its routers. Motorola said in a 2010 lawsuit that Huawei had successfully turned some of its Chinese-born employees into informants. And in 2012 the U.S. House Intelligence Committee labeled Huawei a national security threat and urged the government and American businesses not to buy its products. Huawei denied all the claims. The Cisco and Motorola lawsuits ended with settlements.

Since 2012, under pressure from the government, the major U.S. telecommunications companies have essentially blacklisted Huawei, refusing to carry its smartphones or use its equipment in their networks. But most of the world kept on buying from Huawei, choosing not to believe (or to ignore) the allegations that the company has consistently denied. At the same time, U.S. tech companies have remained free to sell parts to Huawei. Qualcomm Inc. is one of Huawei’s big suppliers. So are Micron Technology Inc. and Intel Corp.

So there was nothing out of the ordinary when an email from Huawei came to Akhan on Aug. 8, 2016. The sender was Angel Han, a Huawei engineer in San Diego. In email exchanges and calls that followed, Han conveyed a sense of urgency. In one email on Nov. 7, 2016, Han said Huawei was “actively looking for new technologies for our innovative product in this fast pace [sic] consumer electronics industry,” according to a copy reviewed by Businessweek. “Vendor’s capability to move fast and deliver is also crucial for us.” Reached on a mobile phone number that appeared on text messages exchanged with Akhan, a woman who identified herself as Angel Han denied knowing anyone at Akhan; then, when she was presented with specific details about interactions with Akhan, she said, “I can’t recall.” Then she hung up.

By February 2017, the two companies had a deal. Akhan would ship two samples of Miraj to Huawei in San Diego. According to a letter of intent, signed by both parties, Huawei promised to return any samples within 60 days and also to limit any tests it might perform to methods that wouldn’t cause damage. (The latter provision is standard in the industry and is designed to make it hard to reverse-engineer any intellectual property.) Shurboff noted in documents he sent to Han that Huawei had to comply with U.S. export laws, including provisions of the International Traffic in Arms Regulations, or ITAR, which govern the export of materials with defense applications. Diamond coatings are on the list because of their potential for use in laser weapons.  

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Khan and Shurboff decided early on that Akhan would license the first generation of its Miraj glass to a single handset maker, hoping the promise of exclusivity would give their startup some leverage. Huawei, Khan says, indicated it was eager to stay in the race, and on March 26, 2018, Akhan shipped an improved sample to Han. “We were very optimistic,” Khan says. “Having one of the top three smartphone manufacturers back you, at least on paper, is very attractive.”

The first sign of trouble came two months later, in May, when Huawei missed the deadline to return the sample. Shurboff says his emails to Han requesting its immediate return were ignored. The following month, Han wrote that Huawei had been performing “standard” tests on the sample and included a photo showing a big scratch on its surface. Finally, a package from Huawei showed up at Gurnee on Aug. 2.  

Shurboff remembers opening it. It looked just like the package Akhan had sent months earlier. Inside the cardboard box was the usual protective packaging—air bags, plastic case, gel insert, and wax paper. But he could tell something was wrong when he picked up the case. It rattled. The unscratchable Miraj sample wasn’t just scratched; it was broken in two, and three shards of diamond glass were missing.

Shurboff says he knew there was no way the sample could have been damaged in shipping—all the pieces would still be there in the case. Instead, he believed that Huawei had tried to cut through the sample to gauge the thickness of its diamond film and to figure out how Akhan had engineered it. “My heart sank,” he says. “I thought, ‘Great, this multibillion-dollar company is coming after our technology. What are we going to do now?’”

The packaging for Akhan’s Miraj Diamond Glass.PHOTOGRAPHER: LYNDON FRENCH FOR BLOOMBERG BUSINESSWEEK
Shurboff’s first call was to Khan. Then he went to the FBI, which had been cultivating relationships with even the smallest American tech companies as part of a crackdown on Chinese theft of intellectual property. Eight months earlier, in January 2018, a male FBI special agent in Chicago had paid a visit to Akhan in Gurnee. According to Shurboff, the agent told him that the bureau was hoping to educate local startups on cybercrime and security vulnerabilities and to encourage them to come forward with suspicious activity. The FBI specifically was trying to gather intelligence on Chinese efforts to obtain U.S. technology, the agent told Shurboff.

The conversation stuck in Shurboff’s mind. That August, two weeks after receiving the broken glass from Huawei, he drove down to the FBI’s Chicago field office, which was holding a seminar for area executives on corporate espionage. Shurboff watched as a female special agent discussed the case in which Huawei allegedly stole trade secrets from T-Mobile  in 2012. During a break, Shurboff approached the agent and told her what had happened to Akhan. He mentioned that diamond coating was an ITAR-regulated material with defense applications and raised the possibility that the sample had been in the wrong hands. In addition to its work on smartphone glass, Akhan had been adapting its diamond technology for semiconductors and the military.

To many, Shurboff’s story might have sounded far-fetched. Not to the FBI. “They took a very keen interest immediately and wanted to know more,” he says. Things moved quickly. The Akhan executives found themselves on regular conference calls with officials from the FBI and the U.S. Department of Justice. Taking the lead on several of these calls was David Kessler, the assistant U.S. attorney in Brooklyn who, it turned out later, would prosecute Huawei’s CFO.

The two FBI agents picked up the broken sample in Gurnee and delivered it to the FBI’s research center in Quantico, Va. When Khan and Shurboff joined the group on a subsequent call, an FBI expert in forensic gemology briefed them on his findings. They recall the gemologist saying he’d analyzed the diamond glass sample and concluded that Huawei had blasted it with a 100-kilowatt laser, powerful enough to be used as a weapon.

Throughout the fall of 2018, the FBI agents asked Khan and Shurboff for emails, copies of non-disclosure agreements, letters of intent, shipping records, even the box Huawei used to return the sample that summer. The FBI had another request, too: Would they re-establish contact with Angel Han, the Huawei engineer?

On Dec. 10, while the FBI listened in, Shurboff and Khan say they spoke to Han by phone, quizzing her about the broken sample of diamond glass. What happened during the tests? Why were shards missing? Han told them she didn’t know, because the sample had been in China and was shipped directly to Akhan from there. This was potentially a criminal violation of ITAR rules, but Han didn’t seem to realize or care. And instead of backing off, Han said Huawei wanted to continue talks about becoming Akhan’s first customer and proposed a face-to-face meeting a few weeks later at the Consumer Electronics Show in Las Vegas. She even offered to bring along a senior Huawei official from Shenzhen. Khan and Shurboff were flabbergasted. It was hard to tell who was playing whom.

The Akhan executives arrived in Las Vegas on Tuesday, Jan. 8, and checked in at the Mandalay Bay Resort & Casino. They’d arranged to meet Han and her colleague the following afternoon at 3 p.m. If all went according to plan, that would be the sting. The female FBI agent from Chicago, who’d flown in to oversee the operation, explained to Khan and Shurboff in text messages how it would work: The bureau was securing a room at the Las Vegas Convention Center, where the CES conference was taking place. It would be bugged, so the FBI could listen in from another location in the building. Shurboff brought signage to make it look like Akhan had rented the space.

At about noon on Jan. 9, the agent met with the Akhan executives and gave Shurboff three different covert recording devices to wear and carry as a backup plan. Shurboff texted Han: “We have a nice quiet conference room right off the Grand Hall if you like to meet there.” He noted it wasn’t far from the Huawei booth at CES. But at 2 p.m., Han responded by text, saying that she was at the Venetian Casino and couldn’t leave for at least another hour. That was a problem, because the FBI had the room for a limited time. Shurboff told Han to stay at the Venetian. He and Khan would meet her there.

They arrived just before 3 p.m. and texted Han a picture of their location, on the second floor of the Venetian by the escalator, right in front of Sin City Brewing. Khan was casually dressed in a dark peacoat, black button-up shirt, gray pants, and sneakers. Shurboff’s attire was more businesslike: a light blue dress shirt, gray sports jacket, black trousers, and brand-new leather shoes. Han showed up at 3:20 p.m. with a woman who introduced herself as Jennifer Lo, a senior supply manager with Huawei in Santa Clara, Calif. (The Shenzhen-based Huawei executive hadn’t come, they explained, because the company wasn’t allowing its senior Chinese executives to travel to the U.S.) The four of them chatted briefly, walked toward the food court at the Venetian, and took seats around a table at a Prime Burger. The Businessweek reporter watched from about 100 feet away, in front of a gelato stand. Khan and Shurboff had expected to conduct the sting in the safety and quiet of the FBI’s room at CES. Now, total rookies in the intelligence game, they had to remain calm while recording the conversation with Huawei in a noisy, crowded restaurant.

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The hope had been that Lo, whom Khan guessed was in her early 40s, would have more to say about the destruction of Akhan’s sample and why Huawei was so interested in diamond film technology. Khan recalls her asking questions about the manufacturing capacity at Akhan’s pilot facility in Gurnee. She acknowledged that the sample glass had been to China but disputed that this had been an ITAR violation. Huawei had checked, and it was OK, she said. There was some tension, and at one point, Lo startled Khan and Shurboff by wondering aloud if the U.S. government was monitoring their meeting. As for the damaged sample, Lo, like Han, claimed ignorance. She was there to make sure Huawei still had a shot at being the first company to put diamond glass on a smartphone. If Akhan walked away, she said she might lose her job. (Reached on the mobile phone number on her Huawei business card, Lo confirmed her identity and said she was at CES to “meet with some suppliers.” When asked about the destruction of the sample and the alleged shipment to China she said, “I’m not involved and cannot comment on this.”)

Over the next few days, Khan received an unsettling piece of news. During the Prime Burger meeting, Shurboff had coincidentally run into representatives from another big potential customer for Miraj glass. Feeling uneasy in his role as an FBI asset, he’d curtly brushed them off to return to the discussion with Huawei. Now the other customer seemed concerned that Akhan was trying to start a bidding war. Khan was determined not to lose a promising lead. Previously, he’d asked Businessweek to withhold the details of the sting operation until the government moved to indict Huawei or arrest someone. But, eager to explain the encounter at the Prime Burger and clear up any confusion, he’d changed his mind and decided to go public with Akhan’s story, as well as issue a statement about its cooperation with the FBI. “Akhan takes seriously any unlawful use of its technology,” an embargoed copy of the statement reads. The company, “will continue to cooperate with law enforcement and work towards an expedient resolution to this matter.”

The FBI raided Huawei’s San Diego facility on the morning of Jan. 28. That evening, the two special agents and Assistant U.S. Attorney Kessler briefed Khan and Shurboff by phone. The agents described the scope of the search warrant in vague terms and instructed Khan and Shurboff to have no further contact with Huawei.


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發表於 2019-2-5 06:47:45 |顯示全部樓層
本帖最後由 jojo2016 於 2019-2-5 06:53 編輯

視頻:   

Inside the Huawei Sting
https://www.bloomberg.com/news/videos/2019-02-04/inside-the-huawei-sting-video  

FBI Sting: Did Huawei Try to Steal Tech Secrets?
https://www.bloomberg.com/news/videos/2019-02-04/fbi-sting-did-huawei-try-to-steal-tech-secrets-video



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發表於 2019-2-5 09:02:45 |顯示全部樓層
jojo2016 發表於 2019-2-5 06:47
視頻:   

Inside the Huawei Sting

jojo, this story is like watching a movie, too bad the agents are not as resourceful as the IMF

美國一家半導體公司表示,最近與美國聯邦執法部門合作,參與了針對中國華為公司涉嫌竊取知識產權的調查行動。這家公司懷疑,華為試圖竊取他們公司研發的一種玻璃技術。

彭博商業周刊報導說,為了調查,美國聯邦調查局設局尋找華為涉嫌犯罪的證據。

總部在美國伊利諾伊州的初創公司Akhan星期一(2月4日)在一份聲明中說,公司最近參與了一項聯邦調查行動,調查看起來是華為竊取知識產權的行為。聲明說,華為從該公司訂了含有專利技術的玻璃屏幕樣品,但是未按照協議完璧歸還樣品,而是破壞了樣品,並對樣品做了未經協議授權的測試。聲明說,樣本還在未經授權的情況下運到了中國。

聲明說,Akhan公司嚴肅對待任何非法使用本公司技術的做法,而且不會容忍任何試圖竊取公司財產的行為,並將繼續與執法部門合作,力圖盡快解決此事。

Akhan公司研發的玻璃名為“米拉吉鑽石玻璃”(Miraj Diamond Glass),可以用於生產手機等電子產品的屏幕。公司說,這種玻璃的強度是目前行業領先玻璃產品的六倍,防刮性是十倍。

據彭博商業周刊星期一報導,在Akhan公司2017年懷疑華為試圖竊取其玻璃專利技術之後,聯繫了美國聯邦調查局(FBI),並配合FBI的調查工作。公司提供了公司與一位華為代表的往來電子郵件和短信,並在FBI的要求下,重新與這名代表建立聯繫,並錄下了通話。在這次通話中,華為代表表示華為希望繼續與Akhan公司磋商並提議在今年1月的拉斯維加斯電子消費展期間面對面談。

報導說,Akhan公司創始人亞當·汗(Adam Khan)和首席運營官卡爾·舒博夫(Carl Shurboff)按FBI的要求帶著秘密攝像頭赴約,在一個漢堡店與華為的代表以及與她一同前來的美國同事見了面,並將會面情況錄了下來。

據彭博的報導,華為代表聲稱對樣品為何會受損不知情,並否認違反了美國的國際武器貿易條例。Akhan公司研發的玻璃中含有能應用於國防設備製造的鑽石,屬於美國的出口管製材料。

報導說,這項調查獨立於美國上星期對華為及其首席財務官孟晚舟提出的指控,但在指控當天,美國當局突襲了華為位於聖地亞哥的實驗室,這裡也是Akhan公司樣品寄達的目的地。

FBI的這項調查目前還沒有結論。彭博的報導認為,如果找到華為竊取美國企業知識產權的證據,將為特朗普政府試圖阻止華為在美國及盟國銷售5G設備提供支持。

美國認為,華為對美國及其盟友的國家安全構成威脅,理由是中國政府能夠要求華為在其設備中安插“後門”,實施間諜行為。華為對此予以否認。

美國總統特朗普的堅定支持者、前眾議院議長紐特·金里奇(Newt Gingrich)星期一在一篇評論文章中說,華為只是一家與中國共產黨政府關係密切的公司,還有很多中國公司可能會利用不道德的手段控制未來的技術,對美國安全構成威脅。他認為,華為事件不是孤立事件,而是反映了中國政府利用一切可能的手段推進其目的的總體戰略(collective strategy)。

金里奇認為,美國對華為提出的指控是向華為和中國發出警告:任何試圖靠作弊來推動削弱美國價值觀、安全或利益的做法一定不會得到容忍。

https://www.voachinese.com/a/fbi-reportedly-carried-out-sting-operation-on-huawei-at-burger-joint-20190204/4772275.html
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發表於 2019-2-5 11:52:21 |顯示全部樓層
利瓦仔 發表於 2019-2-5 09:02
jojo, this story is like watching a movie, too bad the agents are not as resourceful as the IMF

...

難以辯解的一項 :    「......樣本還在未經授權的情況下運到了中國。......
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發表於 2019-2-5 21:32:43 |顯示全部樓層
S820 發表於 2019-2-5 11:52
難以辯解的一項 :    「......樣本還在未經授權的情況下運到了中國。......」 ; ...

師兄,華為員工話公司check 過話OK 喎,至於點解鑽石內層被打爛盜取則話我唔知噃

She acknowledged that the sample glass had been to China but disputed that this had been an ITAR violation. Huawei had checked, and it was OK, she said.

There was some tension, and at one point, Lo startled Khan and Shurboff by wondering aloud if the U.S. government was monitoring their meeting. As for the damaged sample, Lo, like Han, claimed ignorance.

She was there to make sure Huawei still had a shot at being the first company to put diamond glass on a smartphone. If Akhan walked away, she said she might lose her job. (Reached on the mobile phone number on her Huawei business card, Lo confirmed her identity and said she was at CES to “meet with some suppliers.”

When asked about the destruction of the sample and the alleged shipment to China she said, “I’m not involved and cannot comment on this.”)
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發表於 2019-2-5 23:43:13 |顯示全部樓層
本帖最後由 正合奇 於 2019-2-5 23:47 編輯

FBI突襲華為在美實驗室 調查內幕如007電影

1月28日,在美國司法部宣布起訴華為及孟晚舟等被告的同時,聯邦調查局(FBI)在加州聖地亞哥突襲搜查了華為實驗室,調查該公司是否意圖竊盜美國初創企業Akhan半導體公司擁有的鑽石玻璃技術。

FBI的這項調查已進行了幾個月,今年一月初,Akhan半導體公司高管配合FBI對華為的「執法圈套」(Sting Operation,又稱釣魚執法)行動,在拉斯維加斯與兩名華為員工會面。

Akhan半導體公司從懷疑華為意圖盜竊該公司技術、告知FBI,以及配合FBI調查,整個過程猶如好萊塢007電影,彭博社「商業週刊」(Businessweek)不僅獲得該公司提供的內幕,而且從遠方觀看一月初的釣魚行動,並在Akhan公司的同意下於2月4日報導整個過程。以下是重點摘要。

Akhan創始人發明鑽石玻璃專利

Akhan半導體公司創始人亞當‧卡漢(Adam Khan)就讀於伊利諾伊大學(University of Illinois)時專注學習電子工程及物理,畢業後繼續從事研究工作,並在2014年獲得鑽石玻璃專利。

卡漢發明的Miraj鑽石玻璃,可用於智能手機屏幕,厚度比目前康寧公司(Corning Inc.)第五代「大猩猩玻璃」(Gorilla Glass)薄800 倍,強度大6倍,耐刮性強10倍。

此外,鑽石玻璃亦可以用於激光武器,是國防武器出口管制的重要項目。以大猩猩玻璃可以為康寧公司每年帶來30億美元銷售額來看,Akhan公司的Miraj鑽石玻璃的銷售前景將更為可觀。

卡漢表示,Miraj鑽石玻璃「更輕、更薄、更快、更強,是下世代設計的基礎」。

Akhan計劃將專利獨家授權給智能手機製造商

在推出這款人工玻璃後,Akhan公司計劃獨家授權給智能手機企業。與其他發明家一樣,在尋找潛在客戶時,卡漢小心翼翼地避免不肖者仿冒他的技術。然而,即便如此,在他發現潛在客戶華為或有盜竊意圖時仍然感到意外。

2015年,卡漢相信是Miraj鑽石玻璃正式上市的時候。他在伊利諾伊州芝加哥郊區Gurnee開辦Akhan半導體公司、僱用在摩托羅拉公司工作25年的卡爾‧蘇爾伯弗(Carl Shurboff),並向蘋果、三星和華為等智能手機製造商推銷Miraj鑽石玻璃。

2016年,蘇爾伯弗開始將Akhan生產的新世代鑽石玻璃樣本寄給潛在客戶。他把第一個樣本寄給三星公司,另一個則寄給華為。

華為與Akhan公司接觸

2016年8月8日,華為在聖地亞哥實驗室的工程師安琪兒‧韓(Angel Han)寄了一封電子郵件給Akhan公司,開始雙方的接觸。隨後的電子郵件及電話中,華為公司顯得有些緊迫,有意成為該公司的第一個客戶。

2016年11月7日,韓女在一封電子郵件中稱,華為「正在為快節奏的消費電子行業創新產品尋找新技術」,「供應商快速移動和交付的能力,對我們來說也是至關重要的。」

Akhan與華為簽署保密協議及意向書

2017年2月,Akhan公司與華為簽署保密協議及意向書,Akhan同意將兩個Miraj樣品送到華為在聖地亞哥的實驗室,華為則承諾會在60天內退回樣品,並且不會以損害該樣品的方式進行測試。這是半導體行業常見的標準條款,目的是避免任何一方對知識產權進行逆向工程。(註:所謂逆向工程係指對目標產品進行逆向分析及研究,從而演繹並得出該產品的處理流程及功能性規格等設計要素,以製作功能相似但又不完全一樣的產品。)

蘇爾伯弗在給韓女的文件中指出,華為必須遵守美國出口法律,包括規範國防武器材料出口的《國際武器貿易條例》(International Traffic in Arms Regulations,簡稱ITAR)

驚覺華為竊盜意圖 Akhan高管:我的心都沉了

2018年3月26日,Akhan公司將改進的Miraj鑽石玻璃,做好層層保護後寄給韓女。

2018年5月,在華為未遵守兩個月期限約定退回樣品後,蘇爾伯弗寄電子郵件給韓女,請其立即答覆,但韓女置之不理。

2018年6月,韓女回覆,華為一直在對樣品進行「標準」測試,並附上一張照片,圖片上看得出來有一個大刮痕。

2018年8月2日,華為的包裹終於出現在Akhan公司。蘇爾伯弗回憶說,那個包裹的外觀雖然看起來很像當初Akhan公司所做的層層保護,但是打開一看,鑽石玻璃樣本上不僅有刮痕,而且碎裂成兩半,有三個碎片不見蹤影

看到這個破碎的樣本,蘇爾伯弗說:「我的心都沉了,我想,這太絕了,這家價值數十億美元的公司正在試圖仿冒我們的技術。我們現在該怎麼辦?」

Akhan高管配合FBI調查
蘇爾伯弗的第一通電話打給了卡漢,下一個動作就是去找FBI,因為他想起來2018年1月,FBI探員曾到Akhan公司,並告訴他們要注意網絡犯罪和安全漏洞,鼓勵他們將任何可疑活動通報FBI。該探員還說,FBI正在專注於收集有關中共獲取美國技術的情報。

2018年8月中旬,蘇爾伯弗到FBI芝加哥辦事處,向FBI報告了華為的可疑行動。蘇爾伯弗說,FBI官員當場對這個案子展現極大興趣,並開始定期與Akhan公司高管開會。其中幾次電話會議的主要人物是起訴華為孟晚舟的布魯克林助理檢察官大衛‧凱斯勒(David Kessler)。

FBI分析:華為用武器級激光擊碎樣本
FBI在一次電話會議中告訴卡漢及蘇爾伯弗,FBI研究中心在分析華為寄來的破碎樣本後發現,華為用100千瓦的激光器打擊樣本,這樣的激光器足以被用來當做武器

2018年秋季,FBI要求卡漢及蘇爾伯弗提供與華為公司有關的所有文件,包括電子郵件、保密協議副本、意向書、寄件記錄,甚至是華為用來歸還樣品的盒子。同時,FBI詢問他們是否願意重新與華為工程師韓女聯繫?

Akhan高管再與華為員工聯繫

12月10日,卡漢及蘇爾伯弗與韓女通話,同時間FBI探員監聽他們的對話。卡漢及蘇爾伯弗問韓女鑽石玻璃樣本為何破碎?測試期間發生了什麼事?為什麼有些碎片遺失?韓女回覆說她不知道,因為樣品被送到中國,並從中國直接寄回Akhan公司。

韓女似乎沒有意識到也不在乎,華為此舉可能違反ITAR相關規定,構成犯罪行為。

韓女並表示華為仍希望成為Akhan公司的第一個客戶,並提議雙方在幾週後於拉斯維加斯的消費電子展開會,以及一位來自深圳的華為高管也會參加會議。

FBI釣魚執法 不料會面地點臨時改變

2019年1月8日,卡漢及蘇爾伯弗抵達拉斯維加斯,並入住曼德勒海灣度假村(Mandalay Bay Resort & Casino),並依FBI指示,計劃在第二天(9日)下午3點與韓女和她的同事見面。

FBI計劃展開釣魚執法,在消費電子展舉行地點拉斯維加斯會議中心(Las Vegas Convention Center)安排一個房間,並裝上竊聽器,FBI調查人員可以從另一個地方收聽。蘇爾伯弗帶來Akhan公司的立牌,讓它看起來像是該公司租用的房間。

1月9日中午,FBI探員與卡漢及蘇爾伯弗見面,並給蘇爾伯弗三個不同的隱蔽錄音設備。蘇爾伯弗發短信給韓女,並告知她會議室地點。當天下午2點,韓回覆說她在威尼斯賭場(Venetian Casino),至少需要待一個小時。

這將超過FBI租用會議室的時間,蘇爾伯弗告訴韓女,他和卡漢會到威尼斯賭場。

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發表於 2019-2-5 23:44:05 |顯示全部樓層
華為員工或自曝違反美國規定行為
下午3點,他們抵達威尼斯賭場,韓女於下午3點20分出現,身邊還有華為在加州聖克拉拉市的一位高級供應經理珍尼弗‧羅(Jennifer Lo),她們稱華為在深圳的高管不能來,因為華為不允許在中國的高管到美國旅行。

他們四人聊了一會兒後,走到一處美食廣場,在Prime Burger的餐桌旁坐了下來。「商業週刊」記者在距離他們大約100英尺(約30公尺)的地方觀看。

根據卡漢的回憶,年約四十多歲的羅女詢問了Akhan公司的工廠運行,並承認華為將鑽石玻璃樣本送往中國,但不認為這是違反ITAR的行為。羅說,華為已經進行測試,樣本沒有問題。會議期間,羅曾一度提高音量詢問,美國政府是否正在監視他們的會議。

至於樣本受損,羅與韓均稱不知情,羅還說,她參加會議的目的是要確保華為是否仍有可能成為Akhan公司授權這項技術的第一家智能手機製造商,如果Akhan公司中止交易,她可能因此失去工作

Akhan高管:中企竊取美國商業機密是大小通吃

卡漢原本希望「商業週刊」等到美國司法部針對本案起訴華為或逮捕某人後再公開調查過程,後來改變主意並發表聲明表示:「Akhan公司嚴肅對待任何非法使用其技術的行為,將繼續與執法部門合作,努力解決這一問題。」

1月28日上午,FBI突襲了華為在聖地亞哥的實驗室。當天晚上,兩名FBI官員及助理檢察官凱斯勒通過電話向卡漢及蘇爾伯弗說明搜查令的範圍,並請他們「不要與華為進一步聯繫」。

卡漢及蘇爾伯弗無法預料這個案件未來會如何發展,不過,卡漢認為,可以肯定的是,中國企業竊取美國商業機密是不分對象,「大小通吃」。

「我認為他們(中共)在這方面是不會有歧視的」,卡漢說,「他們正在尋找技術,因為這些技術對他們的路線圖至關重要,無論他們所覬覦的公司規模及業務的狀況,他們都會想辦法去竊取這些公司的技術。」


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