What is actually Innosilicon's current position on this matter is this, and I quote from their web :
"Innosilicon Announce its 28nm Bitcoin Mining IP core in Production
Innosilicon is proudly announcing that BitMine AG, a leading bitcoin mining system supplier, has licensed its ultra low power Hash IP Core for production at GF 28nm HPP process. This IP is designed from scratch using patent pending, customized VLSI computational Marco cells developed to squeeze the best possible power efficiency in 28nm. Its ultra high power efficiency and thermal reliability allows BitMine AG to pack just the right amount of innovative hash horse power inside a A1 CoinCraft ASIC. The availability of this 28nm hardened IP core instantly raised the bar in a crowded 28nm bitcoin mining ASIC field."