Ethan Ma and Antony Pfeffer Discuss Patent Subject Matter Eligibility Around the World
Yufeng (Ethan) Ma, a partner and the chief representative in Orrick’s Shanghai office, has over 15 years of experience assisting clients in intellectual property (IP) related matters including IP litigation before the US International Trade Commission (ITC) and the federal courts.
In addition to specializing in complex IP litigation relating to patent infringement, ITC 337 investigations, trade secrets misappropriation and unfair competition, Ethan has extensive experience advising clients on IP administrative disputes and reexamination, IP strategies, IP due diligence, and IP aspects of strategic transactions, including licensing or transfer, mergers and acquisitions, joint ventures and collaborations. His clients cover a wide range of industries, including hardwares, softwares, internet, semiconductors, electronics, telecommunications, AI, automobile, chemical, materials, energy and medical devices.
Ethan has represented dozens of Chinese companies in resolving their IP disputes in the US over the years, and earned client’s long-term trust. During his years in private practice, Ethan and his litigation teams won a number of high-profile ITC investigations involving Chinese companies. In one investigation, his clients are four subsidiaries of a large state-owned company of China, who were sued for patent infringement. The Commission reversed the late Chief Administrative Law Judge’s unfavorable decision and found that Ethan’s clients were not infringing and did not violate Section 337. In another investigation, he represented the complainant and its subsidiaries in China suing a group of Chinese respondents for trade secret misappropriation. The ITC issued a 10-year exclusion order against these respondents. This landmark decision represents a new development of trade secret law and ITC jurisdiction in the US, and was upheld by the US Court of Appeals for the Federal Circuit.
Prior to joining Orrick, Ethan served as Director of IP, Asia of a world leader in specialty glass and ceramics, where he was in charge of the company’s daily IP matters in China and throughout Asia. Before that, he was a partner and member of the Board at McAndrews, Held & Malloy in Chicago, Illinois. Ethan was the first non-US born lawyer of that firm.