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Xiang Wang

Partner

Peking

Shanghai

Orrick China IP team featured in a documentary film

Due to its success in patent disputes in both litigation and arbitration involving foreign companies in China, recently the Orrick China IP team was exclusively featured in a documentary film “Patent Wars” by the China Central Television (CCTV).

Dr. Xiang Wang is the Partner-in-Charge for Asia and the head of China IP and Data Privacy & Cybersecurity practices, splitting his time between three offices: Shanghai, New York and Beijing, where he is the Managing Partner.

Xiang is a Guiding Expert of the China Overseas IP Dispute Response & Guidance Center.

He also serves several consultancy roles for local regulatory authorities, including as IP Consultant of Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee (Jiangsu Province); Expert of IP Dispute Investigation and Appraisal of Foshan Market Supervision and Administration Bureau (Guangdong Province); and Expert for Overseas IP Protection and Assistance of Foshan Intellectual Property Bureau (Guangdong Province).

Xiang has extensive experience in assisting local and foreign-based multinational companies with all aspects of their IP rights in the U.S. and China, including IP litigation and arbitration, patent, copyright and trademark infringements, Section 337 U.S. International Trade Commission (ITC) investigations, patent office proceedings including inter partes reviews (IPR), IP due diligence and portfolio counseling, industrial espionage, trade secrets misappropriation, mass torts and product liability, securities litigation, the Foreign Corrupt Practices Act (FCPA), technology export control, the Alien Tort Statute (ATCA) and the Racketeer Influenced and Corrupt Organizations Act (RICO) investigations and compliance. These matters have implicated a vast array of technologies, from software and electronics to renewable energy and medical devices as well as agricultural and building materials, to name just a few.

Xiang also works extensively on cybersecurity investigations and data privacy compliance matters for both Chinese and international clients.

Xiang has been particularly active in Chinese state-owned enterprises related U.S. litigation. Clients turn to his strategic and innovative advice thanks to his in-depth understanding of their business needs and political risks. Clients appreciate that he “understood the environment in the China legal system and can give nuanced advice”.

Xiang has developed the region’s premier IP practice based on his reputation as one of the few IP lawyers who has a doctorate in electrical and computer engineering, a Juris Doctor, a Chinese Certificate of Laws, and admission to practice law in New York, Indiana and before the U.S. Patent and Trademark Office. Due to its success in patent disputes in the United States and China, involving both foreign and Chinese companies, Orrick IP team was exclusively featured in a documentary film “Patent Wars” by the China Central Television (CCTV).

Xiang is highly regarded for his practical legal advice that results from more than ten years of experience at medical and electronic device businesses before becoming a lawyer. He also has received four U.S. medical-technology patents in his name.

  • Xiang has served as the managing director of Asian services for a U.S. medical technology consulting firm; a senior consultant and member of the Scientific Advisory Board of a U.S. medical device manufacturer; the executive director of R&D for a U.S. medical device manufacturer; the director of medical research for the department of surgery of a major U.S. hospital; a software engineer and system analyst for two major U.S. medical device manufacturers and a biomedical engineer for the Sino-Japanese Friendship Hospital in Beijing.

    Xiang is well recognized for his commitment to help guide the development and advancement of IP laws, regulations and cross-border relationships that affect companies doing business in the United States and China. He served as vice chair of the Intellectual Property Committee of the American Chamber of Commerce in Shanghai and as counsel for the R&D-based Pharmaceutical Association in China. Xiang also served as an adjunct professor of electrical and biomedical engineering at Drexel University in Philadelphia, Pennsylvania and he currently serves as Member of Executive Advisory Council at School of Biomedical Engineering, Science and Health Systems, Drexel University.

    • Successfully defended Advanced Technology & Materials and four co-respondents in a trade secrets misappropriation investigation before the US ITC, terminating the investigation filed by an international company at the close of fact discovery, without any concession or settlement agreement.
    • Appointed by Ford Motor Company as an independent ICC arbitrator to an Intellectual Property Dispute Resolution Board (DRB) to help resolve intellectual property issues related to the US$1.8 billion acquisition of Volvo from Ford by Zhejiang Geely Holding Co., Ltd.
    • Successfully assisted numerous multinational corporations in China, including but not limited to Microsoft, Nvidia, Kohler, Carnival Princess Cruises, Costa Cruises Shipping Services, W. W. Grainger, CLS Bank, Deltek, Hashi Corp, iRobot, Crane Co., CDW, EDSA Plan, Baidu, Xiaomi, Meituan and Sina to handle their data privacy and protection issues, as well as cybersecurity related hacking and data breach issues.
    • Successfully defended China National Building Materials Group in a US$1.5 billion class action lawsuit filed in the United States for alleged defective drywall building materials.
    • Defended Sinopec to dismiss a US$5.17 billion plus treble and punitive damages false imprisonment, misappropriation of property and RICO lawsuit in the United States, a very complex and significant case which received a lot of attention from the press.
    • Successfully assisted China Institute of Atomic Energy in defending a product liability lawsuit filed in the United States.
    • Successfully represented and secured dismissals on behalf of Baidu, Inc., its Chairman, CEO and co-founder Robin Yanhong Li, and a U.S. subsidiary, Baidu USA LLC, in connection with alleged defamation and other related tort claims filed by a New York-based financial manager and his company, alleging damages of US$10 billion.
    • Successfully defended Microsoft in a series of patent infringement lawsuits brought by a Chinese patent troll for alleged infringement of certain Chinese patents by certain Microsoft products.
    • Continue assisting multinational corporations such as Microsoft, Micron, Applied Materials, Schlumberger, Kimberly Clark, Hamilton Beach Brands, Canon, Panasonic, Johnson Electric and more in IP related dispute matters in China.
    • Successfully assisted TPK Touch Solutions in its worldwide patent portfolio creation, prosecution and management as well as defending in a series of “bet the company” patent invalidation petitions before the China Patent Reexamination Board.
    • Successfully helped defend and obtain good outcome for key executives of Beijing DaBeiNong Technology Group in an industrial espionage and trade secret case in the United States District Court of Southern District of Iowa.
    • Successfully defended Sinopec Lubricant in a TCPA lawsuit in the United States District Court of Northern District of Illinois.
    • Successfully defended Johnson Electric in a wrongful death product liability lawsuit in the Los Angeles Superior Court.
    • Successfully defended Baidu against a patent troll in the United States District Court for the Central District of California.
    • Successfully defended Haier and Hisense against multiple patent trolls in the United States district courts.
    • Successfully represented Liugong Heavy Machinery in a trade dress dispute against a U.S. competitor.
    • Successfully defended BOE Technology Group in two patent troll infringement cases in the United States District Court for the District of Massachusetts and United States District Court for the Southern District of Texas, respectively.
    • Successfully helped defend multiple Chinese respondents before the U.S. ITC 337 Investigations, laying ground for their future U.S. operations.
    • Prosecution, enforcement and technology transfer/licensing arrangements for substantial patent and trademark portfolios for companies doing business in China.
    • Office actions, oppositions, patent invalidation proceedings and reexaminations, anti-counterfeiting, anti-piracy efforts, and patent and trademark enforcement litigation, both in the U.S. and China.
    • Technology transfer and OEM contracts, joint ventures and strategic partnerships for R&D and manufacturing.
    • Employment contracts, policies and best practices, labor disputes and preventive measures thereof.
    • Representing board directors or companies in connection with investigation by Audit Committee of U.S.-listed Chinese companies and other matters of investigation, including securities class action litigation in the United States District Court, and investigations or proceedings that may be initiated by the United States Securities and Exchange Commission (SEC) and Department of Justice (DOJ).
    • Assisting social media companies on censorship issues, data privacy and protection as well as cloud computing in China.
    • Representing media and entertainment multinational corporations in their legal, regulatory and business issues including film, TV programs, electronic games, Internet activities, theme parks, publication and related products in China.