Yufeng (Ethan) Ma, a partner and the chief
representative in Orrick’s Shanghai office, has over 17 years of experience
assisting clients in intellectual property (IP) related matters including IP litigation
before the US International Trade Commission (ITC) and the US 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 medical devices, hardwares,
softwares, internet, semiconductors, electronics, telecommunications, AI,
automobile, chemical, materials, energy, etc. His recent clients include Baidu,
Tencent, SMIC, JD.com, Bianlifeng, Shanghai Sansi Electronic
Engineering, Yaham Optoelectronics, CreateLED Electronics, Shenzhen Howshow
Technology, Huayi Mechanical and Electrical, Shenzhen INFiLED Electronics,
Applied Materials, Synopsys, Carbon, Inc., etc.
Over the years, Ethan has
represented dozens of Chinese companies in resolving their IP disputes in the
U.S. Ethan and his litigation teams won a number of high-profile ITC
investigations involving Chinese companies and earned clients’ long-term trust.
In one investigation (337-TA-623), his clients are four subsidiaries of a large
state-owned company in 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 (337-TA-655), 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 U.S., and was upheld by the US
Court of Appeals for the Federal Circuit. Since then, Ethan has won case after
case on behalf of his clients, keeping his undefeated record to this day. He is
also committed to resolving disputes in the most cost-effective and timely way.
“Ethan resolves matters with minimum cost
for clients,” said a client who won a case as he recommended Ethan to his
For instance, in 2017, Ethan successfully defended
Shenzhen Howshow Technology against Kent Displays, Inc. in an ITC 337
investigation (337-TA-1035) involving alleged infringement of patents relating
to liquid crystal e-writers and components. Orrick secured a complete victory
for the client by forcing the complainant to unconditionally withdraw after
four months of active litigation. The case was named “Deal of the Year 2017 –
Disputes and Investigations” by China
Business Law Journal.
In another case, Ethan successfully defended Shanghai
Sansi Electronic Engineering Co., CreateLED Electronics Co., Yaham
Optoelectronics Co. and other Chinese respondents against Ultravision
Technologies in an ITC Section 337 investigation (337-TA-1114) filed on 27
March 2018 involving alleged infringement of patents relating to certain
modular LED display panels and components. The complainant was forced to
withdraw the complaint unconditionally during the expert discovery period in
November 2018, which led to a final termination by the ITC on 21 February 2019.
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.
In the past 17 years, Ethan has been committed to building
bridges and facilitating understanding between China and the US on IP
protection and exchange. In addition to being a frequent speaker at various
seminars and conferences in China and the US, Ethan regularly publishes
articles and has been interviewed by numerous media. He has served as a
committee member of the Asian Legal Committee of Intellectual Property Owners
Association (IPO) for many years.
is also actively involved in the “One Belt One Road” and “Going Out”
initiatives led by the PRC government and non-profit organizations. He
currently participates in Shanghai Municipal Commission of Commerce’s “Going
Out Service Portal” project, and acts as a special advisor to Wisdom IP -
Overseas Intellectual Property Alliance (WIPA), Nanjing, Jiangsu.