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Yufeng (Ethan) Ma, a partner and the chief representative in Orrick’s Shanghai office, has over 18 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, Coolpad, vivo, 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 always tries to resolve matters for clients at the lowest cost possible,” said a client who won a case as he recommended Ethan to his peers.
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 18 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 served as a committee member of the Asian Legal Committee of Intellectual Property Owners Association (IPO) for many years.
Ethan 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 Overseas Service Portal” project, and acts as a special advisor to Wisdom IP - Overseas Intellectual Property Alliance (WIPA), Nanjing, Jiangsu.
Beijing; New York
Dr. Xiang Wang is the Co-Chair of Orrick’s Global Advisory Board, Partner in Charge for Asia and the head of China IP practice, splitting his time between three offices: Shanghai, New York and Beijing, where he is the Managing Partner.
Xiang has extensive experience in assisting local and foreign-based multinational companies with all aspects of their IP rights in the U.S., China and Asia, 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 & data privacy issues for both Chinese and international clients.
Xiang is a Guiding Expert of the China Overseas IP Dispute Response & Guidance Center. Xiang has been particularly active in Chinese state-owned enterprises related U.S. litigation. Clients turn to his strategic and innovative advice thanks to the in-depth understanding of their business needs and political risks, and 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 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 U.S. 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 10 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.
Yaoli (Shelley) Zhang, a partner in Orrick’s Beijing office, is a member of the Intellectual Property Group. Her practice focuses on IP prosecution and enforcement. Shelley has extensive experience in patents, trademarks, domain names, copyrights and trade secrets.
Shelley's related IP experience includes the following:
Wei (Carol) Yan, a senior associate in Orrick’s Beijing office, is a member of the Intellectual Property Group.
Carol’s practice focuses on patent filing and prosecution, patent-related legal advice and patent litigation across a broad range of industries, including chemistry, materials science, pharmaceutical, biotechnology, medical device, semiconductor and auto mechanics. Carol has extensional experience in patent, trademark, domain name, copyright and trade secret.
Before joining Orrick, Carol worked with Lung Tin International Property Agent Ltd. and in Jones Day’s Beijing Office.
Mimiao Hu, a senior associate in Orrick’s Beijing office, is a member of the Intellectual Property Group.
Her work has included trademark and copyright protection strategies, intellectual property litigation, unfair competition, intellectual property due diligence, cybersquatting and related technology issues. Mimiao has also advised clients on export regulation of military and dual-use items and customs regulation in China. Mimiao also works extensively on cybersecurity & data privacy issues for both Chinese and international clients.
Prior to joining Orrick, Mimiao was a senior associate in the Beijing and Shanghai offices of a major PRC law firm.
Yali Hu, a senior associate in Orrick's Beijing office, is a member of the Intellectual Property Group.
Yali assists local- and foreign-based multinational companies with all aspects of their intellectual property rights in China, Europe and the United States, including Section 337 U.S. International Trade Commission (ITC) litigation. Yali has extensional experience in patent, trademark, domain name, copyright and trade secret.
Yali’s intellectual property-related services include patent filing and subsequent maintenance affairs for her clients.
Shinsuke Yakura is the Office Leader of Orrick's Tokyo office and a member of the Complex Litigation and Dispute Resolution Group. He is an expert in handling cross-border litigation, arbitration, intellectual property and compliance matters.
His practice focuses on intellectual property, antitrust, product liability, medical and pharmaceutical, and other commercial disputes for both domestic and foreign companies. He actively engages in cross-border litigation and arbitration, and draws on his extensive knowledge and experience from various countries.
In regards to intellectual property, Shinsuke has represented numerous companies in patent infringement litigation involving a wide range of technologies related to electric devices and industrial machinery. He has also handled other IP-related issues such as trademark, copyright and right to publicity. He is a qualified patent attorney (Benrishi) in Japan.
Recently, he has been involved in business and legal issues related to artificial intelligence (AI), Internet of Things (IoT), and big data; he also acts as the Asia representative of Orrick’s Global AI Working Group.
Consistently providing strategic advice from a global perspective, he is also actively involved in bribery regulations including FCPA and UKBA, antitrust and competition law, cartel, fraud and compliance investigations.
He also advises in mergers and acquisitions, licensing and other transactional matters.
Yoshi Takatori is head partner of Orrick's Global Japan practice and Tokyo's Litigation Group. His practice focuses on cross-border dispute resolution including multi-jurisdictional litigation and international arbitration on intellectual property, product liability, anti-trust, FCPA and UKBA and compliance investigation and disputes involving labor laws. Yoshi has been recognized by numerous international publications such as being ranked Band 1 as a Dispute Resolution lawyer in Chambers Asia Pacific and recognized as a leading individual for Dispute Resolution and Intellectual Property for Asia Pacific Legal 500. He has also been recognized by the Financial Times as a Top 10 Legal Innovators for Asia-Pacific in 2019.
Yoshi has an active practice advising and counseling multi-national Japanese companies and the Japanese Government, on proactive cybersecurity program development and strategy. He also advises on cybersecurity issues in the context of adversarial proceedings and dispute resolution. He is an Editor and Co-author of “Cyber Security Strategy for Litigation and Compliance,” which is the first book in the Japanese legal marketplace discussing multi-stakeholder risk management strategies relating to external cyber-attacks and insider cyber trade secret theft. He is regularly consulted by leading media outlets, including TV and newspapers, and quoted, in major business publications on cybersecurity issues and insights.
Yoshi's previous experience includes:
representing several Japanese companies in the Cresvale Securities (Princeton Bonds) incident, which victimized over 150 Japanese companies, and played a central role in the trial and settlement procedures in Japan and New York;
successfully representing clients in a number of IP-related dispute resolutions involving trademark, counterfeit and patent issues in U.S., Asian and EU jurisdictions. In recent years he has gained attention for victories in compensation for damages of trademark infringement in foreign countries through application of foreign law and Japanese law through the Act on General Rules for Application of Laws; and
numerous achievements in cross-border enforcement, trial and international arbitration such as obtaining a temporary restraining order in Japanese court based on the certified decision in California that includes JPY280 billion in punitive damages.
In addition, Yoshi is listed as a recommended arbitrator for the Japan Commercial Arbitration Association (JCAA) and listed on SIAC's Panel of Arbitrators and KCAB’s Panel of Arbitrators and as a Specialist Mediator at Singapore International Mediation Center (SIMC). He is a qualified FCIArb and serves key positions in the international arbitration field such as being the executive director for the Japan Association of Arbitrators, and co-convener of the Japan Chapter of the Chartered Institute of Arbitrators (CIArb.).
Prior to joining Orrick, he was chair of the litigation department at the Tokyo office of Paul, Hastings, Janofsky & Walker LLP.