How Do Companies in the Greater China Region Fare in the U.S. Patent System? (3/19/2014)


Date: Wednesday, March 19, 2014 - Register here at

Time: 8:00 a.m. - 1:30 p.m.

Location: Orrick Silicon Valley, 1000 Marsh Road, Menlo Park, CA 94025


  1. Patent litigation Strategies for Chinese Companies
  2. Patent Portfolio management Strategies for Chinese Companies
  3. Chinese and U.S. Patent Lawfare

Companies in the Greater China region have long recognized that their patent strategies are critical to their success in U.S. markets.  But how have they fared and, more importantly, how can they do better?  We will present a new comprehensive empirical study assessing how these Chinese companies have performed in U.S. patent litigation from 2000 to 2013, taking a hard look at win/loss rates, default rates, and how mainland, Taiwan, and Hong Kong companies fare differently.  In a detailed two-panel discussion, a distinguished group of experienced attorneys and business executives will comment on the result, their own experiences, and discuss strategies for Chinese companies from both litigation and PTO practice perspectives.  Specific topics include:

Panel I:  Patent Litigation

This panel opens with a in-depth empirical examination of U.S. patent litigation by Chinese companies, followed by a discussion of common pitfalls and best practices.  Topics include:  How can Chinese companies best balance results with costs?  What are common issues in U.S. patent litigation that catch Chinese companies off-guard?  How do language and cultural factors affect performance?  Speakers include:

  • Yitai Hu (Partner, Alston & Bird)
  • Jacy Lee (General Counsel, Amtran Technology)
  • Xiang Wang (Asia Managing Partner, Orrick)
  • Roger Shang (Chief Patent and Technology Counsel, Alibaba) - Moderator

Panel II:  Patent Portfolio Management

This panel will examine how Chinese companies can develop an effective U.S. patent portfolio and use it for business advantages.  Topics include:  What are best practices for managing a growing patent portfolio?  How can Chinese companies effectively monetize their patents?  How Chinese companies can effectively use post-AIA procedures to increase the value of their patents?  Speakers include:

  • Don Daybell (Senior Associate, Orrick)
  • Diana Fu (Partner, Van Pelt, Yi & James)
  • Alex Zhang (Partner, King & Wood Mallesons)
  • Michael Farn (Partner, Fenwick & West) - Moderator

CALOBA: Chinese American Lawyers of Bay Area (CALOBA) is a non-profit mutual benefit organization of mostly Chinese attorneys, law students and other professionals. One general purpose of the organization is to facilitate the mutual understanding and dialog of U.S. and Chinese laws between the legal professionals of two countries. As the economies of the U.S. and China are increasingly intertwined, lawyers on both sides are collaborating to assist a greater flow of cross-border transactions to enable the two countries to prosper together with the aid of one another.

Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the State of New York.  This transitional and non-transitional continuing legal education course has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 2.5 credit hours, of which 2.5 credit hours can be applied toward the areas of professional practice/practice management.

Orrick, Herrington & Sutcliffe LLP is an accredited MCLE provider in the State of California.  This continuing legal education course has been approved in accordance with the requirements of the State Bar of California for a maximum of 2.0 credit hours, of which 2.0 credit hours can be applied to the general requirement.

(Event CoordinatorsRandy Wu (Orrick) and Harry Wang (Blakely))