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Howard Chen

Partner
+1.415.882.8029
Fax +1.415.882.8220
+86.21.2211.2000
Fax +86.21.3251.8918

Howard Chen is resident in both K&L Gates’ San Francisco and Shanghai offices. He represents international companies – from blue-chip technology clients to small, aggressive start-ups – doing business in Asia and in the United States. He has gained a reputation as a practical lawyer who understands the cultural and business objectives of companies when dealing with cross-border transactions and litigation matters. He has deep knowledge of the business environment in China and has strong relationships with local government officials and state-owned enterprises (SOEs).

Mr. Chen advises clients on intellectual property strategies, procurement, licensing negotiation and litigation arising from patent, trade secret, copyright, trademark, unfair competition and licensing disputes. He also advises clients on the international aspects of the technology business, including securing IP protections worldwide and establishing joint ventures with overseas partners.

Mr. Chen frequently travels to the various Asia offices and is well-recognized in several overseas markets as a leading international lawyer. He is frequently invited to speak on numerous topics in Asia and has been the VIP guest speaker at the China Hi-Tech Tech Fair (CHTF) in Shenzhen.

Mr. Chen also continues to devote a significant portion of his time to community service. He is on the executive committee of ChinaSF, an organization supporting investment in the San Francisco Bay Area by enhancing the interaction between Chinese companies and the San Francisco business community. He is also on the advisory boards of several Chinese universities.

Achievements

  • Named an IP Star for 2018 for California by Managing Intellectual Property
ITC Litigation
  • In the matter of Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same, Inv. No. 337-TA-1087 (USITC) - Lead counsel for Amperex Technology, DJI Technology Co. Ltd, DJI Technology, Inc.; co-counsel for Guangdong OPPO Mobile Telecommunications Corp., OPPO Digital, Inc.; pending litigation.
  • In the matter of Certain Amorphous Metal and Products Containing Same, Inv. No. 337-TA-1078 (USITC) - Lead counsel for Qingdao Yunlu Energy Technology Co., Ltd.; pending litigation.
  • In the matter of Certain Wi-Fi Enabled Electronic Devices and Components Thereof Such as Spare Parts, Inv. No. 337-TA-1072 (USITC) - Lead counsel for Sharp; settlement reached.
  • In the matter of Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts, Inv. No. 337-TA-1057 (USITC) - Lead counsel for BISSELL and Matsutek; successful settlement allowing continued US operations for client.
  • In the matter of Certain Document Cameras and Software for Use Therewith, Inv. No. 337-TA-1045 (USITC) - Lead counsel for IPEVO; Complainant withdrew complaint before trial without settlement.
  • In the matter of Certain Personal Transporters and Components Thereof. Inv. No. 337-TA-1007/1021 (USITC) - Lead counsel for Changzhou Airwheel Technology Co.; trial victory on behalf of Airwheel finding no violation.
  • In the matter of Certain Industrial Control System Software, Systems Using Same, and Components Thereof, Inv. No. 337-TA-1020 (USITC) - Lead counsel for Advantech Co., Ltd. and Advantech Corp.; Complainant withdrew complaint against Advantech.
  • In the matter of Certain Composite Bulk Intermediate Containers, Inv. No. 337-TA-1014 (USITC) - Lead counsel for Zhenjiang Runzhou Jinshan Packaging Factory; Complainant withdrew complaint on eve of expert reports without settlement.
  • In the matter of Certain Set-Top Boxes, Gateways, Bridges and Adapters and Components Thereof, Inv. No. 337-TA-915 (USITC) — Lead counsel for Wistron NeWeb against ViXs in patent litigation involving MoCA related technology.
  • In the matter of Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof, Inv. No. 337-TA-910 (USITC) — Lead counsel for Wistron against CrestaTech in patent litigation involving TV Tuners.
  • In the matter of Wireless Consumer Electronics Devices and Components Thereof, Inv. No. 337-TA-853 (USITC) — Represented respondent Acer in patent litigation involving microprocessor design; finding of no violation, affirmed by Commission.
  • In the matter of Certain Computer and Computer Peripheral Devices, Components Thereof and Products Containing Same, 337-TA-841 (USITC) — Lead counsel for respondent Acer in patent litigation involving flash memory card readers; finding of no violation, affirmed by Commission.  
  • In the matter of Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same, Inv. 337-TA-803 (USITC) — Represented respondent Hynix against Intellectual Ventures in DRAM and NAND flash-related memory patents.
  • In the matter of Certain Coenzyme Q10 Products and Methods of Making Same, Inv. No. 337-TA-790 (USITC) — Represented respondent Shenzhou at trial in patents involving production of Coenzyme Q10; finding of no violation by ALJ and affirmed by Commission.  
  • In the matter of Certain Notebook Computer Products and Components, Inv. No. 337-TA-705 (USITC) — Represented respondent Wistron Corporation against Toshiba Corporation involving various laptop computer patents. Successful settlement reached after filing of pre-hearing briefing.
  • In the matter of Certain Flash Memory Controllers, Drivers, Memory Cards, and Media Players and Products Containing Same, Inv. No. 337-TA-619 (USITC) — Represented respondent Apacer against SanDisk; finding of no violation.

Patent Litigation
  • Apple Inc. v. Qualcomm Incorporated, No. 17-cv-108-GPC (S.D. Cal.) - Counsel for Qualcomm Inc. 
  • ELM 3DS Innovations, LLC v. SK hynix Inc. et al., 14-cv-1432 (D. Del.) - Lead counsel for SK hynix in 13 patent case involving stacked memory devices, case pending.
  • ELM 3DS Innovations, LLC v. Michelle K. Lee, (E.D. Va.) - Lead counsel for intervenor SK hynix relating to APA challenge to PTAB inter partes review decisions.
  • Phenix Longhorn, LLC v. Wistron Corp., 2:17-cv-711 (E.D. Tex.) - Lead counsel for Wistron in patent case involving LCD screens; case pending.
  • Wireless Switch IP, LLC v. Acer, 6:17-cv-142 (E.D. Tex.) - Lead counsel for Acer Inc. in patent case involving.
  • Alacritech v. Wistron Corp. et al., 2:16-CV-0693 (E.D. Tex.) - Lead counsel for Wistron Corp. in patent infringement case involving networking technology, case pending.
  • Infogation Corp. v. ZTE Corp., 3:16-cv-01901 (S.D. Cal.) - Lead counsel for ZTE; plaintiff dismissed case with prejudice without settlement.
  • Mobile Synergy Solutions LLC v. Coolpad Group Ltd., (E.D. Tex.) - Lead counsel for Coolpad, a smartphone manufacturer, in patent case involving visual voice mail; settlement reached.
  • Anton Innovations, Inc. v. Getac Inc. et al., (C.D. Cal.) - Lead counsel for Getac, a ruggedized computer manufacturer in patent case involving wireless transceivers; settlement reached.
  • Uniloc USA, Inc. et al. v. ZTE et al., 2:16-cv-002 (E.D. Tex.) - Lead counsel for ZTE in patent infringement action involving text/voice instant messaging; case stayed pending inter partes review.
  • TCL Communications Technology Holdings, Ltd. v. Telefonaktienbolaget LM Ericsson et al., 14-cv-341 (C.D. Cal.) - Lead counsel for third party ZTE in action involving setting of FRAND rate.
  • Personalized Media Communications, LLC v. Wistron Corp. et al., 2:15-cv-01366 (E.D. Tex.) - Lead counsel for Wistron in patent infringement litigation involving television tuners; settlement reached.
  • Rockstar Consortium US LP et al. v. Asustek Computer Inc. et al., Case No. 2:13-cv-894 (E.D. Tex.) — Represented Asus in patent litigation involving various technologies associated with Android Operating System Platform.
  • Patent Harbor v. HP et al., Case No. 6:13-cv-00103-LED (E.D. Tex.) — Represent Hewlett-Packard in patent litigation involving video authoring software. Successful settlement reached during discovery.
  • Enova v. Western Digital et al., Case No. 1:10-cv-00004 (D. Del.) — Represented Western Digital in patent litigation involving encryption technology. Successful settlement reached before trial.
  • Acer v. Technology Properties Limited et al., Case No. 5:08-cv-00877 — Represented Acer and Gateway in a declaratory action. Technology Properties Limited has counterclaimed for patent infringement and asserted five patents from the Moore Microprocessor Patent Portfolio against Acer  and Gateway. The patents concern microprocessor design and operation.
  • Toshiba Corp. v. Wistron Corp., Civil Action No. 8:10-cv-00074-SVW-MLG (C.D. Cal.) — Represented Wistron in district court in laptop patent dispute. Case settled favorably for client. 
  • Phillip M. Adams & Assoc. LLC. v. Wistron Corp., (D. Wyo. 2011) — Represented Wistron and AOpen in district court in laptop patent dispute involving floppy disc controllers. Motion to dismiss granted for clients. 
  • DRAM Technology v. America II Group et al., Case No. 2:10-cv-45 (J. Ward) — Represented ESMT, semiconductor design company, in patent infringement action relating to DRAM patents.
  • LSI/Agere v. Xilinx, Case No. 09 Civ. 9717 (S.D.N.Y) (J. Rakoff) — Represented Xilinx in a patent infringement action involving twenty patents relating to field-programmable gate array (FPGA) and other related technologies.
  • Typhoon Touch v. Dell, Civil Action No. 6:07-cv-546 (E.D. Texas) (J. Davis) — Represented Dell and Lenovo in a patent infringement action involving two touch screen patents. Achieved favorable claim construction and summary judgment of non-infringement.
  • Global Innovations v. Acer America Corp., Case No. 09-20127 (S.D. Fla.) (J. Moreno) and Civil Action No. 2:09-cv-00198 (E.D. Texas) (J. Folsom) — Represented Acer, Alienware, Dell, Gateway, and HP in patent infringement litigation concerning two computer security patents. Achieved successful settlement.
  • Represented semiconductor manufacturer with patent license negotiation involving hundreds of patents. Successfully reached negotiated agreement that prevented litigation.
  • CPUMate v. Acer America Corp. et al., Case No. 08-cv-01865 (D.N.J.) (J. Wolfson) — Represented Acer and Wistron in patent infringement litigation relating to heat sink technology. Achieved dismissal of clients. 
  • Universal Tech., Inc. v. Frogger, Civ. Action No. 0:10-cv-00075-JNE-JSM (D. Minn. 2010) — Represented Frogger, golf equipment manufacturer, in district court in golf towel patent dispute. Case settled favorably for client.
  • Halloran v. Frogger, (D. Mass. 2010) — Represented Frogger, golf equipment manufacturer, in district court in golf brush patent dispute. Case settled favorably for client after filing of motion for summary judgment. 
  • Krinner v. TerraSmart LLC, (M.D. Fla. 2011) — Represented TerraSmart, solar power equipment manufacturer, in patent dispute over earth screws. Case settled favorably for client. 
  • Gellyfish v. Acer et al., Case No. 2:08-cv-170 (E.D. Tex.) — Represented Acer and Gateway in a patent infringement action relating to handpads on laptop computers. 
  • Wistron v. Samsung Electronic Co., Case No. C 07-04748 VRW (N.D. Cal) — Represented Wistron in a patent infringement action where Samsung had alleged infringement of three patents relating to computer keyboard hot key functions, battery charging power-saving methods, and data storage and retrieval methods. The parties entered into a patent license agreement on a mutually acceptable basis, including a patent cross license, and the lawsuits between them were dismissed.
  • Wacom Co. v. Hanwang Technology Co., Case No. 3:06-cv-05701-RJB (W.D. Wash.) — Represented Hanwang Technology, a leading Beijing based consumer electronics company, in a patent infringement suit involving electronic drawing tablets. Obtained summary judgment, in part, that invalidated key asserted patent based on prior art he uncovered during litigation. Shortly thereafter, the parties settled the case.
  • Linex Technologies, Inc. v. Acer et al.; Case No. 2:07-cv-00222 (E.D. Tex.) — Represented Acer in a patent infringement case filed by relating to wireless telecommunications routers. Linux dismissed its claims against Acer.
  • Represented international corporation in patent infringement litigation involving narrowcasting and digital media networks.
  • Ichor Medical Sys., Inc. v. Richard Walters et al., Case No. 99CV 1332 J (S.D. Cal.) — Represented trade secret and patent infringement defendant in matter involving medical devices, biomedical treatments, and licensing issues involving electroporation technology.
  • Insight Dev. Corp. v. Hewlett-Packard Co., 2002 U.S. App. LEXIS 4424 (Fed. Cir. 2002) — Handled patent infringement and trade secret appeal to Federal Circuit involving printing and file sharing technology.

Federal Circuit Litigation
  • Typhoon Touch v. Dell, Case No. 2009-1589 (Fed. Cir.) — Represented Dell and Lenovo in appeal to Federal Circuit on favorable claim construction ruling.
  • In re Porauto Industrial Co., Ltd., Case No. 2014-130 (Fed. Cir.) — Represented Kabo Tool in successful defense against mandamus.
  • Typhoon Touch v. Dell, Case No. 2009-1589 (Fed. Cir.) — Represented Dell and Lenovo in appeal to Federal Circuit on favorable claim construction ruling.

Trade Secret/Trade Dress/Counterfeiting 
  • Arcsoft, Inc. v. Cyberlink Corp. et al., 15-CV-03707 (N.D. Cal.) - Lead counsel for Cyberlink and Perfect Corp. in trade dress litigation involving selfie app; won motion to dismiss and ultimate settlement.
  • Ventria Bioscience v. Yang — Represented Ventria in trade secret action against former employee. Achieved successful settlement.
  • Represented Silicon Valley technology company against former employee in trade secret misappropriation action.