Philip Ou

Recent ITC matters include:

• 337-TA-1374: Defended Minka Lighting in an investigation involving smart ceiling fans. The investigation was terminated before the evidentiary hearing.
• 337-TA-1365: Defended Voltage in an investigation involving electrical connection assemblies for solar installations. After an evidentiary hearing, the Commission found no Section 337 violation.
• 337-TA-1180: Defended HTC in an investigation relating to smart-home technology. The investigation was terminated before the evidentiary hearing.*
• 337-TA-1113: Defended Xtera in an investigation involving subsea telecommunications systems. The investigation was terminated on the eve of the evidentiary hearing.*
• 337-TA-1098: Represented Xtera in an investigation involving subsea telecommunications systems. The disputes were confidentially resolved through subsequent litigation after the investigation completed.*

Recent IP / technology litigation matters include:

• Defending TikTok in a patent infringement suit in the Eastern District of Texas.
• Representing Sagent in a commercial contract dispute involving cross-breach of contract and business tort claims in the Northern District of California.
• Representing Snap in a patent infringement suit in the Central District of California and on appeal at the Federal Circuit.
• Defending TikTok in a copyright and trade secret misappropriation suit in the Northern District of California.
• Represented Trend Micro in a 20+ multi-district patent infringement dispute in the Western District of Texas, Eastern District of Virginia, and Eastern District of Texas.
• Defended Quintessential Brands in the Northern District of California in a dispute involving allegations of trade secret misappropriation, trademark infringement and unfair competition.*
• Defended Aeldra Financial in the Northern District of California in a dispute involving allegations of trade secret misappropriation, breach of contract and unfair business practices.*
• Represented Applied Materials in a multi-district patent infringement suit involving semiconductor manufacturing equipment in the Western District of Texas and Northern District of California.*
• Defended HTC in the Eastern District of Virginia involving signal conversion technology. Invalidated eight patents and hundreds of claims as patent ineligible. The decision was affirmed by the Federal Circuit.*
• Defended Snap in the Central District of California involving mobile messaging technology. Invalidated several patents as patent ineligible. The decision was affirmed by the Federal Circuit.*
• Defended HTC in the Eastern District of Texas involving proximity sensors and won several key evidentiary motions prior to obtaining a favorable dismissal on the eve of trial.*
• Defended HTC in the Northern District of Texas involving re-sizing images and obtained dismissal with prejudice with no payment.*
• Defended Trend Micro in the District Court of Delaware involving security software and invalidated two patent as patent ineligible. The decision was affirmed by the Federal Circuit.*

Other select matters include:

• AT&T (E.D. Tex.): Defended patent case involving LTE uplink technology. Won motion to sever and stay shortly before trial.*
• AT&T (E.D. Tex.): Defended patent case involving social networking and user interface technology. The case was resolved favourably with patent ineligibility motion.*
• Adobe, Amazon.com, Intuit, LinkedIn, Newegg, Sears Roebuck & Co, and Target (N.D. Cal.): Managed a unique joint defense representation that allowed clients to litigate in the face of nuisance value settlement demands. The case resulted in a sweeping claim construction victory, which resulted in dismissal with prejudice with no payment.*
• HTC (E.D. Tex.): Defended patent case relating to USB technology and standards. The case was resolved favourably after obtaining a Markman order changing a prior Court's claim construction of an important claim term.*
• HTC (E.D. Tex.): Defended multiple patent cases of former Palm patents asserted against various aspects of handset technology. Successful in excluding damages expert opinions on the eve of trial, leading to favourable resolution.*
• HTC (ITC and D. Del.): Defended multiple patent cases brought by Nokia related to various aspects of handset technology.*
• HTC (N.D. Cal.): Defended patent case involving location services technology.*
• Xtera (ITC): ITC investigation relating to subsea telecommunications systems.*
• Rovi (ITC): Multiple ITC investigations relating to interactive programming guides.*

*Matters prior to joining White & Case