Philip Ou is a partner in the Intellectual Property practice of Paul Hastings and is based in the firm's Palo Alto office. He focuses his practice on intellectual property litigation. His experience spans a variety of high tech industries, including cellular and wireless devices and networks, semiconductors and electronics, and internet and web technology.
Mr. Ou has significant experience leading teams in highly complex cases in federal district courts and before the International Trade Commission, managing cases in all stages of litigation, from pre-litigation counseling through trial and appeal.
His professional recognitions include being named a Rising Star in Technology by Law360 and a Rising Star by Managing IP in 2018.
He also has represented clients in anti-trust related investigations, and employment and business interference matters.
Accolades and Recognitions
The Legal 500, Next Gen Partner for Intellectual Property - Patents: Litigation (Full Coverage) (2021)
Santa Clara University School of Law, J.D. (cum laude), 2008
University of California-Berkeley, B.S. in Materials Science and Engineering, 2004
Mr. Ou is a member of the state bar of California and is a registered patent attorney admitted to practice before the U.S. Patent and Trademark office
Recent patent litigation matters include:
Successfully defended HTC in the Eastern District of Virginia involving signal conversion technology; invalidated eight patents and hundreds of claims as patent ineligible; decision affirmed by the Federal Circuit
Successfully defended Trend Micro in the District of Delaware involving security software; invalidated two patents as patent ineligible, decision affirmed by the Federal Circuit; obtained partial award of attorneys fees
Successfully defended Xtera in an ITC investigation brought by NEC involving subsea telecommunication systems; investigation was terminated on the eve of the evidentiary hearing
Successfully defended HTC in the Eastern District of Texas involving proximity sensors; won several key evidentiary motions prior to obtaining a favorable dismissal on the eve of trial
Successfully defended AT&T in the Eastern District of Texas involving LTE uplink technology; won a motion to sever and stay shortly before trial, avoiding any exposure with respect to the asserted claims
Successfully defended HTC in the Northern District of Texas involving re-sizing images; obtained dismissal with prejudice with no payment
Other selected matters include:
AT&T (E.D. Tex.): defended patent case involving social networking and user interface technology; case resolved favorably with pending patent ineligibility motion
Adobe, Amazon.com, Intuit, LinkedIn, Newegg, Sears Roebuck & Co., and Target (N.D. Cal.): managed a unique joint-defense representation which allowed clients to cost-effectively litigate in the face of nuisance value settlement demands; sweeping claim construction victory resulted in dismissal with prejudice with no payment
HTC (E.D. Tex.): defended patent case relating to USB technology and standards; resolved favorably 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; successfully excluded damages expert on the eve of trial, leading to favorable 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
Rovi (ITC): multiple ITC investigations relating to interactive programming guides