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Philip Ou

Partner, Litigation Department
Palo Alto
1117 S. California Avenue
Palo Alto, CA
94304-1106
United States

Fax: 1(650) 320-1958

Overview

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.

Education

  • 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 Representations

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

Practice Areas

Litigation
Patent Litigation
ITC Section 337 Investigations
Technology
Intellectual Property

Languages

englisch

Admissions

California Bar

Education

Santa Clara University, School of Law, J.D. 2008
University of California, Berkeley, B.S. 2004

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