Overview
Philip Ou is a partner in the Intellectual Property practice of Paul Hastings and is based in the firm’s Palo Alto office. Mr. Ou 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 is responsible for managing all facets of the group’s most complex disputes, from case inception through trial/hearing and appeal. He regularly leads teams before the International Trade Commission and the leading venues for patent litigation, including the Western and Eastern Districts of Texas, the Northern and Central Districts of California and Delaware.
His professional recognitions include being named a Next-Gen Partner by The Legal 500, California Trailblazer by the Recorder and a Rising Star in Technology by Law360.
Mr. Ou has also consistently ranked as a top IP practitioner by IAM1000 and Managing IP since joining the firm’s partnership.
In addition, he has represented clients in anti-trust related investigations, and employment and business interference matters.
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.
Recognitions
- The Legal 500 USA, Next Generation Partners, Patents: Litigation (2021-2022)
- The Legal 500 USA, Patents: Litigation, International Trade Commission (2020-2022)
- Managing IP, Rising Star/IP Star/ Notable Practitioner (2018-2022)
- IAM 1000, Patent: Litigation (2020-21)
- The Daily Journal, California Trail Blazers (2019)
- Law 360, Rising Star in Technology (2018)
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
Representations
Recent patent litigation matters include:
- Successfully defended HTC in the Eastern District of Virginia involving signal conversion technology and invalidated eight patents and hundreds of claims as patent ineligible. The decision was affirmed by the Federal Circuit.
- Successfully defended Trend Micro in the District of Delaware involving security software and invalidated two patents as patent ineligible. The decision was affirmed by the Federal Circuit and Mr. Ou obtained a partial award of attorneys’ fees.
- Successfully defended Xtera in an ITC investigation brought by NEC involving subsea telecommunication systems. The investigation was terminated on the eve of the evidentiary hearing.
- Successfully 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.
- Successfully defended AT&T in the Eastern District of Texas involving LTE uplink technology. Mr. Ou 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 and 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. The case was 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 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 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. Mr. Ou was successful in excluding the damages expert on the eve of trial, leading to a 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.