As an expert litigator, what is the secret to a winning strategy before the courts?

The ability to use evidence to create a compelling story is critical to success in litigation. Lawyers need to resist the comfort zone of the technology and focus on the nuance of the legal issues. Most cases are won when the attorneys are able to explain their clients’ actions in a manner that is reasonable and appears to be fair. The US legal system aims to achieve justice and it is important to keep this in mind when designing a trial strategy. This applies to cases across the United States. 

You have significant experience representing Chinese companies in patent litigation before US district courts and the ITC. What are the most common mistakes that Chinese rights holders make when enforcing their patents in the United States?

Yes, I have represented Chinese companies in US litigation for more than 25 years. In many cases, this litigation is the first time that the Chinese company has been sued in the United States. It is a substantial learning curve for these companies to prepare to defend themselves. One of the most common mistakes that Chinese companies make is failing to take the time to create a compelling storyline that is supported by the evidence. This is caused, in part, by the differences between the legal systems in China and the United States. Another common error is that many Chinese companies lack a strategy for dealing with the US discovery process. Failing to plan for discovery can result in the ‘good facts’ not being produced or made available to use in trial. It is important that Chinese companies trust their litigation counsel and maintain open communication – even if this means sharing uncomfortable facts. Good strategies consider the ‘bad’ facts and explain them in a manner whereby the judge and jury can understand that the client is a reasonable actor. 

You are a member of the American Bar Association and serve as vice chair of the Federal Circuit Bar Association. How has your involvement with these organisations contributed to your professional development?

Being a member of several bar associations has been a great source of professional opportunities. I have met many colleagues and friends through the bar activities. In fact, I still attend conferences in the United States and China every year. 

What is your take on the use of arbitration to resolve trade secret disputes?

I am a fan of using arbitration to resolve disputes. Arbitration is especially useful for trade secret cases. The proceedings are confidential and not on a public docket, which is welcome when sensitive issues are in dispute. The parties are also able to design the arbitration procedure to focus on the key issues in dispute. This can make the process more efficient and save costs for the companies.