Patrick Ma's practice focuses on intellectual property (IP), antitrust and other regulatory matters.

He counsels and assists clients in exploiting and defending their IP rights through licensing and litigation. He has successfully litigated major cases involving claims of patent infringement, trade secret misappropriation and unfair competition before various courts and adjudicative bodies. He also advises clients on the IP aspects of foreign direct investments into China, including the use of offshore holding company structures, issues concerning mergers and acquisitions, as well as technology transfer and licensing arrangements involving patents, copyrights, trademarks, domain names and other proprietary rights.

Patrick also counsels clients on matters concerning antitrust and competition law. He assists clients involved in cross-border mergers, acquisitions and joint ventures to navigate the notification and review regime under China's Anti-Monopoly Law (AML). In addition, he advises on the design and implementation of antitrust compliance programs and conducts compliance training for client employees.

He works closely with clients in connection with internal investigations to ensure compliance with anti-corruption laws and regulations and assists them in dealing with investigations and in responding to inquiries by regulatory agencies in China.

Patrick's recent transactional IP experience includes advising: 

• Haier Group on the IP issues arising from its acquisition of Sanyo Electric Co. Ltd’s consumer and commercial use washing machine business, its consumer use refrigerator business, and its white goods sales division, in Japan and Southeast Asia.
• Saudi Basic Industries Corporation (SABIC) on IP due diligence, technology transfer and licensing issues arising out of its RMB 18.3 billion (US$2.7 billion) joint venture with China Petroleum & Chemical Corporation (SINOPEC). 
• A prominent Asian investment group on its joint venture with and licensing of biofuel production technology from a Chinese company and third-party technology providers. 
• The owner of a portfolio of prominent fashion brands on the IP aspects of a joint venture to monetize the value of the brands in the Greater China market. 
• A premier online content provider, a major sports league, an international consumer goods retailer and a renowned educational institution on brand, content and domain name licensing arrangements and other IP-related issues in connection with their respective investments and ventures in Greater China. 
• A Sino-Japanese joint venture and manufacturer of liquid crystal displays in its negotiations for a worldwide patent and technology license with a US-based company holding a substantial patent portfolio. 

On matters concerning antitrust/regulatory issues, Patrick recently counseled (working with local counsel as necessary and appropriate): 

• A leading multinational on ongoing AML compliance in relation to its business practices as well as on dealing with investigative inquiries from an AML enforcement authority. 
• Several multinational companies in the pharmaceutical, chemical and consumer product sectors on the design and implementation of their AML compliance programs and conducting compliance training for their employees. 
• A number of multinational corporations on the notification to the Chinese merger review authority of their respective proposed transactions, including assisting:
  • E.I. du Pont Nemours (DuPont) in the merger notification arising from its acquisition of Danisco A.S. for US$6.6 billion. White & Case also advised on the European Union and worldwide merger control filings for this transaction.
  • Groupe Auchan on merger control issues arising from the restructuring of its joint venture with Taiwanese conglomerate, Ruentex, and its subsequent acquisition of a majority stake in Sun Art Retail Group Limited.
  • American Superconductor Corporation (ASMC), a global power technologies company, on its merger filing in relation to its €190 million acquisition of The Switch Engineering Oy, a power technologies company headquartered in Finland with substantial operations in China.
  • NEC Corporation, Casio Computer Co., Ltd. and Hitachi, Ltd. in clearing the formation of a joint venture in the mobile terminal business.
• Several multinational companies with operations in China in connection with alleged acts of unfair competition, alleged breach of anti-bribery laws, and alleged violation of laws and regulations on product labeling and advertising.

Patrick's litigation experience includes representation of: 

• Taiwan Semiconductor Manufacturing Company (TSMC), a major semiconductor foundry in parallel litigation relating to trade secret misappropriation and patent infringement before the US International Trade Commission and federal and state courts against another foundry; in a UDRP proceeding against a cybersquatter to recover a key domain name; and in a trademark opposition proceeding in Hong Kong. 
• Trek 2000 International, Ltd. (Singapore), a consumer electronics manufacturer in a patent infringement litigation relating to its patented USB portable storage technology before the Singapore High Court. 
• A major semiconductor equipment manufacturer in a patent infringement litigation involving multiple patents relating to semiconductor wafer processing. 

In addition, Patrick has extensive experience assisting multinational corporations as well as start-up companies in designing and developing their IP portfolios. He advises clients regarding their IP positions and assesses potential infringement risks by providing validity and infringement opinions.

His career includes a legal internship at Bardehle Pagenberg Dost Altenburg Geissler in Munich, Germany in the summer of 1999. Prior to his legal career, he was a consultant at an international IT and management consulting firm, where he advised clients on business process reengineering as well as information technology projects.

Bars and Courts
California State Bar, 2000
US District for the Central, Southern and Northern District of California
US Court of Appeals for the Ninth and Federal Circuits
US Patent and Trademark Office

Education
JD, Santa Clara University School of Law, Santa Clara, California (Honor Recipient of the High Tech Law and International Law Certificates), 2000
International & Comparative IP Law Program, Munich, Germany, Summer, 1999
BS/EECS, University of California, Berkeley, (Minor in Business Administration, Haas School of Business, University of California, Berkeley), 1993

Professional Associations and Memberships
American Bar Association
American Intellectual Property Law Association

Publications
The China chapter in the International Comparative Legal Guide to: Merger Control 2010 and 2009
The China chapter in the International Comparative Legal Guide to: Competition Litigation 2009
"What Compliance Counsels Need to Know About the Recently Published Implementing Rules and the Coke Decision Under China's Anti-Monopoly Law," Bloomberg Law Reports, May 2009
"Protecting IPR Against the Odds," Orientation China Guidebook, American Chamber of Commerce, Shanghai, June 2007

Speaking Engagements
Presenter, "The PRC Anti-Monopoly Law: Implications for Taiwanese Technology Companies Doing Business in China and Beyond," 2011 Symposium on International IP Strategies for Taiwanese Technology Companies, 09 June 2011, Hsinchu, Taiwan; 10 June 2011, Taipei, Taiwan
Panelist, "Bilski and the Supreme Court - A New Frontier?" and "Friends for Life - Where Proprietary meets Generic", 3rd Global Forum on Intellectual Property, Singapore, January 6 and 7, 2011
Speaker, "China's Evolving Antimonopoly Law Regime: Abuse of Dominance and Use of Intellectual Property", Antitrust Compliance: Current Risk Areas in China, Japan, the US and the EU, organized by White & Case, July 7, 2010
Guest Lecturer, "Patent Strategy and Innovation," Tsinghua-Berkeley Global Technology Entrepreneurship Program, Tsinghua University, Beijing, China, April 13, 2010
Guest Speaker, "Intellectual Property Protection in China," University of California, Irvine, Executive MBA Program, International Session on Global Business, Beijing, China, September 2, 2009

Languages
English
Cantonese
Mandarin

Citizenship
United States