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:
- 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 joint ventures, mergers and restructurings – in the mobile communication, petrochemical, retail and high technology industries.
- 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:
- 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.
- A consumer electronics manufacturer in a patent infringement litigation relating to its patented USB portable storage technology before the Singapore High Court.
- A major Chinese manufacturer of automotive glass in patent infringement litigation.
- 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 Court of International Trade
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 2010The China chapter in the International Comparative Legal Guide to: Merger Control 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
"New PRC-Hong Kong Double Taxation Arrangement Offers Planning Opportunities for Intellectual Property," Tax Notes International, September 14, 2006 "Luxury Brands Take On Landlords," Financial Times, January 24, 2006
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
Speaker, "Recent Changes to M&A Laws in China: Anti-Monopoly Law,"
Asia Pacific Loan Market Association's Shanghai M&A Financing Forum, June 18, 2009
Presenter, "Intellectual Property: Where Are We Now? Where Are We Headed? And How This All Fits into the Context of International Business,"
In-House Congress-Shanghai 2008, October 30, 2008
Panelist, "Status Report on China's Anti-Monopoly Law,"
Seminar on Emerging Trends in Global Antitrust Law: What You Need to Know about Multi-Jurisdictional Antitrust/Competition Law Issues in the Next Five Years, Tokyo, Japan, September 10, 2008
Presenter, "Opinions of Counsel after the Federal Circuit's Decision in In re Seagate Technology,"
Third Annual Symposium on International Intellectual Property Strategies for Taiwanese High-Tech Companies, Hsinchu and Taipei, Taiwan, May 28 and 30, 2008
Panelist, "Doing Business in China,"
American Bar Association Section of Science & Technology Law, 2006 ABA Annual Meeting, Honolulu, Hawaii, August 2006
Guest Lecturer, "IP Protection and Enforcement in China,"
Santa Clara University School of Law Summer Abroad Program, Shanghai Jiao Tong University, Shanghai, China, July 2006
Speaker, "US Patent Protection and Enforcement Strategies" and "International Intellectual Property Strategies – Section 337 Investigations at the U.S. International Trade Commission," Jiangsu Chamber of Commerce for Import and Export Firms, Nanjing, China, June 2006
Speaker, "Building Bridges: Forging Synergies Between Chinese and Foreign Firms,"
Third China Automotive Industry Roundtable, Economists Conferences, Shanghai, China, March 2006
Presenter, "Patent Protection and Enforcement in China,"
2004 Asia Pacific Microelectronics Symposium, Chinese American Semiconductor Professional Association (CASPA), Santa Clara, California, July 2004
Languages
English
Cantonese
Mandarin
Citizenship
United States