Philip Ou is a partner in the White & Case Intellectual Property practice, based in Silicon Valley. As a registered patent attorney, Philip focuses his practice on intellectual property litigation and he is responsible for managing all aspects of the group's most complex disputes, from case inception to trial/hearing and appeal.
He regularly leads teams before the U.S. International Trade Commission and leading venues for patent litigation, including the Western and Eastern Districts of Texas, the Northern and Central Districts of California and Delaware.
In addition, Philip has represented clients in antitrust-related investigations, as well as employment and business interference matters.
Philip's experience spans a variety of technology sectors, including cellular and wireless devices and networks, semiconductors, electronics, and internet and web technology.
He is a top-ranked intellectual property practitioner and has been recognized as a "Next-Gen Partner" by The Legal 500, a "California Trailblazer" by The Recorder, and a Law360 Technology "Rising Star". Philip has been consistently ranked as a top practitioner by IAM 1000 and Managing IP, as well.
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 HTC in the Eastern District of Texas involving proximity sensors and won several key evidentiary motions prior to obtaining a favourable dismissal on the eve of trial.*
- Successfully defended HTC in the Northern District of Texas involving re-sizing images and obtained dismissal with prejudice with no payment.*
- Successfully defended Trend Micro in the District Court of Delaware involving security software and invalidated two patent as patent ineligible. The decision was affirmed by the Federal Circuit and Philip obtained a partial award of attorneys' fees.*
- Successfully defended Xtera in an ITC investigation brought by NEC involving subsea telecommunications systems. The investigation was terminated on the eve of the evidentiary hearing.*
- Successfully defended AT&T in the Eastern District of Texas involving LTE uplink technology. Philip won a motion to sever and stay shortly before trial, avoiding any exposure with respect to the asserted claims.*
Other select matters include:
- AT&T (E.D. Tex.): Defended patent case involving social networking and user interface technology. The case was resolved favourably with 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 sweeping claim construction victor, 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 favourably after obtaining a Markman order changing a prior Court's claim construction of an important claim term.*
- HTC (E.D. Tex.): Defending multiple patent cases of former Palm patents asserted against various aspects of handset technology. Philip was successful in excluding the damages expert on the eve of trial, leading to favourable 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.*
*Matters prior to joining White & Case