CROSS-BORDER COUNSELOR LLP
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Disputes Practice
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Litigation and Arbitration

CBC’s disputes practice focuses on assisting global companies involved in international disputes. While our experience is broad in scope, the CBC litigation team is particularly experienced in intellectual property litigation and breach of contract cases, including international arbitration.
 The CBC disputes team stands out among law firms in that we combine three key qualities that help us successfully resolve disputes between Chinese and Western companies: 
• We have deep knowledge of China, Chinese language and Chinese business culture.
• Our litigation partners previously worked at some of the largest US law firms providing top-tier litigation services to Chinese clients and multinational clients based in China.
• We deliver the same quality litigation services as Big Law firms, but at substantially lower prices.
Our litigation partners have handled a large variety of IP disputes over their careers, including patent, trademark, copyright and trade secret cases.  Our partners have represented clients in various litigation venues, including Section 337 cases in the US International Trade Commission (ITC) and in numerous IP litigations in courts across the US, such as California, Texas, Ohio, Virginia, Delaware and New York. 
Our IP litigation experience also covers a broad range of technologies, including:
  • Semiconductor circuits
  • Programmable logic devices
  • Semiconductor manufacturing technologies
  • Chip packaging
  • Mobile Telecommunications
  • LED epitaxy
  • Digital handheld multimeters
  • PC I/O bus controllers
  • Streaming video
  • Video search and recommendation software
  • Hard disk drives
  • 3D/4D ultrasound imaging
  • Advanced modem coding and signaling (V.34 standard)
  • Medical Devices
  • Medical Diagnostics
  • Cell-Based Assays
  • Transient Elastography
  • Chemical Detection
  • Cardiac catheterization
  • DNA Synthesis
  • DNA/RNA manipulation using viral vectors
Our breach of contract experience includes both civil litigation in the courts as well as arbitration matters before the American Arbitration Association, JAMS, the HKIAC and ICC.   This arbitration experience includes matters involving:
  • Joint Venture Contracts
  • Distribution Agreements
  • Supply Contracts
  • Real Estate Contracts
  • IP Licenses
In addition to US litigation, our team is experienced in managing multi-jurisdictional litigation where coordination among counsel in different countries is critical to success.  For example, our partners have coordinated cases involving:
  • Patent Litigation in China and Germany
  • Patent Litigation in China and Austria
  • Patent Litigation in China and the United States
  • Patent Litigation in Japan, Taiwan, Korea, the US and the Netherlands
  • Patent Litigation in the UK, Germany, the Netherlands, Belgium, France and Italy, and related proceedings at the EPO

 Select List of Litigation and Arbitration Matters
The following is a select list of litigation and arbitration cases handled by CBC partners during their careers:   

Patent Cases
  • Represented a major Chinese LED manufacturer as lead counsel in two Section 337 ITC investigations. Secured dismissal of the first investigation before trial and won a decision of no violation following trial in the second case.
  • Defended a Taiwanese semiconductor manufacturer against its US competitor, including successfully invalidating the claims of two patents and winning a bench trial.
  • Won a multimillion dollar jury verdict in a patent infringement case in Delaware for the licensing arm of a leading U.S. multinational, enforcing patents incorporated in the V.34 modem industry standard.
  • Successfully defended a major hard disk drive manufacturer in an action in the Southern District of New York for patent infringement, trade secret misappropriation and breach of contract.  Case was resolved on motions for summary judgment.
  • Represented a leading mobile phone technology company in a § 337 ITC investigation for infringement of the company’s patents essential to the operation of GSM cellular telephones.  
  • Represented a Silicon Valley semiconductor design company in a § 337 ITC investigation enforcing the company’s patent on a hard disk drive controller chip and in related litigation for breach of contract and fraud in the Northern District of California.
  • Defended a US car alarm manufacturer against its domestic competitor, including winning a jury trial on grounds of non-infringement and invalidity. 
  • Defended a US pharmaceutical company in a patent case in the District Court in California, including invalidating the patent on appeal.
  • Represented a leading Japanese semiconductor tool company in multi-jurisdictional patent case against their European competitor, including settling the case for with a license that paid our client damages and running royalties. 
  • Successfully represented a major medical device company in a case alleging infringement of six patents by the client’s most advanced ultrasound medical imaging machines.  Case settled favorably shortly before expert depositions and Markman hearing.
  • Defended and settled a patent case for a Chinese telecommunications company against an NPE in the US District Court in Northern California.
  • Successfully represented the California Department of Health Services in a patent infringement case regarding a widely-used maternal blood test for Down’s Syndrome.
  • Defended and settled a patent case for a US biotechnology company against its domestic competitor in the District Court in Virginia.
  • Defended a Chinese medical device manufacturer in two patent cases in Europe (Germany and Austria).
  • Represented and achieved succesful result for the US biotechnology tool industry in filing an amicus brief before the United States Supreme Court regarding the FDA and research exceptions to patent infringement.
Trade Secret Cases
  • Defended and settled a trade secret case for a Chinese semiconductor tool manufacturer against its US competitor in the District Court in Northern California.
  • Won a $66 million jury verdict for a leading U.S. LED manufacturer following a competitor’s misappropriation of trade secrets critical to the manufacture of high-power LED lighting chips.
  • Obtained a preliminary injunction and settlement for a US IT certification company against a domestic competitor.
Trademark/Trade Dress Cases
  • Won a preliminary injunction in a trade dress infringement case for the leading U.S. manufacturer of handheld digital multimeters, resulting in a series of competitors settling favorably with my client and enhancing the client’s trade dress marketing strategy. 
  • Represented a traditional Chinese medicine manufacturer in a trademark dispute against its distributor, including obtaining an injunction for the client in the District Court in Northern California.
  • Represented a sports organization and obtained injunctive relief for trademark infringement in various federal courts around the United States.
  • Represented the video game company in seeking international trademark protection from the US trade representative under the Special 301 statute.
  • Defended a US environmental technology company in a trademark infringement case in US District Court in Ohio, including winning an appeal before the United States Court of Appeals for the 6th Circuit.
  • Represented a leading international brewery in defeating a competitor’s claim to trademark rights to the words ice beer and ice brewed in a jury trial and appeal.
Copyright Cases
  • Defended a Taiwanese-owned computer manufacturer and its Canadian affiliates in a copyright dispute against Microsoft Corporation, including winning summary judgment dismissing the Canadian defendants.
  • Represented video game manufacturer, Nintendo of America,  in protecting its copyrighted works.
Arbitration Cases
  • Currently representing a Chinese LED lighting company in a joint venture contract dispute before the American Arbitration Association.
  • Successfully represented a major medical device manufacturer in an arbitration brought by a terminated technology development partner for trade secret misappropriation, breach of contract, fraud, and antitrust violations. 
  • Obtained a multi-million dollar award for an US infrastructure manufacturer in an ICC arbitration.
  • Defended and successfully settled a contract dispute for a Chinese medical diagnostics company before the American Arbitration Association.
  • Defended and successfully settled a contract dispute for a US logistics company against its distributor before the American Arbitration Association.
  • Defended and successfully settled a real estate dispute for a US clothing retailer against its landlord before the Hong Kong International Arbitration Center.
  • Successfully defended a medical diagnostics company against claims of breach of contract and copyright infringement in an arbitration with a software developer.
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CROSS-BORDER COUNSELOR LLP

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​​12555 High Bluff Drive, Suite 190

​San Diego, CA 92130
​
​
mvella@cbcounselor.com


​Tel: 858-338-3383

  • Home
  • About
  • Disputes
  • Corporate and M&A
  • Compliance
  • Team
    • Ning Zhang
    • Alan Engle
    • Edwin Wheeler
    • Hannah Zhang
    • Chen Gong
    • Leonard Nuara
    • Conrard Everhard
  • Contact
  • News