U.S. patent litigation attorney Kevin Su counsels the world’s leading brands. He helps clients protect their intellectual property and market share as he consistently wins cases for them in U.S. District Courts, appellate courts, at the Patent Trial and Appeal Board, and before the U.S. International Trade Commission.
In his practice emphasizing patent litigation in computer-related technologies, Kevin represents many leading-edge companies in U.S. courts, including clients from India, China, Germany, Taiwan, and South Korea, in addition to U.S. clients. He has played a leading role in major ITC investigations and trials that helped clients quickly and forcefully block imported products from infringing their IP.
He also has extensive trade secret litigation experience, both in asserting and defending breach of contract, misappropriation, and unfair competition claims.
Kevin has represented clients in patent infringement cases involving chemical, electrical, computer hardware and software, and Internet technologies, as well as semiconductors and medical devices.
As a fluent Mandarin speaker, Kevin offers client companies based in Greater China a powerful advantage – he readily understands and communicates easily with them.
In addition to his active patent litigation practice, Kevin helps junior, diverse attorneys launch their careers by recruiting and mentoring them through Students of Color job fairs and other events and organizations that support diversity in the legal profession. He is also involved in the Asian Bar Association. Coming to the aid of children in need of political asylum and immigration, Kevin provides pro bono representation through Kids In Need of Defense and the Political Asylum/Immigration Representation Project. He can also be found volunteering for his church and community.
Before joining Fish & Richardson, Kevin served as a judicial intern to the Honorable Dolores K. Sloviter (ret.) of U.S. Court of Appeals for the Third Circuit (2003).
Experience
Certain Composite Aerogel Insulation Materials – Represented patentee Aspen Aerogels, Inc., against two Chinese competitors, Guangdong Alison Hi-Tech, Co. Ltd. and Nano Tech Co. Ltd. In its final determination (final appealable judgment), the ITC issued a limited exclusion order barring the importation of Alison and Nano’s composite aerogel insulation into the U.S. market.
Represented the accused infringer, an international manufacturer of electronic test equipment, in a lawsuit brought by a U.S. competitor and patent holder. In a case that involved various aspects of oscilloscope equipment, Kevin crafted a multi-faceted defense that leveraged the patent holder’s narrowing statements made responding to our client’s inter partes review petition to support non-infringement arguments. As trial approached, and realizing the strength of our defenses, the patent holder decided to withdraw the case with no consideration sought from our client.
Certain Non-Volatile Memory Devices – Represented patentee Macronix International, a Taiwanese integrated device manufacturer in the non-volatile memory market, against Toshiba Corp. and its subsidiaries in a case asserting that all of the flash memory Toshiba imports into the U.S. should be excluded. The Commission issued an exclusion order and cease-and-desist orders preventing Toshiba and its affiliates from importing, selling, or marketing any flash memory. The case settled quickly thereafter without appeal, including a publicly reported payment of $80 million from Toshiba to Macronix.
Infineon Technologies AG v. Fairchild Semiconductor Corporation – Represented Infineon in patent infringement case involving power transistors in the District of Delaware and the District of Maine.
The Hertz Corporation & TSD Rental LLC v. Enterprise Rent-A-Car, et al. – Represented TSD Rental as declaratory judgment plaintiffs in a case involving car rental management software in the District of Massachusetts. Case settled.
Synqor, Inc. v. Delta Electronics, Inc., Delta Products Corp., Murata Electronics North America, Inc., Murata Manufacturing Co., Ltd., Murata Power Solutions, Inc., and Power-One, Inc. – Represented defendants in patent infringement case involving DC-DC converters in the Eastern District of Texas.
Vishay Dale Electronics, Inc. v. Cyntec Co., Ltd, Susumu Co., Ltd., and Susumu Int’l, Inc. – Represented defendants in patent infringement case involving inductors in the District of Nebraska. Case settled.
Ricoh Co., Ltd. v. Lite-On IT Corp. – Represented Lite-On IT in patent infringement case involving CD-RW drives in the Eastern District of Texas. Case settled.
RiTEK Corp. and Microstor Corp. v. RioSpring Inc., Thomas Su, Jeilin Technology and Does 1-10, Inclusive – Represented RiTEK in prosecution of theft of trade secrets, unfair competition, and related claims involving microdrive technology in the Superior Court for the State of California (County of Santa Clara). Case settled.
SanDisk Corp. v. RiTEK Corp. – Defended RiTEK in patent infringement case involving CompactFlash data storage devices in the Northern District of California. Case settled.
