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Li Chen

Managing Partner


  • Chambers USA of Chambers & Partners
    2009-2018
  • Best Lawyers by Woodward White, Inc.

    2012-2019
    Litigation-Intellectual Property

    2015-2019
    Litigation-Patent
  • Benchmark Litigation
    2015-2018
    Local Litigation Star
  • Super Lawyers of Thomson Reuters Service
    2013-2018
  • Lexis Nexis Martindale-Hubbell
    2010-Present
    AV-Preeminent for
    Complex Commercial Litigation, IP Litigation, and Technology Transactions
  • The Legal 500 by Legalease
    2014
    Intellectual Property Litigation
  • IP Star by Managing Intellectual Property
    Texas
    2014-2018
    Patent Star
  • Best Lawyers in Dallas by D Magazine
    2014
    Best Lawyers in Dallas - Intellectual Property Law
  • Outstanding IP
    Litigator Award
    Shortlisted Texas
    2016

Li Chen is Co-Founder and Managing Partner of Chen Malin LLP. Chambers USA of Chambers and Partners has recognized Li as a leading intellectual property lawyer in Texas since 2009, and its 2013 edition notes “Li Chen is a widely respected lead litigator and trial lawyer with strategic vision.” Best Lawyers in America by Woodward White, Inc. lists Li in its 2012-2017 editions. Its 2015 edition quotes clients as saying “Mr. Chen is one of the most effective and efficient counsel I have ever worked with” and that he has a “great understanding of business operation(s).” Others have observed that Li "coalesces ... technical knowledge ... legal acumen ... and negotiation skills to provide ... exceptional legal advice in a 'user-friendly' manner," and that he has a "great understanding of business operation[s]."

Li is listed as a local litigation star (Texas) by Benchmark Litigation (2015-Present), as an “IP Star: (Texas) by Managing IP (2014 -Present), and in The Legal 500 (2014). He is recognized by D Magazine in its edition of Best Lawyers in Dallas—Intellectual Property Law (2014), ranked among Super Lawyers (a Thomson Reuters service) magazine’s Top 100 lawyers in Texas from 2013 to present, as well as by Martindale-Hubbell (for Complex Commercial Litigation, IP Litigation, and Technology Transactions - since 2010). Prior to founding CHEN MALIN LLP Li was the Dallas Office IP Litigation Group Head of an international law firm.

Li’s practice encompasses intellectual property litigation, complex commercial litigation and technology transactions/licensing. He has served as lead / co-lead counsel in dozens of cases, involving patent disputes and claims of fraud, breach of fiduciary duty, shareholder oppression, and breach of contract. His patent cases in years past include forums such as the International Trade Commission in D.C. and district courts in California, Colorado, Delaware, Illinois, Indiana, Massachusetts, Michigan, New Hampshire, Ohio, Texas, Utah, and Virginia. Having lived in Taiwan for nearly a decade, Li also draws on this background to advise clients, in both English and Chinese, on how they may overcome cultural, language and legal barriers to find sensible business solutions. Li has successfully led numerous technology transaction and patent licensing negotiations, including multiple trans-national ERP implementations and negotiations against NPEs such as Round Rock Research LLC.

Practice Areas

  • Complex Commercial Litigation
  • Intellectual Property Litigation
  • Technology & IP Transactions

Representative Matters

Patent Litigation

  • Lead counsel for Respondents ASUSTeK and Realtek Semiconductor in Inv. No. 949. Li was the architect of a strategy that prompted the ITC to place Inv. 949 into its pilot program—the first investigation to earn that distinction before the ITC. The proceedings in the pilot program forced the complainant to withdraw 2 of its 5 asserted patents, and to withdraw a third patent after claim construction. After the complainant withdrew its third asserted patent the case settled on confidential terms.
  • Co-Lead trial counsel for Tellabs in Fujitsu Ltd. v. Tellabs Operations, Inc., Civil Action No. 1:09-cv-04530 (N.D. Ill.). The case probed whether Fujitsu’s patent is encumbered by RAND obligations; whether Fujitsu breached its RAND obligation; and, if so, whether that breach reflected a willful and intentional attempt to injure Tellabs. Eleven (11) separate questions were submitted to the jury, including one submitted under the clear and convincing standard. After a brief deliberation an 8-member jury returned a verdict in Tellabs’ favor on all 11 questions. Based on the jury’s findings the court issued a show cause order to determine why Fujitsu’s patent should not be held unenforceable as to Tellabs. As the presiding judge observed, the question of whether a RAND breach can lead to an unenforceability finding is an issue of first impression.
  • Lead trial counsel for Respondent Realtek Semiconductor in Inv. No. 749(c). Li’s trial examination of the opposing expert persuaded the International Trade Commission that Realtek did not infringe the asserted patent and that the contrary position urged by the opposing party led to “absurd” results.

Commercial Litigation

  • Architect and co-lead litigation counsel in Tellabs’ trade secret misappropriation, tortious interference, unfair competition, and business disparagement claims against Fujitsu. This bet-the-company case was one of a series of cases that ran for 7 years between the two parties. After Tellabs secured several trial wins and brought the foregoing commercial tort claims, the parties agreed to settle the case on confidential terms.
  • Architect and litigation counsel for a semiconductor manufacturer (the plaintiff) in a breach of fiduciary duty and breach of contract claim that was valued at approximately 10-figures. After 4 years of litigation and approximately 4 months before trial, the defendants (a major semiconductor company and its executive) switched litigation counsel. The case later settled on confidential terms a month before trial.
  • Co-Lead trial counsel for Plaintiffs Bo Strathmeyer and Alentown International in a breach of fiduciary duty, shareholder oppression, and breach of contract suit brought against a majority shareholder. After observing our lawyers present their case on the first day of trial, defendant agreed to settle the case by paying a 150% premium to an offer he rejected just two (2) weeks earlier. The agreed payment exceeded the compensatory damages sought in the case.

IT Transctions / Patent Licensing

  • Lead counsel for multiple Fortune 500 and Global Fortune 500 companies as well as certain governmental agencies, negotiating transactions involving complex IT systems. These transactions include negotiations on behalf of the North Texas Tollway Authority concerning the design and implementation of an IT system that, when implemented, will drive all of NTTA’s annual operating revenues (currently in the 10-figure range). The CHEN MALIN team were selected to lead a team of AmLaw 100 and 200 firms, where the counter-party was represented by a well-known AmLaw 200 firm. At the conclusion of the negotiations, the vendor agreed to warrant the project would be on-schedule and within budget, suitable for its intended purpose, secure, interoperable, scalable, and best-in-class. The vendor further agreed to a 10-year warranty period, and to provide coverage for NTTA’s loss of revenues.
  • Lead counsel for a metals industry client in a global enterprise resource planning (ERP) implementation transaction. The concessions that Li secured from the ERP implementer—one of the top 50 technology companies in the world—prompted the implementer to subsequently seek Li’s advice on licensing negotiation strategies.

Events

Li has spoken on intellectual property issues before a wide range of international audiences. Attendees have included scholars, judges and government officials at conferences held in Beijing, Guangzhou, Shenzen and Taipei, as well as department heads from Vietnam’s National Office of Intellectual Property. Li has also been a panelist at national conferences in Washington, D.C. and Texas, speaking on such issues as trade secret laws, patent litigation techniques and damages jurisprudence.

Pro Bono

  • Lead trial counsel for a pro bono client in a state court action. After a two-day trial the court granted judgment in favor of Li’s client and ordered defendant’s name be stricken from a decades-old deed based on theories of fraud and constructive trust.
  • Li defended the Mexican American Legal Defense and Educational Fund (MALDEF) in a case in which the organization was accused of conspiring with government agents to deprive the civil rights of a Latino American. This claim was the first of its kind in MALDEF’s 30-plus-year history. After reviewing Li’s motion, the court dismissed the plaintiff’s claims.

Admissions & Certifications

  • U.S. PATENT & TRADEMARK OFFICE, 1999
  • U.S. COURT OF APPEALS, FEDERAL CIRCUIT, 1998
  • U.S. DISTRICT COURT, E.D. OF TEXAS
  • U.S. DISTRICT COURT, N.D. OF TEXAS
  • U.S. DISTRICT COURT, S.D. OF TEXAS
  • TEXAS, 1997

Education

  • UNIVERSITY OF HOUSTON LAW CENTER (J.D., 1997)
  • UNIVERSITY OF HOUSTON (M.B.A., 1997)
  • UNIVERSITY OF HOUSTON (B.S. IN ELECTRICAL ENGINEERING, 1992)