Irene Xu focuses her practice on intellectual property (IP) litigation and patent prosecution. With a focus on the technology sector, Irene advises clients on IP litigation (especially patent and trade secret litigation) before US district courts and the International Trade Commission (ITC). Irene has experience with patent prosecution and post-grant proceedings (including ex parte reexaminations and inter partes reviews (IPRs)) before the US Patent and Trademark Office (USPTO). She further counsels clients on international patent prosecution and global patent portfolio management.
Irene also assists clients with IP due diligence, IP licensing, and technical transactions in the biological, pharmaceutical, chemical, electronic engineering, optical, material, and mechanical industries. She further counsels clients on legal opinions concerning noninfringement, invalidity, and freedom to operate.
Assisted Boviet Solar Technology Co. Ltd., Boviet Renewable Power LLC, Boviet Solar USA Ltd., and Ningbo Boway Alloy Material Co. Ltd. (collectively, Boviet) in a significant victory in a Section 337 investigation before the ITC filed by Advanced Silicon Group Technologies, LLC asserting infringement of six patents covering complex solar power and conductive cell technology. The case went to trial and the administrative law judge found in favor of Boviet on multiple grounds, including no infringement on all asserted patent claims, invalidity on certain asserted patent claims, and complainant not meeting the technical prong of the domestic industry. This total win helps Boviet avoid a ban on the importation of solar products designed for clean energy
Assisted Changzhou Kaidi Electrical in securing a complete victory in an IPR proceeding before the USPTO Patent Trial and Appeal Board (PTAB), which found that all claims challenged by Kaidi were unpatentable over two different combinations of references
Assisted global mobile data service provider uCloudlink in defeating trade secret misappropriation allegations in a patent case brought by competitors, and building strong noninfringement positions and preserving claim construction issues for uCloudlink to reverse the district court’s summary judgment and win the appeal of infringement and claim construction issues at the US Court of Appeals for the Federal Circuit
Assisted a Chinese lighting product manufacturer, its owner, and its US distributor in dismissing the case before the US District Court for the Eastern District of Texas and compelling arbitration in Shanghai, China, by showing that although the defendants were not a party to the agreement with plaintiff that includes an arbitration clause, the nonsignatory defendants could compel arbitration of the dispute based on two independent grounds
Represented Jiangsu Nata Opto-electronic Material Co., Ltd. in negotiating and acquiring $10 million worth of global patent families from a subsidiary of DuPont, including conducting IP due diligence, and reviewing and revising the asset purchase agreement and associated papers; assisted Jiangsu Nata in continuing prosecuting the purchased global patent families and growing its patent protection
Assisted a Chinese display manufacturer in prosecuting its US patents and managing its global patent portfolio to protect innovations related to active matrix, inorganic micro-LED display chips and panels with wavelengths ranging from ultraviolet to visible to infrared
Advised multiple clients on noninfringement, invalidity, and freedom to operate
Assisted multiple companies with IP due diligence related to investments and merger and acquisition transactions
Santa Clara University School of Law, 2018, LL.M., US Law with specialization in Intellectual Property
Shanghai Jiao Tong University, 2018, Juris Master, Law