Yichao YuPartner
Yichao Yu’s practice focuses on complex IP litigation, including patents, trade secrets, software copyrights, unfair competition, and trademarks, etc. Yichao’s practice covers a wide range of industries, including semiconductors, aerospace, telecommunications, computer software, internet, and medical devices. Before joining Jiayuan, Yichao worked at a leading Chinese law firm and a well-known patent litigation firm in Silicon Valley, California. Yichao specializes in handling cases from both technical and legal perspectives and is well-versed in China and the US's judicial practice of intellectual property, especially the views and decision rules of IP courts, including IP court of the Supreme Court. Many cases represented by him have been selected as one of the Top Ten Cases of Judicial Protection of Intellectual Property Rights in local courts, Typical Cases in the Bulletin of the Supreme People's Court, the Essentials of Decisions of the Intellectual Property Courts of the Supreme People's Court and the Abstracts of Annual Reports on Intellectual Property Cases of the Supreme People's Court.
Representative Deals
- Represented a Chinese leading smart touch components manufacturer as a plaintiff in a patent infringement litigation case and a trade secret infringement misappropriation case against its competitor and former employees in China. Result: Obtained judgment in favor of the client through the second trial in the IP Court of the Supreme Court. The judgement was selected for inclusion in the "Highlights of judgements of the Intellectual Property Courts of the Supreme Court" and the "Summary of Annual Reports of the Supreme Court on Intellectual Property Cases".
- Represented one of the world's leading aerospace flight simulation companies in a series of trade secret infringement misappropriation cases with former employees, which related to national strategic aviation flight simulation technology.
- Represented HKC, a leading global LCD manufacturer, in 20 patent infringement lawsuits and invalidation proceedings against its competitor in China, represented the client in the trial of the Supreme People’s Court and other local IP courts, etc. Result: Obtained judgments of non-infringement in favor of client on all patents, affirmed by the Supreme People’s Court of China.
- Represented a Swedish international manufacturing company in the second trial of a patent invalidation administrative dispute before the Supreme People's Court, which was selected as a typical case in the Bulletin of the Supreme People's Court.
- Represented a large Chinese listed chemical company in a dispute over infringement of technical secrets filed by its competitor, which involved a biodegradable production process and a production unit, and ultimately succeeded in finding that the technical information claimed by the other party did not constitute a technical secret.
- Represented a Chinese ETC and automated driving technology developer in patent infringement disputes, infringement of technical secrets disputes, and integrated circuit layout design disputes with a Beijing-based chip manufacturer.
- Represented a U.S. chip manufacturer in five patent infringement disputes with Intel in the U.S. District Court for the Western District of Texas involving various chip products.
- Represented Samsung Electronics Co., Ltd. and Samsung China in patent infringement litigation and patent invalidation proceedings brought by a competitor and successfully invalidated the patents involved.
- Represented Walmart in a series of unfair competition disputes involving imitation of its
- Represented a leading touch interactive software company in a computer software copyright infringement dispute with a departed employee. In this case, when the plaintiff was unable to provide the source code, the plaintiff flexibly applied the rules of burden of proof and dug deep into the similarities of the software to overturn the expert report which was unfavorable to the plaintiff, Result: Successfully determined that the defendant constituted infringement.
- Represented SCLA, a renowned animation IP licensing company, in a copyright infringement litigation case and an unfair competition case regarding Ultraman against its competitor in China, represented the client in several court trials, assisted with litigation-related affairs in the U.S./Japan/Thailand, etc. Result: Obtained judgment of non-infringement in favor of the client.
Education
- Stanford Law School, L.L.M, Law, Science & Technology
- Sichuan University, Juris Master (J.D. equivalent)
- Chengdu University of Information Technology, Bachelor of Engineering in Network Engineering
Academic paper
- Patent Operation Practical Decoding Series: Patent Protection, Intellectual Property Publishing House, August 2018
- TRO in U.S.-China Patent Infringement Disputes: Considerations of Federal Courts Refusing to Issue TRO in U.S. Patent Infringement Litigations—From Waters Corp. v. Agilent Tech. Inc., Frontiers of Knowledge and Production, April 2023
- Anti-Monopoly Civil Litigation Practice in China: Determination of Territorial Jurisdiction in Monopoly Disputes, Intellectual Property Frontier, June 2023
