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ITC Ruling Is Groundbreaking For IPRs In Investigations

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For the first time, the U.S. International Trade Commission has fully suspended enforcement of remedial orders in view of an earlier Patent Trial and Appeal Board final written decision holding all infringed claims unpatentable.

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For the first time, the U.S. International Trade Commission has fully suspended enforcement of remedial orders in view of an earlier Patent Trial and Appeal Board final written decision holding all infringed claims unpatentable.In this article, MoFo partners Mark Whitaker and Lily Li explored the significance of this groundbreaking ruling.Read the <a href="https://www.law360.com/articles/1307409/itc-ruling-is-groundbreaking-for-iprs-in-investigations" target="_blank">full article</a>.

ITC Ruling Is Groundbreaking For IPRs In Investigations

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Mark Whitaker is co-chair of the firm’s Intellectual Property Litigation Practice and has more than 30 years of experience crafting legal strategies in high-stakes patent and trade secret litigation.Mark sees the whole board for each of his clients, and works closely with them to define a successful litigation outcome and determine the best path to achieve that goal. He has extensive experience navigating the rules and procedures in the nation’s top patent litigation venues, including U.S. district courts, the International Trade Commission, and the Court of Federal Claims.Mark regularly acts as lead counsel in matters involving technologies such as semiconductors, photo/optical technologies, chemicals, and database analytics. His clients do business in a broad range of industries including pharmaceuticals, medical devices, consumer products, and telecommunications. He often leads a team of MoFo lawyers representing several defendants in parallel multipatent litigations.A past president of the American Intellectual Property Law Association, Mark was elected to their prestigious Fellows membership in 2019. He is a frequent speaker at the American Bar Association, the Practising Law Institute, the Minority Corporate Counsel Association, and numerous CLE events all over the country. He is also the current co-chair of MoFo’s Diversity Strategy Committee, building on decades of experience leading law firm diversity and inclusion efforts. Additionally, Mark currently serves on Law360’s Intellectual Property Editorial Advisory Board, having been selected twice since 2021.Mark is a veteran of the U.S. Navy, having served first as a surface warfare officer and later as a member of the Navy Judge Advocate General’s Corps. Following his military service, he began his private-practice legal career as a commercial litigator before concentrating on IP and technology litigation.

Mark L. Whitaker

Partner

Lily Li is a partner in the firm’s Litigation Group. She has represented companies in high-stakes patent litigation, trade secret matters, competitor cases, non-practicing entity assertions, and commercial disputes.Leveraging her in-house experience and technical expertise, Lily collaborates with clients to create and execute effective legal strategies that achieve their business objectives. Lily has litigated before state and federal courts, the International Trade Commission, international arbitration tribunals, and the U.S. Patent and Trademark Office. Her matters have spanned a wide range of technologies, including computer hardware and software, semiconductors, autonomous driving, aviation, consumer electronics, wireless communication, medical devices, and pharmaceuticals. Lily has been repeatedly recognized as one of the “Ones to Watch” by Best Lawyers, a “Rising Star” by Managing IP, and a “Rising Star” by Super Lawyers.Lily frequently advises domestic and international clients in complex cross-border disputes. She was selected to participate in the Federal Circuit Bar Association’s Global Fellows program in 2023-2024, which brings together emerging leaders from the global IP community.Lily is devoted to promoting justice and committed to pro bono work. She has volunteered countless hours to litigate matters to champion human rights and improve children’s public education.During and before law school, Lily was an intellectual property manager for a semiconductor company, where she prosecuted patent applications and strategized the company’s global patent portfolios. Lily earned her bachelor’s degree in electrical engineering. She also studied and researched artificial intelligence during graduate school and published articles, including in the IEEE Transactions on Neural Networks.Lily is a native Mandarin speaker and is admitted to practice in California and before the U.S. Patent and Trademark Office and Federal Circuit.

Lily Li

ITC Litigation