Kevin Su's practice emphasizes patent litigation in computer-related technologies, including clients from India, China, Germany, Taiwan, and South Korea, in addition to the United States. Kevin counsels the world's leading brands to help protect their intellectual property – and market share – as he consistently wins cases for them in district courts, appellate courts, at the Patent Trial and Board (PTAB), and the U.S. International Trade Commission (ITC). For instance, in 2018 alone, he played a leading role in major ITC investigations and trials that helped clients quickly and forcefully block imported products from infringing on their intellectual property. This included:
Attaining a limited exclusion order that barred a client's competitor from importing aerogel composite blankets into the U.S. market. This helped the client maintain its leadership position in the $3.2 billion energy-insulation market. The ruling was the culmination of several years of litigation at the PTAB and the ITC.
Preventing Toshiba from importing, marketing and selling devices that infringe on the intellectual property of Macronix, a leading integrated device manufacturer in the non-volatile memory market. It was the result of a rare reversal of an administrative law judge's initial determination of no violation. Consequently, the ITC made a new law regarding the domestic industry requirement.
Kevin also has extensive trade secret litigation experience, including the following pending actions in 2019-2020:
Counsel for respondent Guangzhou Rebenet Catering Company (and related entities) in Inv. No. 337-TA-1166, Certain Foodservice Equipment and Components Thereof, before the ITC in an unfair competition case involving allegations that his clients misappropriated trade secrets and breached contractual obligations. Obtained summary determination in favor of clients a month prior to trial.
Counsel for DUSA Pharmaceuticals, Inc. in DUSA Pharmaceuticals v. Biofrontera, Inc. (currently pending in D. Mass.), a case involving DUSA's assertions of trade secret misappropriation and patent infringement. Obtained a preliminary injunction against Biofrontera ordering Biofrontera to cease using DUSA's trade secrets and any derivatives thereof during the pendency of the litigation. Currently pending a trial date.
As a fluent Mandarin speaker, Kevin has a powerful advantage when working with companies based in Greater China. In fact, in April 2018 and February 2019, he was a panelist at the annual Harvard Law School China Law Association Symposium advising on US IP Enforcement concerning Chinese companies. In June 2018, he was a speaker at the China Central Authority MOFCOM Section 337 Seminar, and the Guangdong Province MOFCOM Section 337 Seminar, advising on "Selecting Counsel for Section 337 Investigations."
In addition to his patent litigation practice, Kevin helps young, 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 involved in the Asian Bar Association. Furthermore, he has come to the aid of children in need of political asylum and immigration representation by providing pro bono support to Kids In Need of Defense (KIND) and the Political Asylum/Immigration Representation Project (PAIR). Kevin can also be found volunteering for his church and community.
Prior to Fish, Kevin served as a judicial intern to the Honorable Dolores K. Sloviter (ret.) of U.S. Court of Appeals for the Third Circuit (2003).
Fish & Richardson P. C.
Firm Prospects attorney tracking launched in 2015/2016. Prior employment history currently unavailable.