Safeguarding Trade Secrets in China’s Changing IP Landscape

From 2012 to 2019, Mr. Diehl was Senior Director for Innovation and Intellectual Property in the Office of the United States Trade Representative. There, he engaged in intellectual property-related trade negotiations primarily with China, as well as with Taiwan, Korea, other trading partners in Asia, Europe, and the Americas. In respect to China, his focuses included IP issues relating to standards, licensing, and incentives.

From 1996 to 2012, Mr. Diehl worked at the U.S. International Trade Commission (USITC), first in the Office of the General Counsel and then as an Advisor to Chairman Shara L. Aranoff. His focuses included complex Section 337 investigations and the defense of USITC determinations before U.S. courts and World Trade Organization and North American Free Trade Agreement panels. Prior to 1996, he represented clients on international trade and civil litigation matters in private practice in Washington, D.C., and Miami, Florida.

Mr. Diehl has an LLM from the George Washington University Law School, a JD from the University of Miami School of Law, and a BA from Emory University.

Jing Liu is the founder and CEO of Skyroam, a leading global mobile data connectivity company. Jing founded Skyroam after identifying a common pain-point among fellow travelers: getting a fast, secure, and reliable mobile internet connection on the go. To solve this problem, Skyroam developed and patented its virtual SIM (vSIM) technology, which delivers on-demand local wireless data through local carrier partnerships around the world. Enjoyed by over 15 million users worldwide, Skyroam’s global hotspots are embedded with patented vSIM technology, thus enabling unlimited mobile WiFi service in more than 130 countries. Jing’s vision for Skyroam and the wide-ranging capabilities of vSIM has led to a strategic shift to provide data connectivity as a Service Platform, enabling OEMs of smartphones, laptops, wearables, automotive, and other smart devices to deliver on-demand data services to their users.

This is the third company founded by Liu. Prior to starting Skyroam in 2008, Liu founded MINO in 2004, providing voice over IP service on Blackberry phones to large enterprise customers. Prior to MINO, Mr. Liu was a founding member and executive at Asia-Links.

Mr. Liu was born in Beijing. He came to the United States at a young age and grew up in Cleveland, Ohio, where he attended junior high and high school. He subsequently went to Case Western Reserve University in Cleveland. He came to Silicon Valley in 1996 and worked in the IT industry for several years before he decided to commit to being an entrepreneur.

Mr. Liu is an avid traveler, although that passion has been put on hold during these challenging times. In his spare time, you can find him playing tennis, basketball, swimming, hiking, or skydiving.

Ruixue Ran specializes in U.S. Section 337 investigations (“ITC practice”) and intellectual property litigation (“IP litigation”). Her practice has involved cases spanning a wide range of claims, including patent, trade secrets, trademark, and other types of unfair competition.

A pioneer ITC practitioner in China, Ms. Ran is among the few lawyers who have consistently handled Section 337 cases on behalf of Chinese companies over the years and has substantial experience in representing Chinese companies in high-stakes IP litigation before the ITC and U.S. courts. Her representative cases include the historic litigation victory for Baosteel and China’s steel industry in all three claims of the Section 337 Steel case (Inv. No. 337-TA-1002). She further serves as coordinating counsel for Chinese companies’ complex IP litigations in multiple jurisdictions, including but not limited to the U.S., EU, and China.

In addition, she helps multinational clients navigate cross-border IP litigations involving China and coordinates legal proceedings outside of China with overall global IP strategy. With integrated litigation experience in China and U.S., she has succeeded in resolving international companies’ high profile disputes in China.

Ms. Ran’s successful representation of clients has drawn upon her rich work experience in both U.S. and Chinese law firms, U.S. and Chinese companies, and the Chinese government, as well as her in-depth understanding of the hi-tech and manufacturing sectors.

Asian Legal Business named her one of the “Top 15 Female Lawyers in China” in 2015 and one of the “Top 15 IP Lawyers in China” in 2016. China Law & Practice named her the IP Lawyer of the Year in 2018.

Partner, AnJie Law Firm and Former Deputy General Counsel and Chief Intellectual Property Counsel of Honeywell Asia Pacific

Jerry Xia is a partner at AnJie Law Firm and former Deputy General Counsel and Chief Intellectual Property (IP) Counsel of Honeywell for the Asia Pacific region. He has been based in Shanghai since 2007.

Mr. Xia has a wealth of IP experience in China and Asia both as in-house counsel and as private practitioner for over 18 years, encompassing all aspects of IP law practice, with a special focus on patent, trademark, and trade secret litigation in China.

Before joining AnJie Law Firm in early 2019, Mr. Xia led Honeywell’s IP function in the Asia Pacific region for 11 years, where he handled numerous award-winning IP lawsuits including a landmark preliminary injunction against a patent infringer in China. Prior to Honeywell, Mr. Xia worked in the Hong Kong and Shanghai offices of the international law firm Baker McKenzie, practicing Chinese IP law. Prior to this, he was a legal manager for Datang Mobile, a leading Chinese telecom equipment supplier based in Beijing.

Mr. Xia is widely recognized in the IP community. He was listed by the Chinese Ministry of Industry and Information Technology as an “IP Expert” in the industry and information technology field. He has also been recognized by Asia Legal Business’ “ALB China Client Choice,” the IAM 300, the World Trademark Review’s “WTR 1000,” and Who’s Who Legal’s “WWL Trademarks.” Previous recognition includes Managing IP’s “Corporate IP Stars,” the Legal 500 “Corporate Counsel 100 in Asia Pacific,” the World Trademark Review’s “Global In-house Counsel of the Year,” the “In-house Counsel of Distinction” from Asia Lawyers, and the “AP IP Individual of the Year” from the International Law Office and the Association of Corporate Counsel.

Mr. Xia holds law degrees from the University of California at Berkeley, Erasmus University Rotterdam, and Peking University. In addition, he has an engineering degree in industrial automation from Beijing University of Chemical Technology.

Mr. Xia can be reached at: jerryxia@anjielaw.com or jerryxia@genlaw.com

Attorney Advisor, Enforcement Team
Office of Policy and International Affairs
U.S. Patent and Trademark Office

David Foley joined the Enforcement Team of the Office of Policy and International Affairs, U.S. Patent and Trademark Office (USPTO), in 2020. His policy portfolio includes China and trade secret-related issues. In his current role, he works with industry and advises USPTO leadership and government colleagues regarding enforcement developments and consults with foreign government counterparts on capacity building.

From 2014 until he joined the USPTO in 2020, Mr. Foley was a trial attorney in the Civil Division of the United States Department of Justice. He served as lead counsel in numerous intellectual property disputes that involved the United States as a party, including representations before administrative agencies and trial and appellate courts. He also advised agencies on intellectual property legal issues as they arose. From 2018 to 2020, Mr. Foley was detailed from the Department of Justice to the Executive Office of the President, where he was a senior policy advisor and deputy in the Office of Trade and Manufacturing Policy. In that role, he advised on a wide range of international and domestic policy issues, including trade and intellectual property.

From 2012 to 2014, Mr. Foley was an attorney advisor in the Office of the Administrative Law Judges at the U.S. International Trade Commission, where he provided subject matter expertise in trade secret, patent, and copyright Section 337 investigations. Prior to 2012, he was in private practice, where he represented corporate clients in intellectual property matters before district courts and administrative agencies.

Mr. Foley has a JD from Cornell Law School, and a BS in Electrical Engineering from Georgia Tech.

Senior Counsel for China IP
U.S. Patent and Trademark Office

Michael joined the USPTO as Senior Counsel for China IP in 2019 after serving as U.S. Intellectual Property Attaché in Shanghai for 5 years. Michael leads a team in advocating U.S. IP interests, policies and initiatives in China and works closely with U.S. right holders on IP protection and enforcement issues. He advises and coordinates with U.S. government agencies and China counterparts to resolve IP issues, promote U.S. IP policy, encourage effective IP protection and enforcement in China, and secure high IP standards in trade agreements and China IP laws. Michael joined the public sector with 20 years of experience as a nationally recognized IP practitioner, strategist and former head of the China Practice group and Technology & Intellectual Property group for U.S. law firm Stoel Rives in Salt Lake City, and previously with Morrison & Foerster in Los Angeles and Hong Kong, and Jones Day in Taiwan.
 

Michael chaired the Intellectual Property Section of the Utah State Bar and taught IP law and technology licensing as an Adjunct Professor at Brigham Young University (BYU) law school for twelve years. As a practitioner, Michael was frequently recognized for excellence in intellectual property law, being selected by Best Lawyers in America,® a well-known attorney ratings service, as Trademark Law Lawyer of the Year in 2012, and was consistently named as a top IP attorney in Best Lawyers and Chambers USA: Guide to America's Leading Lawyers for Business.

Prior to the practice of law, Michael studied international relations and Chinese language, history, and culture at BYU and Nanjing University in China. Michael holds a Juris Doctor degree from BYU Law School and is fluent in Mandarin Chinese, with a U.S. Foreign Service ILR rating of 4/4 (Full Professional Proficiency).