- A top-performing litigator who regularly handles high-stakes and high-profile patent, trade secret, antitrust, breach of contract, and fraud lawsuits, among other matters.
- Clients range from startups to multinational, Fortune 100 companies whose products include pharmaceuticals, medical devices, 5G wireless network technologies, smartphones, hardware, software, and other products powering the global information and technology economy.
- Serves as global hiring principal across the firm’s 14 offices in the U.S., Germany, and China.
Betty is an innovative, zealous trial attorney whose extensive courtroom experience, legal acumen, and deep understanding of the technologies that underlie her clients’ products enable her to successfully resolve and litigate bet-the-company cases. In proceedings across the country, her sophisticated legal strategies have helped numerous clients win summary judgments and jury verdicts, negotiate favorable settlements, or achieve the voluntary dismissal of plaintiff claims in multimillion-dollar disputes. Known for her collegiality and communication skills, Betty maintains a sharp eye on her clients’ goals and budgets at every step of the litigation process.
Betty has represented clients from across the spectrum of industries, with a focus on multinational pharmaceutical, life sciences, and technology companies whose products include 5G wireless communication infrastructure, software and applications, medical devices and parts, semiconductors, hardware, consumer electronics, and other cutting-edge technologies. Her experience in dispute-resolution forums is equally diverse; she has successfully tried matters in U.S. district courts and state courts across the U.S., before the U.S. International Trade Commission (ITC), and in arbitration and other alternative dispute resolution (ADR) proceedings.
Among other matters, Betty has served as lead counsel in Hatch-Waxman, trade secret, antitrust, breach of contract, fraud, and patent cases, including standard-essential patents (SEP) and fair, reasonable, and non-discriminatory (FRAND) licensing litigation.
Betty is the recipient of the American Bar Association’s 2020 “On the Rise” award, given to members of the organization who have demonstrated a broad range of high achievement, innovation, vision, leadership, and service to the profession and community. She was also named a 2022 “Top IP Lawyer” by the Daily Journal and selected for inclusion in IAM’s 2021 Patent 1000 list and Managing IP’s 2022 list of “IP Stars.” These most recent honors are the latest in a series of accolades from organizations and publications such as Profiles in Diversity Journal, Legal Momentum, the National Asian Pacific American Bar Association (NAPABA), the Silicon Valley Business Journal, Super Lawyers, and more.
Betty is a sought-after panelist and moderator regularly asked to discuss emerging issues in patent litigation and intellectual property law. She is also an active member of a number of legal organizations, including the Asian Law Alliance, the Asian Pacific Bar Association of Silicon Valley, and NAPABA.
The first minority woman to serve as Fish’s global hiring principal, Betty is helping advance the firm’s commitment to building and sustaining an inclusive workforce. She also serves on the firm’s diversity committee and was Fish’s 2016 Leadership Council on Legal Diversity Fellow. In the community, Betty regularly provides pro bono counsel for Kids in Need of Defense, an organization that helps unaccompanied immigrant children navigate asylum and immigration proceedings and find refuge in the U.S.
- “‘You Can’t Fire Me, I Quit’ Is Now A FRAND Strategy,” Law360 (August 23, 2022)
- “Skilled in the Art With Scott Graham: Judge Dyk Reflects on 60 Years in Law, Including Two Awaiting Senate Confirmation + Sen. Leahy Marks 10 Years of the AIA With the PTAB Bar Association,” Law.com (March 25, 2022)
- “Trade Court Cuts Imports Of Infringing Skull Razors,” Law360 (March 21, 2022)
- “Fish & Richardson Obtains Settlement and License Agreement for Skull Shaver in Patent Infringement Dispute with Magicfly,” (April 30, 2021)
- “Keeping Pace with Ever-Evolving Intellectual Property Disputes,” interviewee, Corporate Counsel Business Journal (March 2021)
- “The Go-To Big Law Firms Behind Apple, Microsoft Patent Victories,” Bloomberg Law (December 8, 2020)
- “Silicon Valley Lawyer Creating Value for Women in STEM,” interviewee, Profiles in Diversity Journal (April 2017)
- “Talk Slowly, Think Quickly: Lessons on Trial Presentation,” EDTX Bench Bar Conference (October 28, 2022)
- “COVID-19: Contract Management and Litigation Risk,” Asian Pacific American Bar Association of Silicon Valley, Webinar (May 2020)
- “Texas Engineering Law and Ethics,” San Antonio (September 2019)
- “Pretrial Practice,” Litigating Patents Effectively, Stanford Law School (September 2018)
- “Section 102/103 Invalidity,” 18th Annual Berkeley-Stanford Advanced Patent Law Institute (December 2017)
- “Getting Your Foot in the Door for Big Law,” National Asian Pacific American Bar Association Convention (November 2017)
- “Identifying, Developing & Retaining Minority Talent,” LegalWeek West Coast, San Francisco (June 13, 2017)
- “IP Considerations in Cross-border Deals between China and U.S. Companies,” Conference of the Chinese American Biopharmaceutical Society (June 2017)
- “Recent Flip-Flops in Intellectual Property Law,” Fish L.E.A.D. Event (September 2017)
- “When the Boys Go Golfing: Bonding, Networking & Promoting Yourself,” Women in IP & Law Silicon Valley (June 2017)
- “Judges Panel with NDCA and EDTX District Court Judges,” 17th Annual Berkeley-Stanford Advanced Patent Law Institute (December 2016)
- “Revisions to the Local Rules, Standing Orders & Thoughts on Timing of PTAB Petitions & Stays Pending Inter Partes Review,” Eastern District of Texas Bench and Bar Conference (October 2016)
- “Smarter, Faster, Cheaper Technology Dispute Resolutions,” Association of Corporate Counsel (September 2016)
- “Next Steps for Next Gen: Practical Ways to Empower Younger, More Diverse Lawyers,” Fish Webinar Series (July 2016)
- “Next Steps for Next Gen: Practical Ways to Empower Younger, More Diverse Leadership,” Federal Circuit Bar Association Bench/Bar Conference (June 2016)
DUSA Pharmaceuticals, Inc. v. Biofrontera, Inc. (D. Mass.) – Represented plaintiff in successfully obtaining preliminary injunction in a medical device matter involving trade secret misappropriation, patent infringement, unfair and deceptive trade practices, and tortious interference claims. The case settled favorably on the eve of trial.
Represented a pharmaceutical company in a patent infringement suit brought under the Hatch-Waxman Act against a proposed generic version of a patented anti-inflammatory drug.
Galephar Pharmaceutical Research Inc. et al. v. Upsher-Smith Laboratories (D.N.J.) – Represented the plaintiffs in a Hatch-Waxman case regarding ABSORICA® (isotretinoin) capsules. The case went to confidential binding arbitration in March 2020, which resulted in a favorable decision for the plaintiffs.
In the matter of Certain Electronic Shavers and Components and Accessories Thereof, No. 337-TA-1230 (ITC) – Represented Skull Shaver, a New Jersey-based company that produces a line of electric shaver products, in successfully obtaining a rare general exclusion order (GEO) against a range of manufacturers creating knock-off products. The GEO will prevent all importation of infringing products regardless of whether a company was specifically named in the investigation or how a product is branded/labeled in the marketplace.
Innovative Foundry Technologies LLC v. Semiconductor Manufacturing International Corporation et al (WDTX) – Represented Semiconductor Manufacturing International Corporation Americas (SMIC) in patent litigation asserted by Innovative Foundry Technologies LLC (IFT). IFT alleged that SMIC infringed four of its patents. SMIC subsequently filed inter partes review seeking to invalidate each of the four patents in the PTAB. After two of the IPRs were instituted, the matter was resolved via confidential settlement.
Realtime Adaptive Streaming v. Adobe Systems Inc. (C.D. Cal.) – Represented Adobe in the District of Massachusetts in an infringement matter asserted by Realtime Adaptive Streaming LLC. The case involved seven patents relating to video compression technologies. Fish successfully defeated multi-district consolidation with other pending cases and transferred the case to the Central District of California. After multiple wins on claim construction and in inter partes review proceedings, Realtime voluntarily dismissed the case.
Taro Pharmaceuticals USA Inc., et al. v. Lupin Ltd. (D.N.J.) – Represented Taro in a Hatch-Waxman patent infringement matter against Lupin. The dispute arose from the submission of an ANDA directed to a generic version of Taro’s patented Topicort® (desoximetasone) Topical Spray, 0.25%, a leading treatment of plaque psoriasis. The case settled favorably during discovery.
Looksmart Group Inc. v. Microsoft Corp. (N.D. Cal.) – Represented Microsoft in a patent infringement suit involving Microsoft’s search technology. Won multiple motions to strike that wiped away Looksmart’s infringement and damages theories. Looksmart then dismissed the case with prejudice.
Represented a Fortune 50 consumer electronics manufacturer in an Eastern District of Texas patent infringement dispute with E-Contact Technologies, LLC, involving autocomplete technology. Fish successfully invalidated the patent on summary judgment.
EveryScape, Inc. v. Adobe Systems Incorporated (D. Mass.) – Represented Adobe in a patent infringement suit related to technology used in Photoshop. Won a jury trial of patent invalidity.
Reihanifam v. Fresenius (C.D. Cal.) – Represented Fresenius against claims of retaliation, failure to prevent retaliation, wrongful discharge in violation of public policy, breach of contract, and breach of implied covenant of good faith and fair dealing. Won a jury trial on all claims.
Ariba, Inc. v. Coupa Software Inc. – Represented Coupa in California state court against claims of misappropriation of trade secrets and conversion. The case settled favorably.
Hagenbuch v. Komatsu America Incorporated (C.D. Ill.) – Represented Komatsu against claims of breach of contract and patent infringement involving vehicular technology. The case settled favorably.
MasterObjects, Inc. v. Microsoft Corp. (N.D. Cal.) – Represented Microsoft in a patent infringement suit related to internet search and autocomplete technology. The case settled favorably.
Airmid IP LLC v. Terumo Cardiovascular System Corporation (E.D. Mich.) – Represented Terumo in a patent infringement suit related to technology for cardiopulmonary bypass and cardioplegia. The case settled favorably.
Hubbell Incorporated et al. v. The Watt Stopper, Inc. (WDTX) – Represented Watt Stopper in a patent infringement suit involving lighting technology. The case settled shortly before trial.
- Named a “Top IP Lawyer,” Daily Journal (2022)
- Named a “Northern California Rising Star” by SuperLawyers (2019-2021)
- Named a “Leading Patent Professional” by IAM Patent 1000 (2021)
- Legal Momentum, “Women of Achievement” (2020)
- American Bar Association, “On The Rise — Top 40 Young Lawyers” (2020)
- Profiles in Diversity Journal, “Diversity Leader” (2020), “Women Worth Watching” (2019), “Women Worth Watching in STEM” (2017)
- National Asian Pacific Bar Association, “Best Lawyers Under 40” (2017)
- Silicon Valley Business Journal, “Women of Influence” (2017), “40 Under 40” (2016)
J.D., University of Texas Law School (2006)
B.S., Business, University of Southern California (2003)
- Texas 2006
- California 2013
- Washington 2021
- Mandarin Chinese
U.S. District Court for the Eastern District of Texas, The Honorable Ron Clark, 2006 - 2008
Asian Law Alliance, Advisory Board of Directors
Asian Pacific American Bar Association of Silicon Valley
National Asian Pacific American Bar Association
June 2, 2022
Fish & Richardson Named a Top ITC and Life Sciences Firm by Managing IP; Attorneys Named IP Stars
April 20, 2022
Betty Chen Named to Daily Journal’s 2022 “Top Intellectual Property Lawyers” List
December 13, 2021
Fish & Richardson Obtains Initial Determination Recommending a General Exclusion Order for Skull Shaver in Patent Infringement Dispute
July 15, 2021
Fish & Richardson Attorneys Named to 2021 Northern California Super Lawyers List
July 7, 2021
Fish & Richardson Receives Top Rankings in 2021 Edition of IAM Patent 1000: The World’s Leading Patent Professionals
April 30, 2021
Fish & Richardson Obtains Settlement and License Agreement for Skull Shaver in Patent Infringement Dispute with Magicfly
April 13th, 2021 | 5:30 pm EDT
2021 American Bar Association - Intellectual Property Law Section Annual Meeting
March 31, 2021
Q&A with Betty Chen for Corporate Counsel Business Journal
Author: Betty H. Chen
December 11, 2020
Fish's 2021 1L Diversity Fellowship Program Application Now Live
October 15, 2020
Fish & Richardson Ranked #1 “Best Law Firm for Intellectual Property” in Vault’s 2021 Nationwide Survey
June 22, 2020
Betty Chen Named a 2020 On the Rise – Top 40 Young Lawyer by the ABA
March 6, 2020
Betty Chen, 2020 Diversity Leader by Profiles in Diversity Journal