Overview

Top-performing litigator Betty Chen regularly represents clients in high-stakes and high-profile patent, trade secret, antitrust, breach of contract, and fraud litigation. 

Betty is an innovative, zealous, and talented trial lawyer with extensive courtroom experience, legal acumen, and a deep understanding of the technologies that underlie her clients’ products. Armed with these skills, she has achieved an impressive record in successfully litigating contentious, bet-the-company cases. In proceedings across the U.S., her sophisticated legal strategies have helped numerous clients win summary judgments and jury verdicts, favorable negotiated settlements, and voluntary dismissals of plaintiff claims in multimillion-dollar disputes. Known for her collegiality, excellent communication, and efficiency, Betty maintains a sharp eye on her clients’ goals and budgets throughout the litigation process. 

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 and fair, reasonable, and nondiscriminatory licensing litigation. Betty also counsels her clients on strategic patent prosecution and portfolio management, as well as IP due diligence for major mergers and acquisitions.  

Betty has represented clients from a spectrum of industries, with a focus on multinational pharmaceutical, life sciences, and technology companies. Her clients’ 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 country, before the U.S. International Trade Commission, and in arbitration and other alternative dispute resolution proceedings. 

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 one of Legal Momentum’s 2020 “Women of Achievement” and as a “2020 Diversity Leader” by Profiles in Diversity Journal. Throughout the years, she has received many other accolades from organizations and publications such as the National Asian Pacific American Bar Association, the Silicon Valley Business Journal, Super Lawyers, and more. 

Betty is a sought-after panelist and moderator and is regularly asked to discuss emerging issues in patent litigation and intellectual property law. She is also an active member of several legal organizations, including the Asian Law Alliance, the Asian Pacific American 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 a diverse and inclusive workforce. She serves as global hiring principal across the firm’s 14 offices in the U.S., Germany, and China, is a member of 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 to Kids in Need of Defense, an organization that helps unaccompanied immigrant children navigate asylum and immigration proceedings and find refuge in the U.S. 

Experience

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.

Professional associations

  • Asian Law Alliance, Advisory Board of Directors
  • Asian Pacific American Bar Association of Silicon Valley
  • National Asian Pacific American Bar Association