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Vivian S. Kuo

Vivian S. Kuo has wide-ranging experience litigating patent disputes through trial in district courts and before the International Trade Commission (ITC). She represents Fortune 100 companies and other clients across an array of industries and technologies covering semiconductors, computer hardware and software, networking, consumer products, information technology, medical and biomedical devices and systems, surgical methods, telematics, and automotive electronics. Vivian also advises clients on strategic intellectual property acquisitions and asset management.

While much of Vivian’s practice is in federal trial courts throughout the United States and investigations before the ITC, she is also experienced with the U.S. Patent and Trademark Office, arbitration and appeals, as well as counseling and diligence. In addition, Vivian represents clients in aspects of antitrust and intellectual property matters involving standard-setting organizations and reverse-payment settlements of Hatch-Waxman patent litigations before the Federal Trade Commission and the Antitrust Division of the Department of Justice.

Concentrations

  • Patent litigation
  • International Trade Commission – Section 337 Litigation
  • Patent Trial & Appeal Board proceedings
  • Antitrust/IP cases (SSO and reverse payment matters)

Capabilities

Experience

  • Currently representing an optical filter company and its downstream customers in an investigation before the ITC involving patents directed to 3D sensors used in cellphones, tablets and other mobile devices.
  • Defending a Swedish manufacturer and its downstream customers in an ITC investigation involving nicotine cessation products. Successfully positioned the case for early summary determination resulting in Complainant moving to withdraw the complaint on the eve of claim construction to proceed case instead in the Northern District of California. 
  • Defended a major memory company in serially filed patent infringement actions in the Eastern District of Texas. Motions practice resulted in a settlement of all cases.
  • Represented a major memory company and its downstream customers in multi-jurisdictional bet-the-company patent litigation involving flash memory fabrication process and circuit design technology. Prevailed on various fronts, including ITC hearings and validity challenges before the Patent Trials and Appeals Board, resulting in a settlement involving payment to the alleged patent infringer.°
  • Defended a major medical products company in a patent litigation involving spine implants and surgical instruments. Obtained claim construction ruling on key terms and partial summary judgment of non-infringement, resulting in settlement.°
  • Defended an internet service provider (ISP) against claims of patent infringement covering real-time transmission of graphically simulated game information that allows users to watch simulations of live sporting events over the internet. Obtained a claim construction ruling after all other defendants had already settled with the plaintiff, ultimately leading to settlement.°
  • Defended several clients in the Eastern District of Texas against claims of patent infringement involving various telecommunication, software, and automotive technologies. Prevailed on summary judgment of non-infringement, including later affirmance by the Federal Circuit.°
  • Defended a food manufacturer against allegation of misappropriation of trade secrets and other contract and fraud claims. Prevailed on summary judgment on claims of theft of trade secrets, breach of contract, fraudulent inducement, and negligent misrepresentation.°
  • Represented a major pharmaceutical company against the Federal Trade Commission at trial and on appeal in a matter involving Hatch-Waxman litigation settlement with reverse payment. The Court of Appeals for the Eleventh Circuit upheld the client's agreements to settle patent infringement litigation with generic drug companies.°

°The above representations were handled by Ms. Kuo prior to her joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2015-2019
  • Listed, Managing IP, “Top 250 Women in IP,” 2014
  • Member, American Bar Association
    • Member, Section on Litigation
    • Member, Section on Intellectual Property
  • Member, American Intellectual Property Law Association

Credentials

Education
  • J.D., George Washington University Law School, 1998
  • M.S., Environmental Engineering, George Washington University, 1995
  • B.S., Mechanical Engineering, Rensselaer Polytechnic Institute, 1989
Admissions
  • District of Columbia
  • Virginia
  • U.S. Patent and Trademark Office
Languages
  • Chinese (Mandarin)