As a patent attorney and attorney-at-law representing clients in mechatronics, mechanical automation control, automotive new energy, telecommunication technology, MEMS chips technology, Michael Xiang ZHANG helps companies identify, develop and implement strategies for protecting rights to their technology to enable them to achieve their business goals.

Michael focuses his practice on patent, trade secret and other intellectual property related litigations, including: patent invalidation, patent invalidation administrative litigation, patent infringement litigation, patent ownership dispute litigation, trade secret misappropriation litigation, and pre-litigation evaluation and risk prevention. He represents clients from multinational corporations to domestic start-ups, participating in hundreds of litigations, most of which are influential and cutting edge cases in areas of standard essential patent (SEP), patent disputes overlapped with IPO, software infringement and so on. Quite a few of the cases represented by Michael have been selected as the annual national typical intellectual property cases by the Supreme People's Court (SPC), the national outstanding foreign-related cases by the All China Lawyers Association, the annual typical intellectual property cases by the Higher People's Court, and the annual typical cases of patent invalidation by the China Intellectual Property Administration (CNIPA).

Michael joined Liu, Shen & Associates in 2007. Before that he held a position as a product manager in a multinational company. Michael is active and frequently gives speeches at meetings and seminars organized by various IP platforms for domestic enterprises and foreign clients. He was appointed as the counsel of the government in 2020. Michael also has co-published a book “Typical FRAND Litigation Cases”.

Michael graduated from Tianjin University with a major in mechanical electronics, and double majored in technical economics and a master's degree in mechanical manufacturing and automation. He accomplished his master courses of civil and commercial law in the China University of Political Science and Law and obtained a LL.M degree in intellectual property law from John Marshall Law School in US.

Representative cases

-     Typical SEP infringement cases between two giant mobile phone companies Huawei and Samsung (in 2016-2019): Representing Samsung, Michael lead a team working on 40+ telecommunication standard essential patent (SEP) infringement cases and 40+ corresponding patent invalidation cases in parallel, which contribute to a settlement between the two parties, reaching a global cross license agreement. These cases are greatly influential on the telecommunication field, guiding future’s negotiations between telecommunication SEP licensors and licensees in a legitimate and effective manner. Some of the cases were listed as one of top 50 typical national intellectual property judicial cases in China in 2019 by the Supreme People's Court, one of top 10 typical intellectual property judicial cases in Beijing in 2019 by the Beijing Higher People's Court, one of top 10 typical intellectual property judicial cases in Guangdong Province in 2019 by the Guangdong Higher People's Court, one of top 10 typical intellectual property judicial cases in Shenzhen in 2019 by the Shenzhen Intermediate People's Court, one of top 10 typical innovative intellectual property judicial cases in Guangzhou by the Guangzhou IP Court, one of top 10 typical intellectual property judicial cases in Fujian Province in 2018 by the Fujian Higher People's Court, and one of top 10 typical national patent invalidation cases in 2018 by CNIPA.

-     Typical case of trade secret misappropriation (in 2020-2022): Michael represents a large environmental field company against a listed company and a senior executive for trade secret misappropriation, wherein a compensation of nearly 100 million RMB was judged by the court in the first instance. This case of first instance was selected as the typical IP judicial case of Nanjing court in the years of 2017-2021, which has great guidance on how to judge the trade secret misappropriation for the common illegal situation that employees in the previous company were intentionally offered a new job to form another R&D team in the new company.

-     Typical IP litigations against an IPO company of Science and Technology Innovation Board (in 2020-2022): Representing a high-tech company Goer Co., Ltd. against Suzhou Minxin Microelectronics Technology Co., Ltd. during its period of launching IPO, Michael lead his team to work on filing a series of actions before the courts, including disputes on patent ownership, patent invalidation, patent infringement and unfair competition. The related cases were selected by the media as one of the top 10 hot cases in IPO area in 2020, which had great significance in the IP risk management area which may be determinative on the success/failure for a high-tech company to be launched in Science and Technology Innovation Board.

-     Typical patent infringement case in the field of automobile new energy (in 2020-2021): Representing a high-tech company TAFEL to defend in a patent infringement case against the company CATL (largest company in the field of automobile new energy in domestic China), wherein CATL claimed over 100 million RMB compensation, Michael helped the client to minimize the loss in the judicial procedure. It is for the first time in this case that the court established the rule of calculating the damages in the field of automobile new energy. This case was selected as one of top 10 typical intellectual property judicial cases in Fujian Province in 2021 and one of top 10 typical patent invalidation cases before CNIPA in 2021.

-     Typical patent infringement case in the field of code-scanning payment (in 2020-2021): Representing a domestic company against the Alibaba company, Apple company, etc., Michael participated in the patent dispute cases relating to a two-dimensional code scanning payment technology, which is utilized as an essential transact manner for Chinese daily life, and the trial of which have been publicly observed by around 1 million audience both on-line and offline.

-     Typical case of standard essential patent license fee dispute (in 2018-2019): Michael participated in a standard essential patent license fee dispute case, which involves billions of claimed license fee. The case was selected as an outstanding transaction in 2019 by the institute of Commercial Law.

-     Typical foreign-related case of patent infringement of mobile phone operating software: (in 2013-2020): Michael represented an international company to defend in a patent infringement litigation, involving more than 100 million RMB compensation to be sued. The case has great significance on the rule of software infringement establishment and the rule of inventiveness judgement on a mobile phone operating software patent. The case was selected as one of top 90 outstanding cases of foreign-related litigation in China and published in the book Outstanding Cases of Foreign-related Legal Services published in 2021.

Government-related honors

-     In 2022, he was appointed as one of the first batch of professionals in the third-party supervision and evaluation mechanism by the Beijing Third-party Supervision and Evaluation Mechanism of Compliance of Enterprises Involved in the Case.

-     In 2022, he was selected by Beijing Intellectual Property Office as an expert in Beijing intellectual property expert database.

-     In 2021, he was selected as a leading attorney of Haidian district by the Judicial Bureau of Haidian District of Beijing.

-     In 2021, he was invited by Southwest University of Political Science and Law as a lecturer in intellectual property law.

-     In 2020, he was selected as an excellent lawyer by the Judicial Bureau of Haidian District of Beijing.

-     In 2020, he was selected as an honorary lecturer by China Intellectual Property Publishing House.

-     In 2019, he was selected as a foreign-related intellectual property expert by the Judicial Bureau of Haidian District of Beijing.

-     In 2019, he was selected as a foreign-related intellectual property expert by Intellectual Property Protection Center of Jiangsu Province.

-     In 2019, he was invited as a lecturer for the patent litigation attorneys by the All-China Patent Agents Association.

Publications

-     “Coping with Patent Ownership Disputes Caused by New Employees”, Beijing Intellectual Property Public Service Platform, 2022.

-     “Loss and Recovery of Intellectual Property Rights under the Influence of Epidemic”, official website of All-China Lawyers Association, 2020.

-     “The International Comparative Legal Guide to: Patents 2019: Chapter 10 China”, Published by Global Legal Group.

-     “FRAND Classical Cases”, book counsel, science press, 2018.

-     “Standard Essential Patents Royalty Calculation in Telecommunication Industry”, Asia IP annual, 2018.

-     “China’s evolving patent system”, AIPLA annual 2015.

-     “Suggestions on Patent Draft from Aspect of Patent Infringement”, China IP Summit Forum 2014.

-     “Case Study on Supporting Issue of A26.4 of Chinese Patent Law”, China IP Summit Forum 2012 (first prize), 2012.

-     “Making Most of the Patent Law”, Managing IP, China IP Focus 2011.

-     “Case study on Amendment Issue of A33 of Chinese Patent Law”, China IP Summit Forum 2010.

Presentations

-     "Coping with Key Sections in Patent Litigation", Conference sponsored by Guangxi Market Supervision Bureau, 2022.

-     "Patent Litigation Process, Strategies and Skills", on-line training for Litigation agent sponsored by All-China Patent Agents Association, 2021.

-     "Interpretation of Punitive Compensation System for Patent Infringement", "IP Expert Talk" hold by China Intellectual Property Press, 2020.

-     "Enterprise Intellectual Property Management and Risk Prevention", sponsored by Guangdong Intellectual Property Office, 2020.

-     "Litigation process improvement for patent infringement case relating punitive damages", the 7th China Innovation and Intellectual Property Protection Forum, China Intellectual Property Law Research Association, and the Supreme People's Court Intellectual Property Judicial Protection Theory Research Center (Renmin University of China), etc., 2019.

-     “Standard Essential Patent FRAND Royalty Rate Setting”, The 12th China Mainland and Taiwan Patent Forum, 2019.

-     “Standard Essential Patent Litigation”, All-China Patent Agents Association, 2019

-     "Deal with Malicious Patent Litigation ", the 6th China Innovation and Intellectual Property Protection Forum, China Intellectual Property Law Research Association, and the Supreme People's Court Intellectual Property Judicial Protection Theory Research Center (Renmin University of China), etc., 2018.

-     "Evidence Exchange Rules - Attorney Perspective", the second "Sanzhi IP Forum", jointly organized by Zhi Zhi Hui, Zhi Chan li, and Zhi Chan Bao, co-organized by Jia Xing Intermediate People's Court, 2017.

-     “Discussion on Non-obviousness in Inventiveness Evaluation”, Seminar of Idea Exchange among Beijing courts, Patent Office of China and Patent Agency, 2015.

-     “Use of Utility Model in China”, Seminar of Patent Practice in China held by Liu, Shen & Associates in Chicago of US, 2015.

-     “Study on Supporting Issue under Patent Law”, China IP Summit Forum, 2012.

Government projects

-     "Zhongguancun Intellectual Property Service Keeper Project", Zhongguancun Intellectual Property Promotion Center, 2021.

-     "Capital Intellectual Property International Exchange and Cooperation Base Construction Project", Beijing Intellectual Property Office, 2020.

-     “Collection of Intellectual Property Cases of Leading Enterprises of Zhongguancun", Zhongguancun Intellectual Property Promotion Center, 2019.

-     “Feasibility of China Joining Patent Law Treaty”, China Intellectual Property Administration (CNIPA), 2015.

-     “Reform of Official Patent Fees”, China Intellectual Property Administration (CNIPA), 2015.

All-China Lawyers Association (ACLA)

All-China Patent Agents Association (ACPAA)

Beijing Lawyers Association

China Service Trade Association