Alex Chan is a Partner at Devlin Law Firm LLC. He was previously an associate at Fish & Richardson, P.C. and Akin Gump Strauss Hauer & Feld, LLP, among others.
Mr. Chan has extensive plaintiff and defense experience in patent, copyright, and trade secret litigation in U.S. federal courts, Patent Trial and Appeal Board, and the International Trade Commission. His practice involves a wide range of technologies, including semiconductor devices and fabrication, video and wireless standards, computer hardware and software, data and network encryption, optical communications, and medical devices.
Areas of Practice
- Intellectual Property Litigation
- Trade Secrets Litigation
- J.D., Franklin Pierce Law Center, 2010
- M.S., Electrical Engineering, Columbia University, 2002
- B.S., Electrical Engineering, University of California, Davis, 2001
- New York University, 1998
Honors and Distinctions
- “Northern California Rising Star,” Super Lawyers Magazine, 2016-2021
- “IAM Strategy 300,” Intellectual Asset Management Magazine, 2019-2021
- “Upstart 50,” San Francisco Business Times and San Jose Business Journal, 2018
- “On The Rise” Top 40 Lawyer, American Bar Association, 2018
- “IP Trailblazer in Intellectual Property,” The National Law Journal, 2016
- “40 under 40,” Silicon Valley Business Journal, 2016
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Northern District of California
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, Southern District of Texas
- Unites States Patent & Trademark Office (Reg. No. 52,713)
* Attorney is not barred in Delaware
- Member, Blue Ribbon Commission on the Future of the Bar Exam, California State Bar (2021-Present)
- Attorney Member, Testing Design Committee, National Conference of Bar Examiners (2020-Present)
- Member, Committee of the Bar Examiners, The State Bar of California (2017–Present)
- Co-Chair, Minority Trial Lawyer Committee, American Bar Association (2018-2020)
- Fellow, Law Practice Division, American Bar Association (2017–2019)
- Executive Member, Intellectual Property Law Section Executive Committee, California Lawyer Association (2016–2019)
- Co-Chair, Intellectual Property Section, American Bar Association — YLD (2016–2017)
- Board of Directors, Ars Minerva (a 501(c)(3) non-profit art-based organization) (2016–Present)
- Board Member, Board of Directors of The California Aggie Alumni Association (2017–2019)
- Board Member, Board of Directors of The Northern California Chapter of The Columbia Alumni Association (2017–2019)
- Programs Award Committee Member, American Inn of Court (2016–Present)
- Member, Patent Litigation Committee, American Bar Association (2010–Present)
Selected Articles and Presentations:
- Alex Chan, “Common Issues to Consider when Arguing Before the Federal Circuit,” Section of Litigation News, American Bar Association, July 30, 2019.
- Alex Chan, “Everything You Need to Know About Foreign Patent Damages,” New Matter, Official Publication of the Intellectual Property Law Section of California Lawyers Association, Sept. 2018.
- Alex Chan, “WesternGeco: Patent Damages Know No Borders,” Daily Journal, Jun. 25, 2018.
- Alex Chan, “Foreign Patent Damages: A Look Back And A Look Ahead,” Law360, Jun. 24, 2018.
- Alex Chan, “A Look At The On-Sale Bar: Part 2—Best Business Practices,” Law360, Nov. 29, 2016.
- Alex Chan, “A Look At The On-Sale Bar: Part 1—The Helsinn Debate,” Law360, Nov. 28, 2016.
- Alex Chan, “Patent Venue Then and Now: Forum Shopping About to Change,” Law360, Jan. 21, 2016.
- Alex Chan, “An Overview, a Summary, and an Update to the Latest Patent Reform,” Intellectual Property & Technology Law J., Sept. 1, 2015.
- Alex Chan, “Second Chance or No Chance,” Bloomberg BNA, Aug. 7, 2015.
- Alex Chan, “Defending Against Inducement Claims Post-Commil,” Law360, Jul. 15, 2015.
- Kevin McBride and Alex Chan, “But I believe the Patent is Invalid!,” Daily Journal, Apr. 20, 2015.
- Alex Chan, “If There’s Knowledge of the Patent Application, Laches Starts to Run When Patent Issues,” Akin Gump Blog Post, Feb. 17, 2016.
- Alex Chan, “Claims for Pre-issuance Damages Require Actual Notice of and Substantially Identical Claims between the Published Application and the Issued Patent,” Akin Gump Blog Post, Feb. 9, 2016.
- Alex Chan, “Post-Complaint Events or Transactions Cannot Cure Prudential Standing Defects,” Akin Gump Blog Post, Feb. 1, 2016.
- Alex Chan, “CAFC: If (No Factual Findings), Then (No Deference),” Akin Gump Blog Post, Jun. 5, 2015.
- Alex Chan, “Invalidity is not a Defense to Infringement but a Defense to Liability,” Akin Gump Blog Post, May 29, 2015.
- Alex Chan, “Objectively Reasonable Invalidity Defense Shields Accused Infringer From Willful Infringement,” Akin Gump Blog Post, Jan. 9, 2015.
Media Mentions and Speaker Engagements
- Speaker, “Leadership Speaks: A Discussion on Racial Injustice,” Section of Litigation, The American Bar Association, Jun. 25, 2020.
- “Relevance Required to Discover Funding Agreements,” ABA Litigation News, Apr. 13, 2020.
- Speaker, “No Limit! The Extraterritorial Reach of Patent Damages,” The 44th Intellectual Property Law Section Institute, Las Vegas, NV, Nov. 16, 2019.
- Moderator, “Latest Development in Awarding Attorneys’ Fees Under Section 285,” Webinar, Section of Intellectual Property Law, California Lawyers Association, Aug. 28, 2019.
- Speaker, “Developing Our Next Generation of Litigators: Creating Opportunities for Courtroom Experience,” ABA Section of Litigation Annual Conference, New York City, May 3, 2019.
- Moderator, Webinar: “Practical Impact of SCOTUS’ Decision in Helsinn v. Teva on Secret Sales,” California Lawyers Association, Intellectual Property Law Section, Feb. 25, 2019.
- “Fed. Circ. Suggests AIA May Not Have Weakened On-Sale Bar,” Law360, May 3, 2017.
- “East Texas Patent Docket Could be Grounded by Federal Circuit,” Law360, Mar. 9, 2016.
- Speaker, “Artificial Intelligence Intellectually Disrupts Patent Litigation,” Artificial Intelligence Startups Conference, San Francisco, May 25, 2016.
- Moderator, “E-Discovery: Tips, Tricks, and Trends for Civil Litigator,” Austin Bench Bar Conference, Apr. 15, 2016.