Wesley W. Yuan practices in Duane Morris' Trial Practice Group and handles all phases of complex commercial and intellectual property litigation and dispute resolutions in federal and state courts with first- and second-chair experience in pretrial hearings and dispute resolutions and second-chair experience in jury trials. Mr. Yuan represents both plaintiffs and defendants, corporate entities and individuals in various litigation matters with an emphasis in patent infringement, business tort, contracts, trade secret misappropriation, and commercial fraud cases. He also has extensive experience with economic damages analysis and determination with an emphasis on intellectual property valuation and licensing related to patents and trade secrets.
Mr. Yuan has performed complex damage analysis of high-tech corporations for patent infringement claims and the effects of industry trends, general corporate licensing practices, corporate profit/revenue streams and licensing of comparable technology on a reasonable royalty. He also has damage analysis experience in the hi-tech and oil & gas industry for misappropriation of trade secrets including evaluation of value lost by plaintiff and the value gained by defendant through analysis of lost profits and reasonably royalty rate assessment. Mr. Yuan has also represented non-profits, corporate entities and individuals in employment discrimination cases, insurance defense lawsuits and deceptive trade practices matters. He has counseled clients in all facets of discovery including collection of targeted documents from corporate custodian, large scale electronic document production, and management of large scale document review for complex commercial and employment discrimination matters. Mr. Yuan is involved in handling pro bono matters including representation of a cultural museum in a tort claim action, a non-profit organization in trade marking its corporate marks in multiple states and an individual client in a suit on sworn account matter.
Mr. Yuan is a 2002 graduate of Benjamin N. Cardozo School of Law and a graduate of the University of Texas at Austin (B.S.). In 2009 and 2010, Mr. Yuan was listed as a Texas Rising Star in Intellectual Property Litigation by Texas Monthly Magazine. Only 2.5% of attorneys in Texas are named Rising Stars.
- Obtained a complete defense verdict following a one day bench trial in Tarrant County, Texas, for a private sector college in an action brought by a former student for wrongful expulsion.
- Obtained a $52 million jury verdict of patent infringement on behalf of a Japanese corporation in an action for infringement of a patent directed to optical disc discrimination. Won the subsequent bench trial in the Eastern District of Texas on a claim of inequitable conduct raised by the defendant. Matter currently pending before the U.S. Court of Appeals for the Federal Circuit. LaserDynamics, Inc. v. Quanta Computer, Inc. (U.S. District Court for the Eastern District of Texas).
- Represented a Texas-based technology company alleging patent infringement involving several patents related to an athletic performance monitoring system. Affinity Labs of Texas, LLC v. Apple Inc. and Nike, Inc. (U.S. District Court for the Eastern District of Texas).
- Defended a national government contractor for disaster relief for misappropriation of trade secret. Favorable verdict with minimal damages after a three day jury trial and post-trial motions. Matter currently pending before the U.S. Court of Appeals for the Fifth Circuit. Myriad Development, Inc. v. Alltech, Inc. (U.S. District Court for the Western District of Texas).
- Represented a data processing company in a protracted collections action against a national chain of dental offices. Second chair responsibilities with favorable verdict for client of full damages including attorneys’ fees exceeding damages. Bright Now! Dental, Inc. v. Teligistics, Inc., (Montgomery County District Court of Texas).
- Defended an educational institution against a claim of racial discrimination brought by a former instructor. Second-chair responsibilities included examining several witnesses at trial. Case is currently pending appeal before the Fifth District Court of Appeals of Texas. Shabaz Fazal Din v. ATI Enterprises, Inc. (Dallas County District Court of Texas).
- Defended a cultural arts museum against a breach of contracts claim brought by artist and artist representative for alleged destruction of artwork. First chair responsibility at mediation with a favorable settlement for less than one quarter of the original demand. Redesco, Inc. v. New World Museum (Harris County District Court of Texas).
- Defended an educational institution from allegations of violating the Americans with Disabilities Act and the Texas Deceptive Trade Practices Act by failing to provide Plaintiff with an American Sign Language interpreter. Obtained a total dismissal following a two-day arbitration of the matter.
- Defended a major oil and gas engineering, procurement and construction (EPC) company in a misappropriation of trade secret matter before the Harris County District Court of Texas.
- Represented a technology licensing corporation in a patent infringement action against several major corporations involving JPEG technology before the U.S. District Court for the Southern District of New York.
- Defended a national online bank in a patent infringement action involving encryption technology in the U.S. District Court for the Eastern District of Texas.
- Represented a technology licensing corporation in a patent infringement action against a major video game developer regarding control of computer-generated virtual environments before the U.S. District Court for the Central District of California.
- Currently representing a major aftermarket auto parts and products remanufactuer in the prosecution of theft of trade secret, breach of contracts and fiduciary duty claims against a former executive and industry competitor.
Areas of Practice
- Intellectual Property
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Federal Circuit
- Benjamin N. Cardozo School of Law, J.D., 2002
- University of Texas at Austin, B.S., 1998
Duane Morris LLP
- Special Counsel, 2016-present
- Associate, 2006-2015
- Hudson Legal
- Managing Attorney, 2004-2006
- American Bar Association
- Texas Bar Association
- Litigation Law Section
- Texas Young Lawyers Association
- Judge for State Wide Moot Court Competition 2008
- Asian American Bar Association
- Houston Chapter
Honors and Awards
- Listed as Texas Rising Star in Intellectual Property Litigation, Texas Monthly Magazine, 2009 and 2010. Only 2.5% of attorneys in Texas are named Rising Stars.
Civic and Charitable Activities
- Board Member, Peace Gospel International
- Deacon at Crosspoint Church / West University Baptist Church, 2010-present
- Volunteer for Habitat for Humanity on the Houston Bar Association Sponsored Home