Photo of Harris  Gao

Harris Gao

Special Counsel
Shanghai
T: 86.21.2321.6007
F: 86.21.2321.6001

Education

  • J.D., Columbia University, 2002
  • M.S., Physics, Catholic University of America, 1997
  • B.S., Physics, Tsinghua University, 1994
  • New York
  • United States Patent and Trademark Office
Overview
Experience
Publications & News

Mr. Gao is a special counsel in the Intellectual Property and Litigation Practice Groups in the firm's Shanghai office. 

Areas of Practice 

Harris Gao has a broad range of practices in technology transaction, patent prosecution, and litigation.

Mr. Gao' technology transaction practice includes IP licensing, technology alliances, research and development, outsourcing, and manufacturing and supply agreements. He has extensive experience assisting multinational companies and Chinese companies in structuring and negotiating cross-border transactions involving a significant intellectual property component.

Mr. Gao’s patent prosecution practice focuses on the high-tech and life science areas. He is experienced with a variety of technologies, including computer, software, semiconductor, telecommunication, the Internet and e-commerce, Cleantech, medical devices, chemistry, pharmaceutical and biotechnologies. Mr. Gao has a master’s degree in physics, worked as a software engineer before law school, and has extensive experience representing life science companies. His in-depth knowledge of the U.S. and Chinese patent systems enables him to offer his clients comprehensive advices on their global IP strategies.

Mr. Gao’s litigation practice encompass a wide variety of cross-border disputes, including patent litigation, trade secrets, securities litigation and enforcement, FCPA investigation, antitrust, product liability, complex commercial litigation, and international arbitration. He is experienced with a wide variety of litigation forums, including the Hong Kong International Arbitration Centre (HKIAC), the China International Economic and Trade Arbitration Commission (CIETAC), and the United States International Trade Commission (USITC). He also advises clients on issues before various regulatory agencies in the Unites States and China. Mr. Gao’s understanding of the cultural and legal differences between the U.S. and China enables him to offer his clients effective solutions to their cross-border disputes.

Before relocating to Shanghai, Mr. Gao practiced law with international law firms in New York City and California.

  • Represented Chinese companies listed in the United States in securities litigation and SEC investigations.
  • Conducted FCPA investigations in China.
  • Represented research institutions within the China Academy of Science on IP and licensing issues. 
  • Represented Huawei Technologies in patent litigation in the United States.
  • Represented ZTE Inc. on patent prosecution relating to its strategic technologies on wireless networks.
  • Represented Motorola in multi-district litigation against its competitors in the mobile computer business.  The technologies involved include touch screen, user interface, operating system, signature capture, wireless communication, network management, bar code decoding, and ergonomics.
  • Represented Pfizer before the Federal Circuit regarding the written description requirement for pharmaceutical inventions.
  • Argued cases before New York appellate court on behalf of the Brooklyn DA’s Office. 

Articles

  • The Revised Chinese Patent Law Enforcement Regulation, China Legal Review, March 2010
  • The Impact of In re Bilski on Software Patents, Morrison & Foerster China IP Newsletter, 2009 Spring Edition
  • Patent Filing Strategy for Chinese Companies after the Third Amendment: U.S. Provisional Patent Application, Morrison & Foerster China IP Newsletter, 2009 Summer Edition
  • Supreme People’s Court Seeks to Harmonize Chinese Patent Litigation, with Michael W. Vella, Morrison & Foerster China IP Newsletter, 2009 Fall Edition
  • Confidentiality Review for Foreign Patent Filing, Morrison & Foerster China IP Newsletter, 2010 Spring Edition

China Law Blog Articles

Speaking Engagements

  • Speaker, "Thinking Outside The Box: Proven Strategies for PRC Companies to Manage and Successfully Resolve U.S. Patent Lawsuits," The 5th China IP Counsel Congress 2013, Shanghai, China, May 22, 2013
  • Co-Presenter, "Strategies for the Counterattack in Section 337 Litigation," The 5th China IP Counsel Congress 2013, Shenzhen, China, March 2013
  • Moderator, “Copyright Protection in China,” PT Intellectual Property Club Seminar, Shanghai, China, July 2012
  • Session Speaker, “Trade Secrets Case Study,” IP China 2011, the 7th IP China Intellectual Property Forum, Beijing, China, November 2011
  • Session Speaker, “Is China an Integral Part of the Global IP Litigation Arena,” PT Intellectual Property Club Seminar, Shanghai, China, September 2011
  • Session Speaker, “China-Related Patent Litigation,” Asia IP Exchange, Hong Kong, May 2011
  • Session Speaker, “IP Strategies for Medical Device Companies”, International Medical Device Forum 2011, Beijing, China, April 2011
  • Session Speaker, “China Related Patent Litigation: Recent Trends,” 3rd China IP Counsel Conference, Shanghai, China, November 2010
  • Session Speaker, “Global IP Strategies for Metals, Minerals and Chemical Companies,” 2009 CCCMC Annual Conference, Kunming, China, June, 2010
  • Session Speaker, “IP Strategy for Chinese Companies,” National Yinhe IP Project, Dongguan, China, May 2010
  • Session Speaker, “IP Litigation as a Competitive Strategy,” National Yinhe IP Project, Beijing, China, May 2010
  • Session Speaker, “Product Liability Litigation - Pitfalls and Strategies For Chinese Companies Facing Lawsuits in the United States,” Lexis-Nexis Product Safety & Liability Conference, Shanghai, China, December 2009
  • Session Speaker, “Winning Expensive IP Disputes in a Changing and Competitive Global Environment Inexpensively,” 3rd Annual China Intellectual Property Summit, Beijing, China, November 2009
  • Session Speaker, “Patent Strategy for Protecting Biotech Inventions in Multiple Jurisdictions,” ChinaBio Suzhou Executive Workshop, Suzhou, China, July 2009
  • Session Speaker, “Offensive and Defensive Strategies for Chinese Companies in U.S. IP Litigation,” 4th Annual LexisNexis Corporate Intellectual Property Conference, Beijing, China, April 2009
  • Session Speaker, “International Patent Strategies for Chinese Companies,” 2009 International Summit on IP System, Strategies and Protection, Beijing, China, March 2009