Tzeng, Linfong

Linfong Tzeng

Patent Litigation Attorney

Linfong Tzeng is a patent litigation attorney in the Silicon Valley office of Latham & Watkins.

Mr. Tzeng represents public and private companies in the life sciences, biotech, and technology industries on complex intellectual property (IP) litigation in federal courts and before the Patent Trial & Appeal Board (PTAB) and International Trade Commission (ITC).

Mr. Tzeng's experience includes securing a significant victory at the PTAB when the Board denied institution of IPR's filed against formulation patent on a leading biological product with annual US sales in excess of US$8 billion per year.

Prior to joining Latham, Mr. Tzeng was with BioLegend, a biomedical research tool development company, where he analyzed biotechnology patents to advise business development.

Mr. Tzeng received a PhD in Biochemistry and Molecular Biology from the University of California, Davis and a BA with highest honors in Molecular and Cell Biology from the University of California, Berkeley. As a research and teaching assistant at the University of California Davis, Mr. Tzeng researched the relationship between DNA replication and initiation of sporulation in the bacterium Myxococcus xanthus and taught advanced microbiology lab, microbial physiology, and biochemistry lab sections.

Publications

  • “Follow-on Biologics, Data Exclusivity & the FDA,” 25 Berkeley Tech. L.J. 135 (2010)
  • “DNA Replication during Aggregation Phase Is Essential for Myxococcus xanthus Development,” 188 J. Bacteriology 2774 (2006)
  • “DNA replication during sporulation in Myxococcus xanthus fruiting bodies,” 102 Proc. Nat’l Acad. Sci. 14428 (2005)

Mr. Tzeng’s experience includes:

  • Illumina v. Life Technologies: Representing Life Technologies in a patent infringement case in the Southern District of California involving methods of making bead arrays.
  • TransPerfect v. MotionPoint: Representing TransPerfect in a patent infringement case in the Northern District of California involving website translation technologies.
  • Intellectual Ventures v. Capital One: Represented Capital One in a five patent infringement case brought by Intellectual Ventures in the Eastern District of Virginia. Successfully defeated all five patents, including two patents on summary judgment of invalidity based on lack of patentable subject matter under 35 U.S.C. § 101.
  • Represented Apple in numerous matters.

Bar Qualification

  • California
  • US Patent and Trademark Office

Education

  • J.D., University of California, Berkeley, 2011
  • PhD Biochemistry and Molecular Biology, University of California, Davis, 2005
  • BA in Molecular & Cell Biology, University of California, Berkeley, 1997