Weining Bai is a trial lawyer who focuses on intellectual property litigation and commercial litigation. Mr. Bai has experience in all phase of litigation, from pleadings through trial, in both state and federal court.
Mr. Bai has tried numerous cases, including both jury and bench trials. He is experienced in all phases of trial, including conducting voir dire, giving the opening statement, direct and cross examinations of both fact and expert witnesses, and giving the closing argument. He recently tried and won a jury verdict as the first-chair trial counsel on behalf of a Houston area healthcare company, defeating a 7-figure damages claim where the Plaintiff also sought punitive damages.
In the pre-trial stage, Mr. Bai’s experience includes taking and defending numerous depositions of both fact and expert witnesses, as well as briefing and arguing all types of motions across a wide variety of cases, including Markman hearings, dispositive motions, expert challenges, discovery disputes, and jury charge conferences.
Weining Bai is a trial lawyer who focuses on intellectual property litigation and commercial litigation. Mr. Bai has experience in all phase of litigation, from pleadings through trial, in both state and federal court.
Mr. Bai has tried numerous cases, including both jury and bench trials. He is experienced in all phases of trial, including conducting voir dire, giving the opening statement, direct and cross examinations of both fact and expert witnesses, and giving the closing argument. He recently tried and won a jury verdict as the first-chair trial counsel on behalf of a Houston area healthcare company, defeating a 7-figure damages claim where the Plaintiff also sought punitive damages.
In the pre-trial stage, Mr. Bai’s experience includes taking and defending numerous depositions of both fact and expert witnesses, as well as briefing and arguing all types of motions across a wide variety of cases, including Markman hearings, dispositive motions, expert challenges, discovery disputes, and jury charge conferences.
REPRESENTATIVE WORK
Mr. Bai has significant experiences in patent litigation representing both Plaintiffs and Defendants across a variety of forums and technologies. Some examples include:
- Successfully representing a US-based technology company in the international enforcement and licensing of high definition speech coding patents that includes the filing of over 25 cases in China. As part of this campaign, Mr. Bai’s client prevailed in over a dozen validity challenges filed before the Patent Re-Examination Board (China’s Equivalent of the PTAB) and has secured one of the largest licenses obtained by a U.S.-based patent enforcement entity against a China-based, large, international smartphone manufacturer. As a native Mandarin speaker, Mr. Bai has been a key attorney managing this litigation campaign and has attended numerous trial proceedings in Chinese forums.
- Successfully represented a hydraulic fracturing company in a patent infringement suit brought by a former vendor involving fracking proppant storage and delivery technology. Mr. Bai was instrumental in helping his client secure extremely favorable claim construction rulings which, ultimately, resulted in the Plaintiff stipulating to non-infringement. As a result, his client was dismissed from the case with an extremely favorable settlement on the eve of summary judgment.
- Successfully represented Saint Lawrence Communications LLC in numerous suits against a variety of smartphone manufacturers regarding infringement of patents involving HD Voice technology. This included a jury award of over $9 million and a willful infringement finding against Motorola in the Eastern District of Texas, as well as highly favorable settlements on the eve of trial against Apple and ZTE.
- Successfully represented a hydraulic fracturing company in the enforcement its patents covering electric fracking equipment and technology against a competitor and a manufacturer. Both defendants agreed to highly favorable settlements after AZA prevailed on on 24 of 25 disputed claim terms during the Markman process, defeated defendants’ motion for summary judgment on invalidity, and convinced the Court to exclude the defendants’ supplemental invalidity contentions. Mr. Bai played a key role in the case, including managing discovery, developing strategies and arguments, and briefing and arguing significant aspects of the motions where AZA obtained successful results.
Mr. Bai also has significant experiences in trade secrets litigation, where examples of his success include:
- Successfully represented two oilfield service companies in a theft of trade secret, fraud, and breach of fiduciary duties case related to fracking proppant storage and transport technology. Plaintiffs brought suit against numerous defendants. AZA initially represented one of the named defendants. After AZA cut down the vast majority of Plaintiffs’ claims via pretrial motions, Plaintiffs non-suited AZA’s first client on the eve of a summary judgment hearing. Then, two additional co-defendants hired AZA to defend them in the same case, replacing prior counsel. AZA similarly cut down many of Plaintiff’s claims via pretrial motions, and developed a novel federal jurisdiction theory to remove the case to federal court. Shortly after, AZA’s clients were dismissed with extremely favorable settlements (approximately 1% of Plaintiffs’ damages ask). Mr. Bai developed the defense strategy in the case, defended and took all key depositions, and briefed and argued all major hearings.
- Successfully represented a Houston-based directional drilling company against a competitor and a former vendor over theft of trade secrets and copyright infringement involving motor transmission technology. His client secured a highly favorable monetary settlement and an agreed, publicly-filed, permanent injunction.
- Successfully represented an international supplier of managed pressure drilling equipment against a competitor and former employees in a theft of trade secrets case involving rotating control devices technology. The case settled on highly favorable terms for his client after the trial court entered an injunction and denied defendants’ motion to dismiss.
- Successfully represented an international oilfield services company against a former employee in a theft of trade secrets case involving downhole electronic tools. The case settled on the eve of trial with his client fully recovering the rights to all disputed trade secret technology at issue.
Mr. Bai has also successfully represented clients across a variety of other types of civil, commercial litigation, where his experiences have included:
- Won a no-liability jury verdict as first-chair, trial counsel for a Houston-area radiology group, Houston Radiology Associated (“HRA”), in a business fraud dispute. Plaintiff, a former competitor-turned-employee, brought suit alleging that he was fraudulently induced by HRA into signing away his prior company’s hospital service contract and joining HRA. Plaintiff sought $1.2 million in actual damages as well as punitive damages. After a 4-day trial, the jury deliberated for less than an hour before returning a verdict of no fraud in favor of HRA.
- Successfully representing a local clinical laboratory and its owner in administrative litigation involving Medicare reimbursement billing. Mr. Bai was instrumental in handling a bet-the-company administrative trial and successfully obtained on appeal a complete reversal of all unfavorable findings entered by administrative tribunal against his client.
- Successfully represented Prime Natural Resources in an insurance breach of contract dispute against Underwriters of the Lloyd’s of London. Jury awarded $41.6 million verdict that included actual damages, punitive damages, statutory penalties, and legal fees.
- Successfully represented a variety of other local businesses in contract and business tort disputes, and have on multiple occasions obtained judgments and attorneys’ fees in favor of his clients.
EDUCATION
- University of Pennsylvania Law School, J.D., May 2016
- Washington and Lee University, B.A. in Economics; B.S. in Physics-Engineering, magna cum lade, May 2013
ADMISSIONS
- State Bar of Texas
- Fifth Circuit Court of Appeals
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
- US District BK, Southern District of Texas
- U.S. District Court, Southern District of New York
- US District Court Utah
- Harris County District Clerk
HONORS AND AWARDS
- Texas Rising Star honors as presented by Super Lawyers, a Thomson Reuters Business, 2021-2022
- Best Lawyers: Ones to Watch, by Best Lawyers in America, 2021 – 2024
LANGUAGES
- Chinese-Cantonese
- Chinese-Mandarin
IN THE NEWS
- Twenty-Six AZA Lawyers Honored as Best Lawyers and Ones to Watch
- Three AZA Lawyers Named to Lawdragon’s Next Generation of 500 Leading Lawyers in America
- AZA Wins Three Trials in Just Two Weeks in May
- Thirteen AZA Attorneys Earn Texas Rising Stars Honor
- Seven Young AZA Lawyers Ranked among Best Lawyers: Ones to Watch for 2023
- Ten AZA Lawyers on Texas Rising Stars List for 2022
- Twelve Young AZA Lawyers Ranked among Best Lawyers: Ones to Watch for 2022
- Eleven AZA Lawyers Make the 2021 Texas Rising Stars List
- Eleven AZA Associates Make US List of ‘Best Lawyers: Ones to Watch’ for 2021
- AZA Health Care Client Sees Administrative Judge’s Order Overturned
- AZA Wins $9M Jury Verdict in Texas Patent Infringement Case Against Motorola
- New AZA Attorneys
REPRESENTATIVE WORK
Mr. Bai has significant experiences in patent litigation representing both Plaintiffs and Defendants across a variety of forums and technologies. Some examples include:
- Successfully representing a US-based technology company in the international enforcement and licensing of high definition speech coding patents that includes the filing of over 25 cases in China. As part of this campaign, Mr. Bai’s client prevailed in over a dozen validity challenges filed before the Patent Re-Examination Board (China’s Equivalent of the PTAB) and has secured one of the largest licenses obtained by a U.S.-based patent enforcement entity against a China-based, large, international smartphone manufacturer. As a native Mandarin speaker, Mr. Bai has been a key attorney managing this litigation campaign and has attended numerous trial proceedings in Chinese forums.
- Successfully represented a hydraulic fracturing company in a patent infringement suit brought by a former vendor involving fracking proppant storage and delivery technology. Mr. Bai was instrumental in helping his client secure extremely favorable claim construction rulings which, ultimately, resulted in the Plaintiff stipulating to non-infringement. As a result, his client was dismissed from the case with an extremely favorable settlement on the eve of summary judgment.
- Successfully represented Saint Lawrence Communications LLC in numerous suits against a variety of smartphone manufacturers regarding infringement of patents involving HD Voice technology. This included a jury award of over $9 million and a willful infringement finding against Motorola in the Eastern District of Texas, as well as highly favorable settlements on the eve of trial against Apple and ZTE.
- Successfully represented a hydraulic fracturing company in the enforcement its patents covering electric fracking equipment and technology against a competitor and a manufacturer. Both defendants agreed to highly favorable settlements after AZA prevailed on on 24 of 25 disputed claim terms during the Markman process, defeated defendants’ motion for summary judgment on invalidity, and convinced the Court to exclude the defendants’ supplemental invalidity contentions. Mr. Bai played a key role in the case, including managing discovery, developing strategies and arguments, and briefing and arguing significant aspects of the motions where AZA obtained successful results.
Mr. Bai also has significant experiences in trade secrets litigation, where examples of his success include:
- Successfully represented two oilfield service companies in a theft of trade secret, fraud, and breach of fiduciary duties case related to fracking proppant storage and transport technology. Plaintiffs brought suit against numerous defendants. AZA initially represented one of the named defendants. After AZA cut down the vast majority of Plaintiffs’ claims via pretrial motions, Plaintiffs non-suited AZA’s first client on the eve of a summary judgment hearing. Then, two additional co-defendants hired AZA to defend them in the same case, replacing prior counsel. AZA similarly cut down many of Plaintiff’s claims via pretrial motions, and developed a novel federal jurisdiction theory to remove the case to federal court. Shortly after, AZA’s clients were dismissed with extremely favorable settlements (approximately 1% of Plaintiffs’ damages ask). Mr. Bai developed the defense strategy in the case, defended and took all key depositions, and briefed and argued all major hearings.
- Successfully represented a Houston-based directional drilling company against a competitor and a former vendor over theft of trade secrets and copyright infringement involving motor transmission technology. His client secured a highly favorable monetary settlement and an agreed, publicly-filed, permanent injunction.
- Successfully represented an international supplier of managed pressure drilling equipment against a competitor and former employees in a theft of trade secrets case involving rotating control devices technology. The case settled on highly favorable terms for his client after the trial court entered an injunction and denied defendants’ motion to dismiss.
- Successfully represented an international oilfield services company against a former employee in a theft of trade secrets case involving downhole electronic tools. The case settled on the eve of trial with his client fully recovering the rights to all disputed trade secret technology at issue.
Mr. Bai has also successfully represented clients across a variety of other types of civil, commercial litigation, where his experiences have included:
- Won a no-liability jury verdict as first-chair, trial counsel for a Houston-area radiology group, Houston Radiology Associated (“HRA”), in a business fraud dispute. Plaintiff, a former competitor-turned-employee, brought suit alleging that he was fraudulently induced by HRA into signing away his prior company’s hospital service contract and joining HRA. Plaintiff sought $1.2 million in actual damages as well as punitive damages. After a 4-day trial, the jury deliberated for less than an hour before returning a verdict of no fraud in favor of HRA.
- Successfully representing a local clinical laboratory and its owner in administrative litigation involving Medicare reimbursement billing. Mr. Bai was instrumental in handling a bet-the-company administrative trial and successfully obtained on appeal a complete reversal of all unfavorable findings entered by administrative tribunal against his client.
- Successfully represented Prime Natural Resources in an insurance breach of contract dispute against Underwriters of the Lloyd’s of London. Jury awarded $41.6 million verdict that included actual damages, punitive damages, statutory penalties, and legal fees.
- Successfully represented a variety of other local businesses in contract and business tort disputes, and have on multiple occasions obtained judgments and attorneys’ fees in favor of his clients.
EDUCATION
- University of Pennsylvania Law School, J.D., May 2016
- Washington and Lee University, B.A. in Economics; B.S. in Physics-Engineering, magna cum lade, May 2013
ADMISSIONS
- State Bar of Texas
- Fifth Circuit Court of Appeals
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
- US District BK, Southern District of Texas
- U.S. District Court, Southern District of New York
- US District Court Utah
- Harris County District Clerk
HONORS AND AWARDS
- Texas Rising Star honors as presented by Super Lawyers, a Thomson Reuters Business, 2021-2022
- Best Lawyers: Ones to Watch, by Best Lawyers in America, 2021 – 2024
LANGUAGES
- Chinese-Cantonese
- Chinese-Mandarin
IN THE NEWS
- Twenty-Six AZA Lawyers Honored as Best Lawyers and Ones to Watch
- Three AZA Lawyers Named to Lawdragon’s Next Generation of 500 Leading Lawyers in America
- AZA Wins Three Trials in Just Two Weeks in May
- Thirteen AZA Attorneys Earn Texas Rising Stars Honor
- Seven Young AZA Lawyers Ranked among Best Lawyers: Ones to Watch for 2023
- Ten AZA Lawyers on Texas Rising Stars List for 2022
- Twelve Young AZA Lawyers Ranked among Best Lawyers: Ones to Watch for 2022
- Eleven AZA Lawyers Make the 2021 Texas Rising Stars List
- Eleven AZA Associates Make US List of ‘Best Lawyers: Ones to Watch’ for 2021
- AZA Health Care Client Sees Administrative Judge’s Order Overturned
- AZA Wins $9M Jury Verdict in Texas Patent Infringement Case Against Motorola
- New AZA Attorneys
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