Duane Morris and its Singapore joint venture, Duane Morris & Selvam, help exonerate Kangxi Communication in a US International Trade Commission (ITC) section 337 investigation over accusations of intellectual property rights infringement such as patent and trademark violations.
On 28 April, communications chipmaker Kangxi announced that the ITC had terminated a section 337 investigation initiated by US semiconductor company Skyworks against its subsidiary.
WilmerHale acted for Skyworks, while Pillsbury and Quinn Emanuel represented Kangxi’s clients, D?Link and Ruijie Networks, respectively, which were also named as respondents in the investigation.
Duane Morris led Kangxi Communication’s defence in the litigation and ITC proceedings, with the team headed by partners Timothy Shannon and Li Zheng, and comprising lawyers from Duane Morris and Duane Morris & Selvam.
Li, a partner at the Shanghai representative office of Duane Morris & Selvam, told China Business Law Journal: “Even in high?barrier industries such as semiconductors, Chinese companies can compel global giants to withdraw unconditionally, provided they are backed by solid facts, seasoned legal teams and strong mutual trust.”
For technology companies expanding overseas, patent litigation had become a normal part of commercial competition, Li said. “Companies must recognise that even with fully independent R&D, they cannot entirely prevent competitors from using patent exclusivity to block market entry. Such actions are often an extension of business strategy rather than purely legal disputes,” he said.
Li added, “Chinese companies should therefore regard IP litigation as a compulsory course in their globalisation journey — shifting from passive response to proactive global strategic planning, and establishing institutional mechanisms to address cross?border legal challenges.”
Public disclosures show the case came at a significant cost. The company’s annual reports show that Kangxi Communication incurred litigation and legal expenses of RMB38.84 million (USD5.72 million) in 2024 and RMB59.36 million in 2025 in connection with the section 337 investigation and related patent lawsuits, totalling RMB98.2 million.
Li also said: “Section 337 investigations involve high costs, intense proceedings and an accelerated timetable. Companies must ensure they have sufficient financial and legal resources.”
In May 2024, Skyworks filed a patent infringement lawsuit in the US District Court for the Central District of California against Kangxi Communication’s Shanghai subsidiary and its US subsidiary, Grand Chip Labs.
In July 2024, Skyworks petitioned the ITC to launch a section 337 investigation, alleging that certain wireless front-end modules and their downstream products manufactured and sold by the subsidiaries and related companies infringed five of its patents.
In January 2026, the ITC issued an initial determination finding no infringement with respect to two of the asserted patents. The remaining three patents had previously been voluntarily withdrawn by Skyworks, leading the ITC to terminate the investigation.
In April 2026, the ITC terminated the investigation pursuant to a withdrawal agreement. Skyworks also moved to dismiss the stayed patent litigation before the Central District of California, and the court granted the motion. As a result, the section 337 investigation and related litigation have been fully resolved, with Skyworks unconditionally withdrawing its claims.
As the China-based partner on the US-China legal team, Li emphasised that the key to communication was in “establishing clear role allocation and an efficient cross-border communication mechanism”.
He said: “As a US-qualified lawyer based in China, my core value is to serve as a bridge — not only translating language, but connecting ways of thinking. I translate the client’s objectives into reasoning that US counsel can readily understand, and interpret complex US litigation strategies in terms familiar to Chinese clients. This two-way communication ensures information symmetry and precise execution of strategy across jurisdictions.”
