Naikang Tsao

Naikang Tsao is a partner and litigation lawyer with Foley & Lardner LLP, where he has litigated a wide spectrum of matters, including patent, unfair trade practices, and product liability matters. He represents clients in diverse industries, including banking, electronics and consumer products.

His experience includes representing clients in patent infringement actions involving financial business transactions, computer software and hardware, industrial machines and consumer products, and defending class actions brought against consumer product manufacturers and retailers.

He is a member of the Intellectual Property Litigation and Business Litigation & Dispute Resolution Practices, and is the chair of the Litigation Department for the Madison office.

Before joining Foley in 2000, Mr. Tsao was a judicial clerk to the Honorable Ann Aldrich, Judge, U.S. District Court for the Northern District of Ohio, and was a trial attorney for five years at the U.S. Department of Justice, during which he was awarded the U.S. Environmental Protection Agency’s Gold Medal for Exceptional Service, and a Special Commendation for Outstanding Service by the U.S. Department of Justice.

Education :

Mr. Tsao is a graduate of the New York University School of Law, where he was an articles editor on the New York University Law Review and a Root-Tilden-Snow Scholar. He received his undergraduate degree from Northwestern University (B.A., with honors).

Admissions :

He is admitted to practice in Wisconsin and California, and before the U.S. Supreme Court, the U.S. Court of Appeals for the Seventh, Eighth, Ninth, Tenth, D.C. and Federal Circuits, and numerous federal district courts, including the Western and Eastern Districts of Wisconsin.

Representative Matters :

• Represented plaintiff farm equipment manufacturer (seller) in action to compel defendant buyer to attend arbitration to resolve disputes related to post-closing adjustments to asset purchase price. Case was sent to mediation twice and was resolved favorably through settlement.
• Represented defendant Sconnie Nation in copyright infringement lawsuit brought by a photographer (Kienitz) who alleged that Sconnie had misappropriated his photograph of the Madison mayor. Foley filed a motion for summary judgment based on the fair use exception, which the district court granted. Kienitz v. Sconnie Nation LLC, 965 F. Supp. 2d 1042 (W.D. Wis. 2013). Kienitz appealed, and the Seventh Circuit affirmed. Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (7th Cir. 2014).
• Represented audio/video technology company as lead counsel in patent infringement lawsuit pending in the United States District Court for the Western District of Wisconsin. Obtained favorable settlement.
• Represented major financial institution in multi-defendant patent infringement lawsuit, NextCard, LLC v. American Express Co. (E.D. Tex.), involving patents directed to online methods for applying for credit cards. Case settled on terms favorable to client.