International IP Disputes - Kim & Chang IP

Overview

As the largest international IP dispute practice in Korea, we consistently provide the most effective and efficient solutions for our clients.

Composed of attorneys with specialized experience working in foreign jurisdictions as well as patent attorneys with backgrounds in a wide range of technical fields, Kim & Chang's International IP Disputes Practice is uniquely positioned to help clients achieve successful outcomes in IP disputes outside of Korea. We have successfully supported clients in achieving favorable outcomes in a broad scope of IP disputes in the U.S., China, Europe, Southeast Asia, and other countries, including infringement litigation, post-grant patent office proceedings, U.S. ITC investigations and appeals, and invalidation actions. In addition to supporting clients with formal legal proceedings, we provide customized legal services tailored to the circumstances and needs of each client, including assistance with responses to warning letters, preparations for offensive lawsuits, license negotiations, and identifying and retaining foreign counsel.

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Key ServicesView All

Comprehensive Consulting for Dispute Resolution

Comprehensive consulting regarding dispute resolution with a focus on the client’s global business strategies as well as cost efficiency
Advice regarding responses to warning letters, license negotiations, recommendations regarding foreign counsel and assistance with foreign litigation, and internal training programs

Legal Advice from Technical Expert Teams

Efficient high-quality legal analysis and advice through collaboration between patent attorneys with the relevant technical expertise and attorneys with specialized experience in the relevant jurisdiction

Globally Renowned e-Discovery Team

World-class e-discovery service with dozens of technical e-discovery experts and full-time reviewers as well as state of the art e-discovery software including Relativity, Viewpoint, and Nuix.

Consulting Regarding Global Offensive IP Strategies

Strategic consulting regarding procedures for asserting IP rights in multiple foreign jurisdictions
Validity and infringement analyses in connection with IP rights assertion

Key ExperiencesView All

We assist major conglomerates, SMEs and startups in Korea with overseas IP disputes involving numerous technical fields. Some key representative matters handled by us are as follows:

Early Resolution of Overseas Disputes through Negotiation

Successfully negotiated an early settlement on behalf of Korea’s largest IT platform in a U.S. patent infringement lawsuit brought by an NPE
Supported a Korean auto parts maker in reaching an early settlement of a U.S. patent infringement lawsuit brought by a U.S. competitor through careful patent analysis and development of negotiation strategies
Supported a Korean industrial materials processing company in reaching an early settlement of a U.S. patent infringement lawsuit by recommending cost effective U.S. law firms for the client's consideration, facilitating communications between client and U.S. counsel, and developing non-infringement and invalidity arguments
Assisted a Korean auto material manufacturer and its customers to reach a successful agreement after receiving warning letters from global competitors based on alleged infringement of patents in the U.S., Germany, China and Korea, after developing and presenting non-infringement arguments and negotiation strategies
Provided dispute resolution services tailored to the circumstances of individual clients in numerous cases, including a U.S. NPE patent infringement lawsuit against a Korean startup's smart device, a U.S. patent infringement lawsuit against a Korean patent information provider's database, and a U.S. patent license dispute involving a Korean auto parts manufacturer's sensor technology

Support with U.S. Proceedings

In a trade secret misappropriation case with parallel proceedings before both the Korean and U.S. ITC, successfully obtained a final determination prohibiting sales and imports in the U.S. by conducting fact investigations and e-discovery as well as effectively communicating and collaborating with the client’s U.S. counsel
Represented major Korean conglomerates in numerous U.S. litigations and provided counsel relating to negotiations involving telecommunications, smartphone interfaces, OLEDs, QLEDs, solar energy, secondary batteries and semiconductor equipment

Other Overseas Disputes

Successfully defended a globally emerging Korean medical 3D scanner company in a German patent infringement lawsuit brought by a major global competitor by developing robust non-infringement and invalidity arguments
Represented a Korean entertainment company in litigating a patent infringement lawsuit in China against three well-known Chinese companies, and successfully obtained an award of over three times the statutory amount of damages through evidence preservation and on-site investigations (first case in which a Korean company was awarded damages in excess of the statutory amount against a well-known Chinese company)
Successfully supported a Korean bag company’s appeal in a case where a Chinese company registered an imitation trademark in China, and, in the subsequent mediation requested by the court, supported the purchase of the trademark at issue as well as other imitation trademarks at reasonable prices
Successfully appealed an unfavorable judgment in a trade name case in China between two Korean companies by effectively investigating the facts and developing litigation strategies
Successfully appealed an unfavorable judgment leading to withdrawal of a lawsuit in a case where a Chinese company filed a trademark infringement action in China after registering an imitation trademark
On behalf of a leading Korean entertainment company in a case where a Chinese company infringed the client’s copyrights, prepared a copyright transfer agreement with the original copyright holder abroad and developed effective litigation strategies in an infringement lawsuit against the Chinese Company