Patent Litigation, Enforcement and Dispute Resolution

Kim & Chang’s patent group is globally renowned for handling more complex multinational patent litigations in South Korea than any other firm, with expertise in all venues of dispute resolution and all varieties of domestic and international commercial arbitration. The patent group’s litigation attorneys are widely considered by peers to be the most respected and skilled litigators in the country. As South Korean companies continue to excel as leaders in technology and expand their presence worldwide, South Korea is becoming an increasingly critical venue for multinational patent litigation. Kim & Chang’s proven litigation expertise and superior resources are highly sought after by companies in high-profile multinational patent litigations involving South Korea.

Patent Prosecution

Due to the depth and diverse experiences of our patent professionals, Kim & Chang has patent attorneys with the appropriate technical background for almost all technologies. Kim & Chang prosecutes more applications on behalf of foreign multinationals than any other firm in South Korea. Importantly, Kim & Chang’s patent professionals prepare patent applications while considering each client’s objectives, commercial interests, target markets and the growth potential of the relevant invention.

Patent Licensing and Transactions

Kim & Chang’s patent professionals recognize that the strategic use and licensing of IP portfolios are key components to protecting investments and obtaining commercial success. Our group has unrivalled experience in negotiating license, distribution and joint venture agreements that cover all areas of intellectual property. In addition to drafting and negotiating license agreements, members of the patent group regularly counsel clients on licensing strategies, asset management, and strategic product development and distribution.

Key Practice Areas

The following is an exemplary list of services provided by the patent group:

• Patent infringement litigation and pre-assertion due diligence;
• IP Trial and Appeal Board litigation (invalidity and scope confirmation actions);
• IP arbitration (domestic and international);
• Antitrust and fair trade violations arising out of IP-related matters;
• Domestic patent prosecution (preparing, filing and prosecuting patent applications before KIPO);
• Foreign patent prosecution (preparing patent applications and preparing responses to office actions in foreign jurisdictions);
• Prior art searching (for litigation and licensing);
• Patent infringement and validity opinions;
• Freedom-to-operate opinions (for product clearance);
• Patentability opinions;
• Disputes arising out of patent agreements;
• Assignment of patent rights;
• Joint development, ownership and exploitation agreements;
• Patent and technology licensing;
• Patent portfolio development via indigenous innovation, patent acquisition or divestment projects;
• Employment contract disputes concerning patents;
• US litigation support, including pretrial discovery document review and deposition support (e.g., by attorneys admitted to US bars); and
• Patent Due diligence.