The Korea Fair Trade
Commission (KFTC) rendered its full decision and findings of the investigation
into Qualcomm’s market power and anti-competitive business practices.
Korea IP Law and Practice on Patent, Design, Trademark, Copyright, Trade Secrets and Unfair Competition
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The Korea Fair Trade Commission (KFTC) Rendered Full Decision and Order Against Qualcomm on January 20, 2017
Tags:
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copyright,
cost,
damage,
design,
dispute,
infringement,
injunction,
IP,
Korea,
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litigation,
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PI,
procedure,
prosecution,
timeline,
trademark,
validity
Partner, Kook-Hyun Kim
Kevin, Kook-Hyun Kim, Attorney at Law / Patent Attorney, kkh@kasanlaw.com
Kevin,
Kook-Hyun Kim is an attorney at law who represents and provides counsel to
clients in in-depth legal matters related to intellectual property law. Since
starting his career as a patent and trademark attorney in 1994, his practice
encompassed virtually all aspects related to intellectual property from
drafting and prosecuting patent applications to patent trials and litigation,
and over the years, he has provided professional services relating to trademark
registration, licensing and litigation to both domestic and multinational
corporate clients.
Before joining KASAN, he worked at Kim & Chang, Lee & Ko and Myung-Shin & Partners. While working at Kim & Chang, he has prosecuted a large number of inbound patent applications and was extensively involved with representing multinational corporate clients in patent trials and litigation. At Lee & Ko, his major domestic clients included LG electronics and LG-Philips LCD, which he represented in technology transfers, litigation, trade secret, copyright and trademarks.
Before joining KASAN, he worked at Kim & Chang, Lee & Ko and Myung-Shin & Partners. While working at Kim & Chang, he has prosecuted a large number of inbound patent applications and was extensively involved with representing multinational corporate clients in patent trials and litigation. At Lee & Ko, his major domestic clients included LG electronics and LG-Philips LCD, which he represented in technology transfers, litigation, trade secret, copyright and trademarks.
He
is regularly involved with patent and trademark infringement litigations.
Particularly, he has successfully represented domestic clients (defendants) in
landmark patent infringement lawsuits. Though a patentee asked for the largest
damage compensation in the history of our patent infringement lawsuits,
attorneys for the defendants, including Mr. Kim, successfully defended the
clients in a trial that lasted for 3 years.
At
KASAN from 2006, he has worked for many clients regarding IP infringement
litigation cases, arbitration cases, opinions, etc. The list of representative
litigation cases is attached below.
Kevin
is a frequent speaker at various seminars attended by domestic and
international patent practitioners. He served as an adjunct professor for
patent practice at Yonsei University, school of law for 5 years. And he regularly
gives lectures at the Korean Invention Promotion Association and the Korean
Patent Attorney Association.
Further, he was involved with the WIPO's educational project, as a counselor to the Korean Invention Promotion Association and the Korean Intellectual Property Office. Both organizations provided the WIPO with online education materials related to patent, trademark, copyright, trade secret, etc.
Mr. Kim is an active member of LESI, INTA, APAA, KPAA and the Korea Bar Association.
Mr. Kim received a B.S. and an M.S. in Pharmaceutics from Seoul National University (SNU) in 1987 and 1989, respectively, a Masters in IP from Franklin Pierce Law Center of UNH in New Hampshire, U.S.A. in 1994, and a LL.B. from Seoul National University in 2000.
Mr. Kim passed the Korean patent bar examination in 1993 and the Korean bar examination in 2000.
Mr. Kim wrote a book, “Business Secrets Protection Law” in 2010.
He is versed in English and Japanese.
Further, he was involved with the WIPO's educational project, as a counselor to the Korean Invention Promotion Association and the Korean Intellectual Property Office. Both organizations provided the WIPO with online education materials related to patent, trademark, copyright, trade secret, etc.
Mr. Kim is an active member of LESI, INTA, APAA, KPAA and the Korea Bar Association.
Mr. Kim received a B.S. and an M.S. in Pharmaceutics from Seoul National University (SNU) in 1987 and 1989, respectively, a Masters in IP from Franklin Pierce Law Center of UNH in New Hampshire, U.S.A. in 1994, and a LL.B. from Seoul National University in 2000.
Mr. Kim passed the Korean patent bar examination in 1993 and the Korean bar examination in 2000.
Mr. Kim wrote a book, “Business Secrets Protection Law” in 2010.
He is versed in English and Japanese.
- Representative Cases after 2006 at KASAN from 2006
-
Pfizer Inc. v. Ahn-Gook, a Korean Pharmaceutical Company
Kasan
IP and Law Firm successfully defended a Korean pharmaceutical company against
allegations of infringement of a patent relating to Pfizer’s blockbuster
medicine Norvasc® in preliminary injunction and permanent injunction
infringement litigation, and successfully represented the Korean company in
invalidation proceedings, trial to confirm the scope of a patent right and
appeals against the trial decisions before the Korean Patent Court and the
Supreme Court.
-
Pfizer Inc. v. Hanlim, a Korean Pharmaceutical Company
This
is the first case regarding “off-label” drug issue in Korea. The patent is
directed a new use of a known compound, pregabalin. Kevin represented Hanlim
and successfully defended permanent injunction claim and restricted damages
against the patentee Pfizer.
-
Tokyo Electron Limited v. IPS, a Korean semiconductor equipment company
We
successfully represented a Korean semiconductor manufacturing equipment company
in patent infringement litigation before a civil court, invalidation trials
before the IPT in KIPO, appeals against the trial decision before the Korean
Patent Court. Also we successfully represented our client in criminal
prosecution proceedings relating to trade secret theft allegation against TEL.
-
Gilead v. Daewoong, a Korean pharmaceutical company
Our
firm successfully defended a Korean pharmaceutical company against allegations
of infringement of a patent relating to Gilead’s blockbuster drug Hepsera®, in
preliminary injunction case, patent infringement litigation, invalidation trials
before the IPT in KIPO and appeal against the trial decision.
-
Konami v. a Korean game company
The
firm successfully defended a Korean game company in copyright and trademark
infringement litigations and criminal prosecution cases, relating to Konami’s
famous characters and trademarks.
-
KEC, a Korean electronics company v. ASE
We
defended ASE against a Korean electronics company in criminal prosecution and
litigation relating to theft of trade secret involving semiconductor packaging
technologies.
-
P&G v. Wooshin, a Korean pharmaceutical company
We
successfully defended a Korean generic company in invalidation trial, trial to
confirm the scope of a patent and appeal against the trial decisions before the
Korean Patent Court and the Supreme Court relating to developing and marketing
of a generic version of P&G’s patented medicine Risedronate Sodium for
treating osteoporosis.
-
ALCON v. Hanlim, a Korean pharmaceutical company
Kasan
successfully represented a Korean generic company in invalidation trial and
appeal against the trial decision, relating to developing and marketing of a
generic version of ALCON’s patented medicine Patanol® for treating allergic
conjunctivitis.
-
INNOMTEK v. CDM Bridge
The
firm successfully represented INNOMTEK in infringement litigation and
preliminary injunction cases involving Bluetooth and USB driver technologies.
-
TRY Brands v. a personal business owner
We
successfully represented TRY Brands in trademark infringement litigation
involving a well-known trademark for clothing.
-
Shinwha Inc. v. Mirae Inc.
We
represented Shinwha in patent infringement litigation and invalidation trial,
relating to a patent on diffusion film for LCD.
-
Dash Co., Ltd v. a Korean consumer goods company
Kasan
successfully defended a Korean consumer goods company against allegations of
infringement of a patent relating to household goods in preliminary injunction.
-
Sports TOTO Inc. v. a personal business owner
We
successfully represented Sports TOTO in patent infringement litigation,
invalidation trial and appeal for the trial decision against a personal
business owner.
-
Wonik Inc., a Korean semiconductor equipment company v. a former researcher of
the company
The
firm successfully represented a Korean semiconductor equipment company in a
trade secret theft case against a former researcher of the company, throughout
criminal prosecution, preliminary injunction and infringement litigation.
-
Ace Tech, a Korean electronics company v. Hirose Korea, an electronics joint
venture between a Korean company and a Japanese company
Kasan
IP and Law Firm successfully represented an electronics joint venture between a
Korean company and a Japanese company in a trade secret theft case involving
mobile antenna technology against Ace Tech throughout criminal prosecution,
preliminary injunction and litigation for damages.
-
A Korean construction and engineering company “S” v. a Korean construction and
engineering company “I”
The
firm successfully represented a Korean construction and engineering company “S”
in patent disputes and disputes relating to “New Excellent Technology”
certification from Ministry of Land, Infrastructure and Transport.
-
National Health Insurance Corporation v. Seoul National University
We
successfully defended Seoul National University in insurance benefits refund
litigation against National Health Insurance Corporation.
-
SK Chemical, a Korean pharmaceutical company v. Dongkuk, a Korean
pharmaceutical company
We
successfully defended Dongkuk, a Korean pharmaceutical company in patent
infringement litigations, trademark infringement litigation, invalidation trial
and trial to confirm the scope of a patent before the IPT in KIPO relating to a
patented drug of a combination of existing two drugs.
-
National Health Insurance Corporation v. Kyungbo, a Korean pharmaceutical
company
The
firm successfully defended a Korean pharmaceutical company in pharmaceutical
expenditure refund litigation, relating to active pharmaceutical ingredients
exemption provision.
-
Daewoong, a Korean metal working company v. a personal business owner
We
successfully represented a Korean metalworking company in patent infringement
litigation, invalidation trial and appeal for the trial decision, against a
personal business owner.
-
Choistech, a Korean electronics startup v. a Korean electronics company
Kasan
successfully represented Choistech, a Korean small electronics company in a
trade secret theft case relating to electronic accessories for iPhone by
obtaining injunctive relief against a Korean electronics company.
-
Oy Ajat v. Vatech, a Korean medical device company
We
successfully represented a Finnish medical device company Oy Ajat in patent
infringement litigation, invalidation trial, post-grant amendment trial and
appeal against the trial decisions, relating to a dental instrument.
-
Flowmaster Korea v. a Korean software company
Kasan
successfully represented Flowmaster Korea, a subsidiary of American software
company Flowmaster Inc., in a trade secret theft case relating to computational
fluid dynamics simulation software, against a Korean software company.
-
Saerom v. a Korean cable TV company
We
successfully represented Saerom in design right infringement litigation and
related criminal prosecution against a Korean cable TV company.
Tags:
arbitration,
business,
copyright,
cost,
damage,
design,
dispute,
infringement,
injunction,
IP,
Korea,
lawsuit,
litigation,
patent,
PI,
procedure,
prosecution,
timeline,
trademark,
validity
Partner, HOEMOK CHUNG
Partner, Attorney-at-Law, Patent Attorney
EDUCATION
2012 : Inha University, Law School, Juris Doctor
2007 : Korea National Open University, Law, BA
1995 : Seoul National University, Electronics
Engineering, MS
1993 : Seoul National University, Electronics
Engineering, BS
EMPLOYMENT HISTORY
2012 – Present : Kasan IP and Law Firm,
Attorney-at-law
1999 – 2008 : GCT Semiconductors, Inc., Senior
Research Engineer
1998 : IBM T. J. Watson Research Center, Research
Intern
1995-1997 : Seoul National University, PhD
Candidate
EXPERIENCE
1. Korean Bar Association Intellectual Property
Training Institute, Member of Management Committee, 2015-2017
1. Seoul Center for Creative Economy and
Innovation, Mentor, 2015-2017
1. Seoul Center for Creative Economy and Innovation,
Auditor, 2017
1. The Council of Centers for Creative Economy and
Innovation, Auditor, 2017
1. Complete education from The Patent Training
Institute of Seoul Bar Association, 2012
1. Computer Systems and Theory, pp
1348-1358, vol. 25, no. 12, 1998.12
1. "A SPARC-based VLIW Testbed" Soo-Mook
Moon, HoeMok Chung, Jinpyo Park, SangMin Shim, and Jae-Woo Ahn IEE Proceedings
- Computers & Digital Techniques vol. 145, no. 3, May 1998
1. "Using Value Locality on VLIW machines
through Dynamic Compilation" HoeMok Chung, Soo-Mook Moon, and Kemal
Ebcioglu Workshop on Binary Translation,
Oct 1999
1. Adaptive
design of linear phase wavelet filter bank for image data compression), HOEMOK CHUNG, Master’s
Thesis, 1995
Tags:
arbitration,
business,
copyright,
cost,
damage,
design,
dispute,
infringement,
injunction,
IP,
Korea,
lawsuit,
litigation,
patent,
PI,
procedure,
prosecution,
timeline,
trademark,
validity
About KASAN IP & Law Firm
Since its
establishment in 2000 by Korean and American licensed professionals having
experience working at leading law firms and companies, Kasan IP
& Law Firm has steadily grown
into one of the leading intellectual property law firms in Korea. In 2017, the
firm has 16 years business history and senior partners have over 22 years
working experience as professionals.
We specialize in
intellectual property matters, including patent, utility model, trademark,
design, copyright, unfair competition dispute, and licensing of technology. The
firm's professionals and staff of over 90 have knowledge and resources needed
to offer quality legal services to our international clients with confidence
and sensitivity for cultural, social and legal differences.
Quality Legal Services
From the very beginning of Kasan, the standard of every aspect of our practice has been excellence and that touchstone remains intact today. For years, we have represented countless innovators, assisting in protecting ideas, promoting discoveries, and introducing new concepts to the market. We believe our relationships with our clients is based on the trust and confidence that develop over time through prompt, high-quality and consistently valuable service.
Full Range of Legal Services
Kasan provides a full range of legal services in diverse aspects of IP related matters that require in-depth specialization. The firm is not merely a gathering of professionals from various fields but it is an integrated working group of legal and technical specialists that are highly qualified and experienced in their respective fields.
Manpower
We are aware that our services are judged by the quality, ability and commitment of our members who deliver the service. We have over 90 members including 35 patent and trademark attorneys, 5 attorneys at law and 3 US attorneys, and have heavily invested in manpower that would enable us to deliver specialized services in various IP and legal sectors. Kasan provides clients with linguistic assistance through a Chinese patent attorney, a Japanese technical advisor, a Canadian technical advisor and an American technical advisor. And we strive to provide them with a great environment to show their best abilities.
Experience, Responsiveness, and Reasonable Cost
We are devoted to providing swift, accurate and pragmatic legal advice and action. And we understand and appreciate the ever changing business environment in which our clients finds themselves everyday. Our foremost priority is to enable our clients to come to the best decisions.
Our professionals have a great deal of experience in fields such as electronics, software, mechanical engineering, chemistry, pharmaceuticals and biotechnology. They are graduates of top universities in Korea, the U.S., Canada, China, and Japan. And they have many years of experience working for domestic and foreign clients.
Kasan has provided domestic and international clients with the most effective and proactive legal services at the most reasonable price in the country. We strive to provide cost-effective practices.
From the very beginning of Kasan, the standard of every aspect of our practice has been excellence and that touchstone remains intact today. For years, we have represented countless innovators, assisting in protecting ideas, promoting discoveries, and introducing new concepts to the market. We believe our relationships with our clients is based on the trust and confidence that develop over time through prompt, high-quality and consistently valuable service.
Full Range of Legal Services
Kasan provides a full range of legal services in diverse aspects of IP related matters that require in-depth specialization. The firm is not merely a gathering of professionals from various fields but it is an integrated working group of legal and technical specialists that are highly qualified and experienced in their respective fields.
Manpower
We are aware that our services are judged by the quality, ability and commitment of our members who deliver the service. We have over 90 members including 35 patent and trademark attorneys, 5 attorneys at law and 3 US attorneys, and have heavily invested in manpower that would enable us to deliver specialized services in various IP and legal sectors. Kasan provides clients with linguistic assistance through a Chinese patent attorney, a Japanese technical advisor, a Canadian technical advisor and an American technical advisor. And we strive to provide them with a great environment to show their best abilities.
Experience, Responsiveness, and Reasonable Cost
We are devoted to providing swift, accurate and pragmatic legal advice and action. And we understand and appreciate the ever changing business environment in which our clients finds themselves everyday. Our foremost priority is to enable our clients to come to the best decisions.
Our professionals have a great deal of experience in fields such as electronics, software, mechanical engineering, chemistry, pharmaceuticals and biotechnology. They are graduates of top universities in Korea, the U.S., Canada, China, and Japan. And they have many years of experience working for domestic and foreign clients.
Kasan has provided domestic and international clients with the most effective and proactive legal services at the most reasonable price in the country. We strive to provide cost-effective practices.
Tags:
arbitration,
business,
copyright,
cost,
damage,
design,
dispute,
infringement,
injunction,
IP,
Korea,
lawsuit,
litigation,
patent,
PI,
procedure,
prosecution,
timeline,
trademark,
validity
Practice Areas of KASAN
We specialize in intellectual property matters, including patent, utility
model, trademark, design, copyright, unfair competition dispute, and licensing
of technology. Further we have regularly assisted our clients on business law
issues and represented our client in legal disputes regarding their business
interest before courts, government agencies, arbitration board, police, etc.
Litigation, Enforcement,
and Dispute Resolution
Our firm represents clients on a regular basis in regard to warning letters, preliminary or permanent injunctions, damage compensation, and criminal action. Our patent litigation team consists of an attorney at law as litigator, patent attorneys and patent engineers with specific technological backgrounds. The attorneys at KASAN have a great deal of experience in IP disputes at the IP Tribunal of the Korean Intellectual Property Office (KIPO). KASAN has been dealing with numerous IP disputes, which makes them the right choice as a strategic mediator in this area. We provide search services of the prior art for patents, registered trademarks, designs, and we have expertise in analyzing the prior art and providing expert opinions on the availability of registration or the possibility of infringement.
IP Management Services
Within KASAN, a separate IPMC (the Intellectual Property Management &
Consulting Company) provides maintenance services for patents, trademarks and
designs. We have helped our clients pay annuities, record changes and
transfers, and others. And Kasan's licensing attorney had worked for many years
in the largest corporation in Korea–Samsung–dealing with licensing matters.
With the extensive knowledge and deep insight into Korean industry we offer,
our clients are guaranteed to secure both suitable partnerships and a firm
customer channel. We also provide Intellectual Property evaluation services,
including due diligence, validity studies, liability checks and assessment of
IP rights in Korea.
Unfair Competition,
Trade Secrets, Copyrights, and Domain Name Disputes
Our services extend to the areas of unfair competition prevention and trade secret protection. Under the Korea Unfair Competition Prevention and Trade Secret Protection Act, we advise clients on the best strategy to protect valuable information or new technologies that are not covered by patent system. Our practices cover the prevention of unfair competition by third parties. We also help clients in preparing and filing copyright registration applications and often represent clients in mediation procedure before the Korea Copyright Commission for Mediation and Conciliation or in litigation before courts. And we advise clients regarding domain name disputes, internet or e-commerce issues.
IP
Prosecutions
- Patents and Utility Models
We have years of experience in drafting patent specifications, translating foreign language specifications into Korean versions, preparing patent applications, filing and prosecuting patent applications before the Korean Intellectual Property Office. Covering all technological areas, our members are organized into three working groups: Electrical and Electronics team, Mechanical and Metallurgical team and Chemistry, Pharmaceutical and Biotechnological team. Each team consists of patent attorneys and patent engineers with technical backgrounds.
- Mechanical and Metallurgical group: mechanical devices, precision machinery, automobiles, metallurgy, and materials science
- Electrical and Electronics group: electrical, electronics, semiconductor, computer software, business methods, information technology, communications, and displays
- Chemical and Biotechnological group: chemicals, pharmaceuticals, biochemistry, biotechnology, textiles, and polymers
- Trademarks and Designs
We understand the essential role of trademarks in today's business world. Our experienced trademark attorneys and staff offer the most cost effective and practical approaches to resolving the trademark-related problems our clients face. We provide a trademark search service based on the largest databases in Korea and expert opinions on the availability of the trademark in the Korean market, and on the registration of the subject trademark. We have a wealth of experience in preparing, filing, prosecuting trademark and design applications before the Korean Intellectual Property Office. We also have extensive experience in the areas of oppositions, invalidation trials and cancellation trials.
Tags:
arbitration,
business,
copyright,
cost,
damage,
design,
dispute,
infringement,
injunction,
IP,
Korea,
lawsuit,
litigation,
patent,
PI,
procedure,
prosecution,
timeline,
trademark,
validity