Seoul High Court Denied Qualcomm’s Appeal for Stay on September 5, 2017



The Seoul High Court denied the Qualcomm’s petition to stay the order of the Korea Fair Trade Commission (KFTC). The court found that company’s business wouldn’t suffer irreparable harm while the company appeals. Irreparable harm typically is the legal threshold that courts use when determining whether to grant a stay.

Qualcomm announced it would appeal the Seoul High Court’s decision to the Korea Supreme Court. Link: Qualcomm press release

The case is an intermediary process and the court’s decision to deny the petition to stay does not impact Qualcomm’s appeal of the KFTC decision and order. The main lawsuit is pending before the Seoul High Court.

Further, the KFTC’s order reviewed by the Court does not invalidate any existing license agreements, does not prohibit Qualcomm from entering into licenses for its standard essential patents (SEPs) and other patents at the device level and does not limit the royalties Qualcomm can seek or collect for SEPs under its current or future licenses as long the license agreements are consistent with Qualcomm’s FRAND commitments.


The Korea Fair Trade Commission (KFTC) Rendered Full Decision and Order Against Qualcomm on January 20, 2017


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.
 
Click here to read the full KFTC decision in English.

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.

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.

  • 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.


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

 
PUBLICATION (In Korean)


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



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.