Patents and utility models are a core competency of Yulchon’s IP Group. With a team comprised of former judges, KIPO patent examiners and directors, government litigation attorneys, in-house counsel, engineers, and researchers, the IP Group has the expertise and experience to understand the client’s business goals and provide tailored advice relating to patent and utility issues in any technology. The former judges served on the Patent Court, on various district courts including the Seoul Central District Court, in the IP division of the Seoul High Court (court of second instance), and as research judges at the Supreme Court (court of third and final instance). The attorneys and patent attorneys of the IP Group have degrees in electronic engineering, mechanical engineering, chemical engineering, computer science, pharmacy, civil, urban and geo-systems engineering, and naval architecture and ocean engineering.
The IP Group has successfully represented numerous domestic and overseas companies in regard to all aspects of patent and utility model disputes in the Korean courts, the Korean Intellectual Property Tribunal, and the Korean Trade Commission. Experience in the Korean courts include infringement litigations, litigations for cancellation of trial decision, patent transfer litigations, and employee invention compensation litigations. Experience in the Korean Intellectual Property Tribunal include actions relating to invalidation, confirmation of scope of right, and correction. Experience in the Korea Trade Commission include investigations of injury to domestic industry by unfair international trade practices resulting from violations of IP rights. The IP Group has also advised on diverse IP related matters, such as conducting pre-litigation reviews on likelihood of patent infringement and invalidity, taking countermeasures against infringers, formulating effective defenses against allegations of patent infringement, assisting with negotiations, conducting IP due diligence for acquisition or sale, reviewing and drafting license agreements, and advising on employee invention rules and compensation. The IP Group also includes an International Dispute Management Team comprised of foreign licensed attorneys with extensive experience in overseas patent litigation. As a result, Yulchon’s IP Group can efficiently handle Korean patent/utility model disputes and collaborate with the attorneys in foreign countries for one or more concurrently pending foreign litigations.
Major Practice Areas
- Korean Courts
- Patent infringement and damages litigations, petitions for preliminary injunction against patent
infringement, and criminal complaints.
- Appeals to cancel decisions of the Korean Intellectual Property Tribunal.
- Determination of employee invention compensation
- Korean Intellectual Property Tribunal (validity issues)
- Patent trial cases including appeals against KIPO rejections, confirmation trials for scope of patent rights,
invalidation and correction trials relating to patents and utility models.
- Korean Trade Commission (import/export issues)
- Korea Trade Commission investigations of injury to domestic industry by unfair international trade
practices resulting from violations of patent/utility model rights.
- Korean Fair Trade Commission (anti-competition issues)
- Korean Fair Trade Commission investigations regarding enforcement of patent/utility model rights.
- International Dispute Management
- Management of litigations and arbtrations in venues outside of Korea in regard to patent/utility model rights.
- Legal Advice
- Analyze and advise on infringement and invalidity of patents/utility models.
- Search and evaluate prior art relating to patents/utility models.
- Advise on licensing and transaction of patents/utility models.
- Pre-litigation analysis, e.g., gather evidence relating to patent/utility model infringement and advise on
possible courses of action against infringers, including negotiations to resolve disputes.
- Advise on employee invention rules and compensation.
- Represented Samsung Electronics in a dispute with Apple relating to allegations of patent and design infringement and unfair competition in mobile phone technology.
- Represented Samsung LED in a dispute with Osram relating to allegations of patent infringement and invalidation in LED technology.
- Represented Daewoong Pharmaceutical in a dispute relating to a preliminary injunction against patent infringement, a patent invalidation trial, and a criminal case in Pharmaceutical technology.
- Represented FormFactor in a dispute relating to alleged patent infringement and patent invalidation in semiconductor testing technology.
- Represented LG Electronics in a dispute with Philips relating to alleged patent infringement in mobile phone technology.
- Represented PixelPlus in a dispute with MagnaChip relating to patent infringement in semiconductor technology.
- Represented Hoffmann La Roche in a dispute with Alpha Interferon relating to patent infringement in Pharmaceutical technology.
- Represented Fujitsu in litigation relating to cancellation of a patent decision against the Korean Intellectual Property Tribunal.
- Advised a foreign company “I” in relation to alleged patent infringement of a semiconductor technology.
- Advised company “S” in relation to acquisition of overseas patent rights.
- Advised company “H” in relation to employee invention compensation rules.