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Intellectual Property

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Intellectual Property

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Intellectual Property

One of the most important driving forces for creating corporate value is securing and utilizing intellectual property rights. Intellectual property rights are the most useful assets in the competitive market. LIN’s Intellectual Property team has lawyers with strong trial experience in patent courts and former partners from major law firms who help our clients secure their creative assets, maximize the value of their IP portfolios and strategically defend their rights in court.

Representative Matters

·	Proceeded patent infringement lawsuit in Korea in parallel with patent infringement lawsuit and IPR (Inter Parts Review) filed by the client in the United States.

·	Investigated samples of infringing products to identify the patent infringement claims to be made in Korea.

·	Analyzed the IPR-related data provided by a representative of US lawsuit through the client for the likelihood of invalidity.

·	Korean attorneys communicated directly with the client in English during the process.

·	The client’s revenue was decreased due to the competitor's imitative products.

·	Analyzed the patents held by the client and reviewed the possibility of infringement and avoidance of design.

·	Filed complaint to the Fair Trade Commission claiming a violation of the prohibition on the provision of technical documents under the Subcontracting Act.

·	Advised the client who had technology that significantly improves the existing products and attempted to contact major companies for mass production of products.

·	Advised on patent application strategy and the structure of license agreement.

·	In connection with the equipment for changing the train track, the client was sued for an injunction and a lawsuit against infringement of patent rights.

·	Analyzed the client's product to confirm that it did not fall within the scope of patent rights and took the necessary measures against the claims.

·	The decision of the first trial to dismiss the application for injunction was maintained until the Supreme Court and confirmed the decision.

·	A client who develops and supply security solution software received a patent infringement notice, responded with a trial to confirm the invalidity of the patent and scope of rights.

·	Claimed for damages due to patent infringement of credit card payment method of self-gas machine against self-gas station operator.

·	Achieved the same effect as winning whole case through the court's decision of recommended reconciliation, including an application for an injunction against the infringement of the patent right, and a penalty clause.

·	Investigated prior technology through external agencies related to mobile games that client planned to release in overseas.

·	Advised on the likelihood of invalidation of registration based on the results of prior technology investigation.

·	An employee of a client leaves the company that manufactures battery-related equipment, he established a competing company and obtained a patent registration. Then proceeded criminal prosecution, search and seizure against the client for infringement of patents and trade secrets.

·	Defended the client against the trade secrets and patent infringement claims.

·	Requested a trial for invalidity of registration by investigating the reasons for the defect in the other party's patent and prior technology.

·	Filed a criminal complaint against the employee after detecting the employee's alleged leakage of trade secrets and breach of duty through digital forensics.

·	A person who served as the head of the research center of a client established a company after retirement and interrupted existing clients of the client.

·	Seized the other party's product through an application for preservation of evidence.

·	Proceeded the appraisal procedure to prove infringement in the case on the merits.

·	Responded to the investigations in violations of the Trademark Act related to similar trademarks of famous Japanese brands.

·	Obtained acquittal in a case that was forwarded to the prosecution with an opinion of indictment.

·	All seized items were returned and continued the business.

·	Proceeded a trial for invalidation of trademark rights registration and filed a lawsuit for revocation of subsequent trial decisions.

·	Advised clients who were in dispute over invalidation of trademark registration.

·	Advised on branding of recently expanded product lines.

·	Advised on trademark use and change of packaging for existing products.

·	A manufacturer, who manufactured client’s product as OEM, has registered the product drawings provided by the client as its own design rights by filing a misappropriated application, and forwarded a notice of infringement to the client.

·	Obtained a trial decision to invalidate the registration of design right on the grounds of a misappropriated application, filed lawsuit for the obstruction of business and claimed for damages due to illegal acts.

·	Regarding cosmetics containers exported by clients to overseas, the claimant filed a criminal/civil complaint, a damage compensation lawsuit on the grounds of infringement of domestic design rights.

·	Claimed the invalidation of registration on the grounds of prior design.

·	An employee of client installed and used crack versions of expensive software.

·	Accused of copyright infringement and claimed damages.

·	Took the case where the appeal trial of the first instance court acknowledged a large amount of damages liability, and as a result of thoroughly asserting and proving the reason for the reduction, the amount of damages was greatly reduced.

·	A client using open source for embedded software.

·	Received a notice requesting to purchase a license from the claimant that distributes the software under the dual licensing policy, claiming to have violated the obligation to provide source code.

·	Claimed all obligations under the GPL/LGPL were complied with respect to the client's product in question, and refuted the U.S. decision on similar cases which the claimant’s claim is based on.

·	Advised client on copyright notices and open-source license compatibility for other products.

·	Client that develops software which improves the performance of medical devices using deep learning technology.

·	Advised on the avoidance of risk during the transaction of personal information (medical records) between the hospital and the client's server under the Personal Information Protection Act.

·	Prepared a joint sales agreement with a medical device manufacturer and seller, and prepared a software use agreement with a hospital.

·	Advised on open-source software license compliance used for the software.

·	Advised on issues related to Medical Devices Act and fair competition regulations regarding payment of advisory fees to professors at university hospitals.

·	Advised customers on developing gene therapy.

·	Advised on patent licensing agreements entered into with the U.S. medical school, Sponsored Research Agreements, etc.

·	Advised on the application process of licensed US patents in Korea and its technical value in collaboration with an external patent firm.

·	Advised on issues related to copyright, trademark, portrait, and publicity rights for the operator of the fan goods sales platform.

·	Advised on the right of portrait, publicity, and contractual relationship with the original publisher for the fan book publisher.

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