Expertise

Lee & Ko’s IP Practice Group assists Korean companies in handling global litigation and cooperating with foreign law firms for efficient representation, thereby increasing the chance of winning cases and effectively managing the cost of the lawsuits.  We leverage our know-how and expertise in US patent litigation, and in this regard, we not only manage cases (i.e., communicating with clients, formulating litigation strategies and managing litigation costs) but also collaborate with local counsel in all aspects of patent litigation, including patent analysis and pre-trial discovery. 

1. Assisting in Management of Litigation

Many Korean companies face obstacles in managing litigation costs and assuring the quality of services provided by foreign law firms.  Lee & Ko’s IP Practice Group assists clients in supervising works and services performed by foreign law firms.  We keenly understand the facts of the cases and legal issues, and thus, we not only share significant tasks performed by foreign law firms but also assists clients in the overall management of litigation. 


2. Sharing Significant Tasks of Global IP Litigation

A. Evidence Preservation and Discovery Preparation
Evidence preservation and discovery are unique features of the pre-trial stage in English and US courts.  For example, under US law, the duty to issue litigation hold arises when a company reasonably anticipates litigation.  Therefore, it is necessary to prepare for the discovery in advance to manage litigation efficiently.  Lee & Ko’s IP Practice Group assists clients in conducting evidence preservation and provides counseling services in establishing the scope of document production and custodian’s duties for the discovery procedure. 

B. Infringement and Invalidity Analysis
Lee & Ko’s IP Practice Group, from the information provided by clients, conducts infringement analysis and formulates a defense strategy, and we concentrate on performing invalidity analysis on patents at issue during the initial phase of litigation.  Based on this analysis, we assist clients in formulating litigation strategies and develop strategies with assistance from foreign law firms. 

C. Discovery – Document Collection, Review and Production
Korean companies who are parties or interested parties to US patent litigation must collect and conduct a review of documents for document production to determine whether such documents are relevant to litigation, and also, whether they are subject to trade secrets or privilege.  With the expertise gained through extensive experience, Lee & Ko’s IP Practice Group assists clients in performing document review, and thereby, improving the quality of review and reducing litigation costs. 

D. Preparation and Participation in Deposition
Lee & Ko’s IP Practice Group, based on its unrivaled experience in U.S. patent litigation, assists our deponents in communicating with lawyers from foreign law firms for thorough preparations for depositions in a cost and time-efficient manner.  Also, our experienced US attorneys are capable of defending employees of clients during depositions.  

E. Preparation and Participation in Trial
In IP litigation in the US, trials are held after pre-trial proceedings, such as discovery and claim construction hearing are conducted.  For trials, evidence should be thoroughly organized and prepared, and witnesses must be prepared for their testimony.  Lee & Ko’s IP Practice Group cooperates with US-based law firms in preparation for trials, in a cost and time-efficient manner, by conducting document review and participating in witness examination. 

F. Preparation and Participation in Settlement
Lee & Ko’s IP Practice Group assists clients in reaching an amicable resolution by conducting negotiations at the most suitable time for seeking a settlement.  In addition to maintaining effective communications with clients, the Group cooperates with foreign law firms for negotiations in a cost and time-efficient manner.