Andrew Y. Choung

My focus

I represent a wide variety of clients, with a focus on Korean universities, research institutes, and companies. Leveraging my background, I advise clients within various high-tech industries including telecommunications technologies, display and display materials technologies, semiconductors and semiconductor manufacturing equipment, automotive and aeronautical technologies, software, internet technologies, business and financial methods, PC games, and virtual worlds and assets.

In addition, I counsel clients on strategic development of licensing and monetization programs, patent portfolio development, acquisitions and licensing, and IP due diligence.

Representative experience

• Defended DECA International Corp. and GolfzonDECA in a patent suit filed by SkyHawke Technologies, LLC, involving 11 patents related to golf GPS devices. Obtained a complete dismissal with prejudice after winning favorable claim construction rulings finding 9 patents invalid or non-infringed. SkyHawke Technologies, LLC et al v. GolfzonDeca, Inc. et al. (CDCA)
• Defended DECA International Corp. and GolfzonDECA, in a false advertising suit filed by SkyHawke Technologies, LLC, related to golf GPS devices. Won motion to dismiss, dismissing 15 of 21 claims pleaded. The case settled on favorable terms on the eve of trial. SkyHawke Technologies, LLC et al v. GolfzonDeca, Inc. et al. (CDCA)
• Won $400 million verdict in jury trial representing a university-based licensing entity in a patent-assertion action over FinFET technology. KAIST IP US LLC v. Samsung Electronics Co., LTD., et al.
• Represented university-based licensing entity in patent case over FinFET technology, including successful opposition to reexamination procedure, and leading to a global resolution. KIPB LLC v. Samsung, et al.
• Represented university-sourced licensing entity in a patent-assertion action over network technology. KAIFI LLC v. AT&T, et al.
• Represented manufacturer of MRI safety devices in dispute over ferromagnetic detection technology. Mednovus Inc. et al. v. Qinetiq Ltd, et al.
• Represented Korean mobile device developer in dispute over misappropriation of trade secrets. M Seven System v. Leap Wireless, et al.
• Defended Korean golf technology company against 11 patents, leading to a full dismissal with prejudice. SkyHawke Technoologies, et al. v. GolfzonDECA, et al.
• Defended GPS navigation and dash cam company, leading to settlement and dismissal. Location Based Services, LLC v. Thinkware System USA Inc.
• Won summary judgment of noninfringement of nine JVC Kenwood optical disc patents for client Nero, based on patent exhaustion. JVC Kenwood Corp. v. ArcSoft Inc., et al.
• Obtained favorable settlement and disposition on behalf of Korean manufacturer of x-ray devices in patent declaratory judgment action. Dexcowin Global, Inc. v. Aribex, Inc.
• Defended client against claims of trademark, copyright, and trade secret violations in conjunction with a breach of a license agreement lawsuit. DTS Inc. v. Nero AG
• Represented client in declaratory judgment action against licensing entity, including a successful reexamination against the asserted patent. Polystak v. Entorian

Looking ahead

Patent litigation has always been high-stakes, but more so today than ever before, as more cases go to trial, and the frequency and size of damages awarded by juries increases. We serve our clients by recognizing and getting ahead of these trends.

Insights

• “Discovery in U.S. Patent Litigation,” International Association of Korea Lawyers, September 30, 2021