[Patent Talk] What It Takes for Korea to Become a Hub for Patent Disputes

This column by patent attorney Taeyoung Lee of our firm was published in Etoday on March 3, 2021. It discusses whether Korea could become a hub for patent disputes.

[Patent Talk] What It Takes for Korea to Become a Hub for Patent Disputes

On the 24th of last month, Samsung Electronics was sued for patent infringement in the Düsseldorf Regional Court in Germany by Solas OLED, a non-practicing entity (NPE). Solas was already pursuing patent infringement actions against Samsung in the US District Court for the Eastern District of Texas and at the International Trade Commission (ITC), and by extending the litigation to Germany, it appears to be increasing the pressure on Samsung. This is just one example; most of the global patent litigation we hear about takes place in the United States and Germany.

There are several reasons, but the biggest are a pro-patent orientation and speedy proceedings. The US ITC is known for speed, issuing exclusion orders in about 15 months, while the District of Delaware and the Eastern District of Texas are known for being pro-patentee. The Düsseldorf and Mannheim Regional Courts in Germany are pro-patentee and also very fast.

The Korean Wave has recently been sweeping many fields, from "K-quarantine" to "K-batteries." Although COVID-19 has depressed the global economy, major Korean companies have drawn attention worldwide as their exports of semiconductors, batteries and electric vehicles have grown. Yet watching the recent US ITC decision between LG Energy Solution and SK Innovation, I wonder why a "K-patent" is not possible.

Korea is currently completely sidelined in global patent disputes. Some say this is natural because the Korean market is far smaller than the US market, but...

(Please click the link below to read the full column.)

LNB IP Law Firm