Global Patent Litigation Part II: Asia

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Patent litigation is inherently expensive, time consuming, unpredictable, and disruptive for the entities involved. These issues are multiplied when the litigation is broadened across borders. Even so, infringement actions brought in more than one jurisdiction can provide a patentee with major strategic advantages. But where, why, and at what cost are important questions to be thoughtfully considered and answered as part of any analysis before such actions are undertaken.

This program follows a May 29 program entitled Global Patent Litigation: How and Where to Win, which focused on European countries and which is available to view OnDemand. This next installment will focus on Asian countries. Attending it will help practitioners facing global patent litigation issues answer critical questions when developing and implementing an effective global patent litigation strategy. The faculty will uniquely combine objective data metrics, including country-specific win rates, with patent litigation strategies.

Educational Objectives:
• Learn where patent owners are having the most success.
• Understand important factors to know in each jurisdiction.
• Find out about key litigation issues in participating countries including the United States, China, Japan, and South Korea.
• Discover portfolio enforcement or attack strategies worth considering.

Who would benefit most from attending this program?
Intellectual property practitioners; corporate business managers; attorneys serving clients with global business issues and/or global patent portfolios.



Michael Elmer, Senior Counsel with Finnegan, has more than 40 years of experience in virtually every aspect of intellectual property law, including ex parte, inter partes, and litigated I.P. matters. For most of his career, Mr. Elmer has litigated patent, trademark, trade secret, trade dress, copyright, and related antitrust matters. Since becoming senior counsel, Mr. Elmer has focused his litigation work on the coordination of the firm's Global IP Litigation Project. The centerpiece of the project is a database containing win-rate statistics on international patent litigation provided by a network of participating international firms from 30 countries. The project's purpose is to assist clients in resolving international patent disputes and implementing global offensive and defensive strategic plans, including forum shopping.

Mr. Elmer's broad litigation experience includes serving as lead or co-counsel in cases in seven U.S. Courts of Appeals, including the Court of Appeals for the Federal Circuit; 35 U.S. district courts; the U.S. International Trade Commission (ITC); the U.S. Patent and Trademark Office Board of Appeals; and numerous state courts. Mr. Elmer has also managed, arbitrated, and negotiated complex international IP disputes, and supervised licensing agreements and settlements involving all aspects of IP, technical data rights, and global distribution agreements before arbitration tribunals such as the American Arbitration Association, and Judicial Arbitration and Mediation Services Inc. Mr. Elmer has lectured extensively both in the United States and abroad on global patent litigation including the resolution and evaluation of international patent disputes.

Mr. Elmer earned a J.D. from Marquette University Law School and a B.S. in Chemical Engineering from the University of Wisconsin, Madison. He is admitted to practice in California, the District of Columbia, and Wisconsin as well as before the U.S. District Courts for the Central, Southern, and Northern Districts of California; the U.S. Court of Federal Claims; the U.S. Court of Military Appeals; the U.S. Court of Appeals for the Federal Circuit; the U.S. Supreme Court; and the U.S. Patent and Trademark Office.


Gregory Gramenopoulos is a partner with Finnegan, where he leads the firm's electrical and computer technology practice group. He has more than 15 years of experience in the field of intellectual property law. He handles patent matters for emerging and high-technology companies in various electrical sciences, including computer hardware/architecture, software, communication networks, and digital signal processing and control systems. A significant portion of his current practice is devoted to strategic counseling on patent procurement and pre-litigation activities, opinion preparation on issues relating to infringement and validity, and patent infringement litigation.

Mr. Gramenopoulos counsels both domestic and foreign clients. He has successfully represented clients in U.S. district court and multinational patent infringement suits. During the course of his career, Mr. Gramenopoulos has overseen the drafting and prosecution of hundreds of patent applications, and assisted clients with strategically building and managing their portfolios. He has also assisted clients with extracting value from their portfolios through licensing and other strategies. A frequent lecturer on U.S. intellectual property law, Mr. Gramenopoulos has spoken before numerous Fortune 500 companies and organizations in the United States, as well as various multi-national companies and law firms throughout the world.

Mr. Gramenopoulos earned a J.D. from Georgetown University Law Center and a B.S. in Electrical Engineering, with honors, from George Mason University. His is admitted to practice in the District of Columbia and Virginia as well as before the U.S. Patent and Trademark Office.



Jay Kim is a U.S. attorney with Kim & Chang, specializing in intellectual property, product liability, environmental, and chemical/pharmaceutical industry issues. He has worked on patent litigation in various technical areas (with a focus on pharmaceutical, chemical, and biotech patents), including a significant number of the leading patent cases litigated in Korea. Such cases have involved blockbuster drugs, polymers, petrochemicals, consumer products, major vaccines, and infant formula additives. In addition, Mr. Kim has worked on numerous intellectual property litigations and enforcement cases representing clients such as leading luxury brands and sports leagues to deal with counterfeiting, online infringement, and ownership disputes. His intellectual property practice also covers prosecution, disputes, transactions, criminal cases, and portfolio counseling.

Mr. Kim has worked on many of the leading product liability cases in Korea, representing clients such as major automobile and consumer product manufacturers. He has extensive experience in environmental litigations, pharmaceutical and chemical regulatory issues, government relations, and licensing negotiations. He regularly participates as a speaker and panelist at various international conferences such as the Association Internationale pour de la Propriété Intellectuelle, International Trademark Association, IBA, DRI and LES, while also contributing articles to various legal publications.

Mr. Kim has been admitted to the New York and U.S. Patent Bars and is licensed as a professional chemical engineer. He earned a J.D., summa cum laude, from New York University Law School, a master's degree in chemical engineering from Columbia University, and an undergraduate degree from The Cooper Union.


Shinichi Murata is a partner at Kaneko & Iwamatsu, a firm in Tokyo specializing in technical litigation, including intellectual property litigation and commercial litigation. He previously worked with Finnegan, Henderson, Farabow, Garrett & Dunner at the firm's Washington, D.C. offices. Mr. Murata has extensive experience in a wide range of intellectual property matters, including intellectual property litigation, trial for invalidation of patents and trial for cancellation of Japan Patent Offices' decisions, infringement/validity opinion work, drafting and negotiating licensing of intellectual property rights, and drafting joint development agreements. He has extensive experience in patent litigations regarding various technologies, including telecommunication technology, pharmaceuticals, golf balls, noncontact transmission devices, recording paper, lithium ion chargeable batteries, retro-reflective sheet, Dynamic Random Access Memory, electrochemiluminescent technology, adhesive, resins, and fine pattern coils.

Mr. Murata earned a bachelor of law degree from the Tokyo University, a diploma of completion of Legal Training from the Legal Training and Research Institute of the Supreme Court of Japan, and an LL.M. in intellectual property law from George Washington University.


Lena (Lanying) Shen began her career in the intellectual property field in 2000 and currently serves as a partner of Beijing Sanyou Intellectual Property Agency Ltd., a large, renowned Chinese intellectual property law firm. She specializes in intellectual property, including patent litigation, trademark enforcement, trademark prosecution, customs action, domain name dispute, contract drafting, license, and more. She is well trusted by her clients and provides thoughtful and practical advice. Ms. Shen is active in international forums and academic activities. She is also a guest lecturer for international business schools and is often invited to speak at conferences.

Ms. Shen earned an LL.M. in intellectual property law from Queen Mary, University of London.


Guillaume van Rijckevorsel is currently an owner and partner in charge of the U.S. operations with Darts-IP. Darts-IP is a global intellectual property case law database, which enables large and small law firms, IP consulting specialists and corporations around the world to find relevant cases, gain global IP insight, and track ongoing litigation around the world. Darts-IP collects decisions daily and currently has more than 1.5 million cases from almost 2,000 courts globally. Each individual decision is analyzed locally by trademark, patent, design or domain name specialists. Search interfaces are tailored to the needs of IP professionals.