‘Korean Companies Hunting Ground’ Texas District Court - ③
Major Korean export companies such as Samsung and LG have most frequently appointed the global large law firm Fish & Richardson in patent infringement lawsuits against NPEs (Non Practicing Entities, patent assertion entities) currently underway at the U.S. Federal Eastern District of Texas (EDTX). The attorney most frequently appointed was a patent specialist working at a small law firm in Texas Marshall, which falls under the jurisdiction of EDTX.
According to a comprehensive survey by Law Times through CourtLink of the legal teams representing Samsung Electronics, LG Electronics, and Hyundai Motor in 103 patent infringement lawsuits filed in EDTX, the U.S. large law firm specializing in intellectual property (IP), Fish & Richardson, was the most frequently appointed representative. A total of 128 Fish & Richardson attorneys (including duplicates) were appointed by the three companies.
Samsung Electronics appointed a total of 102 attorneys (including duplicates) from this firm, while LG Electronics appointed 26 attorneys (including duplicates). Founded in 1878, Fish & Richardson currently operates offices in 14 locations worldwide, including Texas, New York, Munich in Germany, and Shenzhen in China. The firm gained recognition domestically by representing LG Energy Solution in its battery litigation against SK Innovation, securing a victory.
The second most frequently appointed law firm by both Samsung Electronics and LG Electronics is Gillam & Smith, a patent-specialized law firm based in Texas Marshall under EDTX jurisdiction. Attorneys from this firm were appointed 85 times by Samsung Electronics and 10 times by LG Electronics, totaling 95 appointments (including duplicates).
Gillam & Smith is a small law firm (fewer than five attorneys) located in Texas Marshall, where the EDTX Marshall division is based. Melissa Richards Smith, an attorney at this firm, was also identified as the most frequently appointed attorney by Samsung Electronics and LG Electronics. She was named in the legal teams of the two companies a total of 67 times (59 times for Samsung Electronics and 8 times for LG Electronics). A specialist in patent and IP litigation, she began her legal career in 1997 and has been a partner at Gillam & Smith since 2004.
Gillam & Smith has played a significant role as the ‘local counsel’ for companies sued in patent litigation in the Marshall area, effectively guiding clients unfamiliar with the region. This is the main reason why this small law firm is uniquely listed among the most frequently appointed law firms by the two Korean companies.
Having operated in the EDTX Marshall district for nearly 20 years, the firm is well known for its expertise in this court and region. It is reputed to have a thorough understanding of Chief Judge Rodney Gilstrap’s case handling and ruling tendencies, as well as close relationships with the clerks assisting him.
There were no cases where Korean law firms or Korean attorneys were named in the legal teams for these lawsuits. Since these lawsuits are conducted in Texas state courts, only U.S. law firms and attorneys qualified to represent clients in the local jurisdiction can be appointed.
However, Korean law firms are known to assist Korean companies behind the scenes even if they are not named in the legal teams. U.S. attorneys with experience in patent litigation or patent lawyer qualifications working at Korean law firms act as a ‘bridge’ by explaining the unique U.S. litigation procedures and systems to Korean companies and Korean attorneys. Korean-qualified attorneys mainly assist by analyzing and submitting key evidence such as technical documents from Korean companies to U.S. courts or supporting Korean witnesses when they must testify in U.S. court.
In a patent infringement lawsuit filed by former Samsung Electronics Vice President Seungho Ahn and NPE Staten Techiya against Samsung, the U.S. court accepted investigation records from the Korean prosecution as evidence. It is reported that a Korean law firm collaborated with Samsung Electronics in collecting and analyzing this evidence.
A representative of a mid-sized Korean law firm said, “Since large-scale patent lawsuits involving Korean export companies are ongoing in Texas courts, Korean attorneys should actively obtain patent lawyer qualifications in this region to provide robust support.”
Yoonji Hong, Sungkyu Lee, Hyun Ahn, Jinyoung Lee, Law Times reporters
※This article is based on content supplied by Law Times.
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