Peter H. Kang is a patent and IP trial lawyer. He has served as trial counsel in fifteen bench and jury trials, seven as lead trial counsel. He represents clients worldwide, including extensive experience working with global enterprises based in Korea, Taiwan, Japan, and China. His most notable trial victory was a complete defense verdict as lead counsel in a patent jury trial, including a post-trial award of $4.6 million in lawyers' fees and costs for his client. See Universal Elecs., Inc. v. Universal Remote Control, Inc., 130 F. Supp. 3d 1331 (C.D. Cal. 2015). In addition to trials in district courts and the International Trade Commission (ITC), Peter represents clients before the Patent Trial and Appeal Board, including a victory in the first ever IPR to reach final judgment. See UKing Universe, Inc. v. Chu, 2013 Pat. App. LEXIS 5410, Case IPR2013-00212 (PTAB 2013). He has appeared in the Federal Circuit, the ITC, and courts nationwide, as well as in international arbitration before the ICDR. In transactional matters, he represents clients as lead negotiator in IP/technology licensing deals and technology transactions worldwide. He serves as global Co-Chair of the firm's Korea Practice.
Peter advises in all areas of intellectual property law for clients ranging from Silicon Valley startups to multinational electronics manufacturers. In addition to patent lawsuits, Peter represents clients in trade secret disputes and in technology and IP-related arbitrations/mediations, as well as high-tech antitrust, product defect, commercial litigation and copyright/trademark suits. He further advises clients in IP evaluation and due diligence in connection with M&A, offerings and other corporate matters, as well as in regard to IP and portfolio strategy. He has extensive experience working in Asia and Europe, particularly for electronics, software, semiconductor, medical device, telecommunications, and IT clients. He previously served on the Patent Committee of a Silicon Valley-based medical device company.
Peter is member of the Panel of Arbitrators of the American Arbitration Association (AAA). He has been appointed as Settlement Conference Officer for the San Francisco Superior Court in over a dozen cases. He has presided as Judge pro tempore in Santa Clara County Superior Court. He also has served as Court-appointed Mediator in complex patent suits, for example helping parties with multiple patent suits involving medical device technology and traffic control technology. Peter also has served as a Court-appointed Arbitrator and Early Settlement Conference Neutral for the Santa Clara County Superior Court in over 15 cases.
Peter has practiced IP law in Silicon Valley for 30 years. Early in his career, Peter served as a Law Clerk for the Hon. Ernest C. Torres, former Chief Judge of the U.S. District Court for the District of Rhode Island (retired). Prior to his legal career, Peter worked in the tech field as a computer programmer and research assistant for a biomedical (oncology and gerontology) research organization at Brown University and for a cardiac research department at a public hospital in Rhode Island.
Peter is the author of the top ranked legal treatise “Intellectual Property Litigation in the United States International Trade Commission.” He also authored the chapter on inter partes reviews titled “Overview of Recent Developments in Patent Law and IP Litigation in the Era of the America Invents Act” for an Aspatore Thought Leadership book. He wrote the chapter titled “IP Licensing in Asia” for the Aspatore Inside the Minds book Defending Intellectual Property Rights Cases in China.
Peter is recognized as a top-ranked attorney in various publications. The Chambers Global 2021 review wrote that Peter "is particularly well versed in handling patent-related cases" and "demonstrates notable experience representing major Korean companies in substantial patent disputes. He offers further expertise in handling appellate proceedings before bodies such as PTAB.” From 2016-2021, he has been the only lawyer ranked by Chambers Global in the field of “Intellectual Property -South Korea (Expertise Based Abroad).” Peter has been ranked by Chambers Asia Pacific (2012-2020), including a “Band 1” ranking in 2015 for “Intellectual Property: International Firms-South Korea” and the Chambers (2015) editorial noted that “California-based Peter Kang is a highly recognizable figure in the field of IP… Kang is recognized by one interviewee as ‘a very client-friendly attorney.’” In addition, The Daily Journal selected Peter as one of the Top IP Lawyers in California, 2016. Who's Who Legal: Patents, 2020 recognized Peter as a “Global Leader” and ranked as “Recommended.” Peter was also named in The Best Lawyers of America for 2016-2021 for his work in Intellectual Property Litigation and as a 2020 “Patent Star” for both California and the U.S. by Managing IP.
Peter is recognized for his pro bono and community involvement. Diversity & the Bar magazine profiled Peter as a "Rainmaker" in the field of Patent and IP Litigation. Peter received the “Commitment to Diversity” Award from the Asian American Bar Association in recognition of his pro bono representation of a prison inmate in a civil rights action. See E. Zheng, “The New Faces of Justice,” 15 Asian Am. L.J. 269 (2008).
He has represented clients in civil rights litigation, immigration/asylum matters and a variety of pro bono cases, including a veterans benefit matter, a case to expunge a client’s decades-old criminal records under California’s “clean slate” laws, and an impact litigation case involving EMTALA claims against a hospital for improperly treating an emergency room patient.