Peter H. Kang

Partner

Peter Kang

Palo Alto

P: +1.650.739.7559
F: +1.650.739.7659

San Francisco

P: +1.415.291.6040

Peter H. Kang is a patent and IP trial lawyer. He represents clients worldwide, including extensive experience working with global enterprises ranging from Silicon Valley to Asia. His most notable trial victory was a complete defense verdict as lead counsel in a patent jury trial, which included obtaining 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 (PTAB), 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 appears in the Federal Circuit and courts nationwide, as well as in international and domestic arbitration. In transactional matters, he represents clients as lead negotiator in IP/technology licensing deals worldwide.

Peter serves as global Co-Chair of the firm's Korea Practice. The Legal 500 2021 recognized Peter in its ranking of the firm for Patents: Litigation (Full Coverage) and noted "[w]ith the arrival of Peter Kang ... the practice gained a seasoned technology expert whose experience advising Korean clients ties in very well with the firm's already strong practice of acting for clients in the Asia-Pacific region."

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, and trade dress suits. He also negotiates for clients in high-stakes IP licensing/acquisition deals and technology transactions. He has advised 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.

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 over 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 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 "offers over three decades of experiences acting for clients from the technology and electronics industries on IP disputes. He is particularly well versed in handling patent-related cases." Chambers further wrote that Peter "demonstrates notable experience representing major Korean companies in substantial patent disputes. He offers further expertise in handling appellate proceedings before bodies such as the 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 IPKang 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, both in 2021 and in 2016. Who's Who Legal: Patents, 2021 recognized Peter as a “Global Leader” and ranked as “Recommended” for IP-Patents 2021. 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. The Asian American Bar Association awarded Peter the “Commitment to Diversity” Award 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).

Peter has represented pro bono 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.

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