Peter H. Kang

After over 30 years of IP practice in Silicon Valley, Peter H. Kang has mastered the art of high tech and patent law. Over his career he's had 16 trials, serving as first chair in eight of them. He's watched the tech industry develop from the days in the 1980s when he was working toward his industrial engineering degree at Stanford University.

"My career predates the internet and compact disks," Kang said. "I've seen the IP wars from semiconductors through the dot-com boom. Now I meet with startups talking about crypto and NFTs. It's great to get to see the latest developments."

Kang moved to Baker Botts L.L.P. in 2020 after more than a decade at Sidley Austin LLP, where he was a founding partner of that firm's Palo Alto shop. "It was a successful move and I'm very happy here," he said recently.

Two recent cases showed how his expertise applies to products as diverse as flat-screen televisions and artificial eyelashes.

In 2021 Kang led the team representing major Korean television manufacturer LG Electronics Inc. in a multi-patent infringement suit it filed against a Chinese competitor. LG Electronics Inc. v. Hisense Electronics Manufacturing Co. of America Corp. et al., 2:19-cv- 09474 (C.D. Cal., filed Nov. 4, 2019).

Following multiple inter partes reviews filed by Hisense before the Patent Trial and Appeal Board and an approaching trial date, the case settled on confidential terms. "This is a Chinese company that is a young entrant into the U.S. market," Kang said. "They tried to undercut our client on prices to gain market share and they tried to take advantage of others' R and D. LG tried for years to negotiate a license with Hisense. It took a year of litigation to get them to settle." Media reports said a license deal followed the settlement.

Meanwhile, Kang was at the U.S. International Trade Commission as first chair defending Walmart Inc., CVS Pharmacy Inc., Ulta Beauty Inc. and KISS Products Inc. in a multi-patent case over artificial eyelashes brought by Lashify, Inc. In the Matter of Certain Artificial Eyelash Extension Systems, Investigation No. 337-TA-1226 (USITC, filed Sept. 10, 2020).

Kang's team defeated one patent on summary determination prior to trial; a trial on the remaining patent was held in July 2021 leading to a no violation finding. "I was ignorant of the cosmetics market, but the global cosmetics market has been estimated in the billions of dollars," Kang said.

"During the pandemic, people were stuck at home experimenting with makeup. I've seen innumerable videos of people putting on eyelashes. In our view, Lashify's patents were of dubious validity. The manufacturing techniques have been around for decades." Lashify has signaled an intent to appeal, Kang added.

"Whether it's televisions or eyelashes, I get hired for my tech background and trial skills," Kang said.

- John Roemer