Trials & Litigation
We work the IP Trial and Appeal Board and the courts together, from invalidation trials through infringement suits.
Have proceedings already started?
A petition or a complaint comes with a fixed response window. Contact us before it runs.
Where the paths diverge
IP disputes in Korea run on two tracks at once: trials before the IP Trial and Appeal Board, and suits before the courts. If the right falls in an invalidation trial, the infringement case falls with it — so which track you open first is the heart of the strategy.
Even where the other side sued first, an invalidation trial remains available as a counter. It takes time to reach a decision, so the choice has to be weighed against your business schedule.
Because prosecution and litigation sit in the same firm, we take over the file from the filing stage rather than rebuilding it.
Types of trial
Invalidation trial
Removes the opposing right itself. Securing prior art is decisive.
Scope confirmation trial
Obtains an official finding on whether your product falls within the claims.
Appeal against refusal
Challenges an examiner refusal and asks for the decision to be reconsidered.
Infringement suit
Court proceedings over injunctive relief and damages.
Frequently asked
Can trials and litigation run at the same time?+−
Yes, and in practice they usually do. Unsettling the right through an invalidation trial while buying time in the infringement suit is the classic combination.
How long does it take?+−
Trials typically run 8–12 months and each court instance around a year. It varies widely with the facts, so we give an expected timeline in the initial review.
Can we settle partway through?+−
At any stage. Terms often improve once a favourable trial decision has landed.
Case review
Tell us what you received and by when you must respond, and we will set out a direction first.