PETER H. KANG is a patent and IP trial lawyer. He is a member of the firm’s nationally and California ranked IP Litigation practice group. He is also the IP lead for the firm’s Korea practice and coordinates with the firm’s Technology and IP Transactions practice group. His most recent trial victory was a complete defense verdict as lead counsel in a patent jury trial, including a post-trial award of over $4.6 million in lawyers’ fees and costs for his client. In addition to trials in district courts and the ITC, Peter represents clients before the Patent Trial & Appeal Board, including a victory in the first ever IPR to reach final judgment. He appears in the Federal Circuit and courts nationwide, as well as in international arbitration before the ICDR in a complex patent licensing matter. In transactional matters, he represents clients as lead negotiator in IP/technology licensing deals worldwide.
A #1 ranked author, Peter advises in all areas of intellectual property law for clients ranging from Silicon Valley startups to multinational electronics manufacturers. He 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.
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 also negotiates for clients in high-stakes IP licensing/acquisition deals and technology transactions. 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, telecomm 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 successfully helping parties settle 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, including successfully issuing an opinion which was adopted by the litigants and the Court as a judgment of the Court.
Peter has practiced IP law in Silicon Valley for almost 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.
Chambers Global (2019) recognized Peter as “high calibre” and noted he “is recognised for his extensive knowledge advising market-leading Korean clients on a wide array of cross-border IP disputes.” Peter was named “Intellectual Property Lawyer of the Year” by Finance Monthly Law Awards (2016). The Daily Journal selected Peter as one of the Top IP Lawyers in California (2016). Peter was named in The Best Lawyers of America for 2016–2020 for his work in Intellectual Property Litigation. From 2016–2020, he has been the only lawyer ranked by Chambers Global in the field of “Intellectual Property (Expertise Based Abroad) – South Korea,” which in 2019 recognized that “noteworthy is his expertise in advising on licensing, patent acquisition, IP valuation and portfolio management.” Chambers Asia Pacific has ranked Peter every year since 2012, including a “Band 1” ranking (2015) in the field of “Intellectual Property: International Firms – South Korea” and the Chambers 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.’” Managing IP has recognized Peter as a “Patent Star” in the categories of Computer Technology and Services, FMCG, ICT and Software, Patent Litigation, Patent Office Proceedings, Patent Strategy and Counseling and Retail for 2019.
Peter has been widely recognized by numerous other organizations:
- In 2016, Litigation Counsel of America (LCA), the trial lawyer honorary society, selected Peter as a Fellow of the LCA.
- Who’s Who Legal: Patents has recognized Peter multiple times over the years, including recognition as a Recommended “Global Leader” in 2019 and 2020.
- Managing Intellectual Property has named Peter an “IP Star” for California (every year since 2013) and for the United States (2014).
- In the U.S. News “Best Law Firms” survey, former clients noted that “Peter Kang is one of the most accomplished IP litigation attorneys with whom I have dealt. Without any reservations I would recommend Peter Kang to anyone dealing with major cross-border intellectual property litigation” and that “[t]he IP attorneys at Sidley Austin have a great amount of knowledge about IP litigation and patent law, especially Mr. Peter Kang at the Palo Alto office” (2013–2014). In an earlier U.S. News “Best Law Firms” survey, a former client commented “[t]here is no firm I would rather trust with my ‘bet-the-company’ type matters than Sidley Austin and Peter Kang would be my first choice for the assigned partner” (2012–2013).
- Chambers has recognized Peter every year since 2012. Chambers Global ranked Peter in Band 1 in the field of Intellectual Property: South Korea (Experts Based Abroad) (2014). The Chambers Asia-Pacific editorial reported that a “client comments: ‘I would recommend Peter Kang with no reservations.’ Another interviewee endorses him ‘for any bet-the-company type matters that may arise.’” (2018).
- The Legal 500 has recognized Peter multiple times since 2011. The Legal 500 (Asia Pacific 2014) named Peter a “leading individual” and as a recommended “IP litigation expert.”
- Selected as a “Top-Rated Lawyer” in Intellectual Property Law, Commercial Litigation, International Law & International Trade by American Lawyer Media and Martindale-Hubbell (2012–2014).
- Each year from 2007–2019, Northern California Super Lawyers and San Francisco Magazine have recognized Peter in areas including Intellectual Property Litigation, International and Intellectual Property.
- Listed in the International Who’s Who of Patent Lawyers, Who’s Who in American Law and as a Life Member in the National Registry of Who’s Who.
- The Euromoney Institutional Investor’s “Guide to the World’s Leading Financial Law Firms” IFLR1000 recognized Peter as a “significant contributor” to the firm’s Korea practice who “specializes in intellectual property and telecommunications” and as a “leading individual who has handled a raft of important deals for Korean clients.”
- Benchmark Litigation has recognized Peter under “Litigation Stars” and noted that “Sidley Austin’s intellectual property and international arbitration groups boast a number of nationally prominent litigators... and Bay Area leaders such as Peter Kang have a point of entry with Silicon Valley companies.”
- Peter has been named as one of Asia’s “Leading Business Lawyers” by the Leading Lawyers Survey of Asia Law & Practice (a Euromoney publication company), for his work in the fields of Intellectual Property, Dispute Resolution and IT/Telecommunications/Media.
Peter is an Honorary Alumnus of Stanford University’s Department of Management Science and Engineering.
Admissions & Certifications
- U.S. Supreme Court
- U.S. Patent & Trademark Office
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, N.D. of California
- U.S. District Court, C.D. of California
- U.S. District Court, E.D. of California
- U.S. District Court, S.D. of California
- Georgetown University Law Center, J.D., 1990 (cum laude)
- Stanford University, B.S. in Industrial Engineering, 1987
- Stanford University, B.A., 1986 (Recipient of both Fairclough Award and Senior Prize)
- University of London, Institut Brittanique, Certificate of Merit, 1985
- Ernest C. Torres, U.S. District Court, District of Rhode Island (1990 - 1991)