David Chun
Partner
David focuses his practice on litigating patent infringement, trade secret misappropriation and copyright infringement matters in district and appellate courts and in connection with government enforcement actions.
David represents both foreign and domestic clients in litigations involving a broad range of subject matters. Representative technologies include semiconductor and flash memory, wireless mobile devices, digital signal processing for hearing aid devices, on-line gaming, hard disk drives, alternative fuels, software interfaces, medical devices, business methods and consumer products.
David is one of the founding partners of the firm’s Seoul office.
Experience
- SAP v. Adheat: Represented SAP in a trade secret misappropriation matter involving analytics software.
- Represent Samsung Electronics in multiple District Court and ITC patent infringement matters.
- Represent Global OLED Technologies in licensing disputes involving OLED displays.
- Represented Woongjin Chemical (today Toray Chemical Korea) in a U.S. federal grand jury trade secrets investigation.
- Paltalk Holdings v. NCsoft Corporation, et al.: Represented NCsoft in a multi-defendant patent infringement litigation involving network communications for client-server gaming products (MMORPGs).
- NCsoft Corporation v. Bluehole Studios, Inc. and En Masse Ent.: Represented NCsoft in a trade secret misappropriation, copyright and unfair business practices litigation against a competitor company.
- Hitachi Chemical v. KC Tech: Defended KC Tech in a patent infringement lawsuit brought by a competitor on patents relating to chemical-mechanical-polishing (“CMP”) technology.
- e.Digital Corp. v. LG Electronics, et al.: Obtained early settlement for LGE in a patent infringement litigation involving flash memory recording technology and mobile phones.
- Massachusetts Eye and Ear Infirmary v. QLT, Inc., et al.: Obtained a jury verdict of unjust enrichment and unfair business practices relating to surgical treatment of macular degeneration, resulting in damages award of a 3.01% royalty on more than $2 billion sales and attorney's fees for MEEI. Successfully defended this verdict on appeal.
- ETG v. GN Resound A/S: Represented GN ReSound up to trial in a patent infringement litigation involving digital signal processing technology for hearing aids.
- G-P Gypsum Corporation v. BPB America, Inc. and BPB Manufacturing, Inc.: Represented G-P against a competitor in a patent infringement litigation involving manufacturing processes for fiber glass coated wall boards.
- Saifun Semiconductors v. Advanced Micro Devices: Represented Saifun in a patent infringement and trade secret misappropriation action involving flash memory devices.
Publications
- Quoted, “A Stranger’s Guide to US ITC Trade Secret Complaints,” Managing Intellectual Property (August 12, 2022)
- Profiled, “David Chun a Top Trade Secrets Lawyer in California,” Daily Journal (October 6, 2021)
- Co-author, “Patent Litigation Issues to Watch in 2017,” Bloomberg BNA’s Patent, Trademark & Copyright Journal (December 28, 2016)
- Co-author, “Wilful Infringement: Consequences and Best Practices,” Intellectual Property Magazine (December-January 2017)
- Co-author, “Trade Secret Enforcement and Compliance,” American Journal of Commerce in Korea (2015 Fourth Quarter Edition)
- David S. Chun, Kenneth B. Herman, and Diana Santos, "ITC has become a more attractive forum for nonpracticing entities," The National Law Journal (May 2011)
Presentations
- Moderator, “Harnessing IP Value,” Intellectual Asset Management’s IPBC Korea conference in Seoul, South Korea (April 20, 2023)
- Speaker, “Patent Infringement Litigation and Damage Calculation Practice,” 2020 Korea IP Summer Forum (August 27, 2020)
- Speaker, “Strategies for Litigating the Changing Environment of PTAB,” MIP PTAB Forum (May 8, 2018)
- Speaker, “International Trade Secrets,” Daily Journal, Trade Secrets 2018 Conference (October 30, 2018)
- Speaker, “10 Trends in Patent Litigation Worldwide,” LOT Network IP Conference and Private Breakfast (May 11, 2017)
- Speaker, “10 Trends in Patent Litigation Worldwide,” LOT Network Bridge All Members Meeting (May 11, 2017)
- Presenter, “Willful Infringement After Halo: Consequences and Best Practices,” Korea Electronics Association (2016)
- Presenter, “Trade Secret Enforcement, including the Recently Passed Changes to U.S. Federal Law,” Recent Issues and Trends in IP Disputes in the U.S. and Korea, joint seminar: Ropes & Gray, Lee & Ko (2016)
- Presenter, “Notable U.S. patent cases in the Past Year“ and “Trade Secret Enforcement in the U.S.,” Korea Electronics Association (2015)
- Presenter, “Design Patent Protection and its Comparison to Utility Patent and Trade Dress,” AIPPI Korea (2015)
- Presenter, “Patent Litigation in the U.S. – Pretrial Procedures I, II, Remedies,” Georgetown Law Summer Program in Korea: U.S. Patent Litigation & Negotiations (2015)
- Presenter, “Claim Construction,” Korean Patent Court Judiciary (2015)
- Mock Trial participant, “United Patent Court Mock Trial” (Seoul), Korean Intellectual Property Lawyers Association (2015)
- Presenter, “Document Retention and e-Discovery Considerations During the Course of Government Investigations,” Trends in Government Enforcement Actions in the U.S. and Korea, joint seminar: Bae Kim & Lee, KCCI, KITA and Korea Ministry of Gov. Legislation (2014)
- Presenter, “Patent Damages and Marking,” US Patent Disputes: Strategies for Effective Defense, Korean Patent Attorneys Association / Korea Institute for Advancement of Technology (2010)
- Presenter, “Defense and Management of Non-Practicing Entity Litigation," US Patent Disputes Seminar, Korean Patent Attorney Association (2011)
- Mock Trial participant, AIPPI 43RD World Intellectual Property Congress (Seoul), Association Int’l pour la Protection de la Propriété Intellectuelle (2012)
- Presenter, “US Patent Protection and Antitrust/Fair Trade Concerns,” Cross-border IPR Dispute Resolution Conference, ASCo Research and Production / Lexis Nexis (2012)
- Opening Address, Essential Elements of Litigating Technology Cases: Considerations for Korean Companies in US Court, joint seminar: Ropes & Gray, Bae Kim & Lee (2012)
Education
- JD, Fordham University School of Law, 2001
- BS (Chemical Engineering), Columbia University, 1996
Admissions / Qualifications
Qualifications
- California, 2017
- New York, 2003
Court Admissions
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. Bankruptcy Court for the Southern District of New York
Awards
- Daily Journal: Top Trade Secrets Lawyer in California (2021)
- Chambers Asia-Pacific: Leading Individual for Intellectual Property in South Korea – Band 1 (2014-2023)
- Chambers Global: Leading Individual for Intellectual Property in South Korea – Band 1 (2014-2023)
- Legal 500 Asia-Pacific: Leading Individual for “Intellectual Property: Foreign Firms” in South Korea (2019-2023)
- New York Super Lawyers – Rising Stars (2012-2013)