Rudy Kim focuses primarily on patent litigation and other intellectual property related litigation. A registered patent attorney, Mr. Kim has represented clients in matters involving a wide range of technologies, including computer hardware and software, semiconductors, data storage, digital security, broadband communication, medical devices, and biotechnology. Companies that he has represented include Accenture, Apple, Broadcom, HP, Spansion, Tessera, and Veritas (now Symantec).
Mr. Kim received his J.D. from the Georgetown University Law Center, and received his B.S. in Electrical Engineering from the University of California, Los Angeles. Prior to joining Morrison & Foerster, Mr. Kim served as a law clerk to the Honorable Alan D. Lourie of the United States Court of Appeals for the Federal Circuit in Washington, D.C.
Mr. Kim is President of the Asian Pacific Bar Association of Silicon Valley and an Advisory Board Member of the Asian Law Alliance. A member of the Federal Circuit Bar Association, he actively participates in the FCBA's Veterans Pro Bono Program. Mr. Kim is also a member of the San Francisco Bay Area Intellectual Property American Inn of Court, the National Asian Pacific American Bar Association, and the Silicon Valley Intellectual Property Law Association.
Fast Memory Erase, LLC v. Spansion, Inc., et al.
(United States District Court, Northern District of Texas). Representing Spansion in litigation involving allegations of patent infringement directed to flash memory devices.
Applied Materials, Inc. v. Advanced Micro-Fabrication Equipment, Inc., et al.
(United States District Court, Northern District of California). Representing Advanced Micro-Fabrication Equipment in litigation involving allegations of trade secret misappropriation, breach of contract and unfair competition related to semiconductor chemical vapor deposition (CVD) and etch tools.
CyberSource Corp. v. Retail Decisions, Inc.
(United States District Court, Northern District of California). Represented CyberSource in litigation to enforce patent covering methods of detecting credit card fraud in Internet transactions. Participated in briefing on motions for summary judgment involving patentability of subject matter under In re Bilski. Case currently on appeal.
Typhoon Touch Technologies, Inc., et al. v. Dell, Inc., et al.
(United States District Court, Eastern District of Texas). Defended Apple in litigation involving allegations of patent infringement directed to the iPhone. Resulted in judgment of non-infringement in favor of defendants.
Applied Biosystems v. Illumina, Inc., et al.
(United States District Court, Northern District of California). Represented Applied Biosystems in litigation involving DNA-sequencing products. Participated in pre-trial preparations. Resulted in findings of non-infringement and invalidity in favor of Applied Biosystems.
Fastenetix, LLC v. Medtronic Sofamor Danek, Inc.
(United States District Court, District of New Jersey). Represented Fastenetix in litigation to enforce patents covering spinal implant devices. Successfully obtained highly favorable Markman ruling prior to settlement. As reported in Medtronic’s 10-Q filed on December 3, 2008, Medtronic paid a total cash payment of $125 million, which included payment for past damages and the purchase of patents.
Certain Baseband Processor Chips and Chipsets
(United States International Trade Commission). Represented Broadcom before U.S. Customs and Border Protection to enforce ITC exclusion order.
Micron Tech., Inc. v. Tessera, Inc.
(United States District Court, Eastern District of Texas). Represented Tessera in an action involving multiple patents related to semi-conductor chip packages. Appeared and argued on behalf of Tessera at a pre-trial Markman hearing. Resulted in favorable settlement for Tessera.
IpVenture, Inc. v. ProStar Computer, Inc. et al.
(United States District Court, Central District of California; the Court of Appeals for the Federal Circuit ). Represented IpVenture in litigation to enforce patents covering thermal and power management technology for laptop computers. Successfully appealed case to the U.S. Court of Appeals for the Federal Circuit and obtained reversal of dismissal for lack of jurisdiction.
IntraLase Corp. v. Carl Zeiss AG et al.
(California Superior Court). Represented IntraLase in litigation involving breach of contract and unfair competition claims related to ultrafast ophthalmic laser technology. Resulted in favorable settlement for IntraLase.
Unova, Inc. v. Acer Inc. et al.
(United States District Court, Central District of California). Represented HP in an action involving multiple patents relating to smart battery technology for laptop computers. Resulted in favorable settlement for HP, which also resolved related litigation in Texas state court.
Hewlett-Packard Co. v. Intergraph Corp.
(United States District Court, District of Delaware ). Represented Hewlett Packard in litigation to enforce patents covering image processing technology. Resulted in favorable settlement for HP, which also resolved related litigation.
Directed Elecs., Inc. v. Precision Engineering Indus.
(United States District Court, Central District of California). Represented Precision in litigation involving allegations of patent infringement and unfair competition. Successfully obtained dismissal of all state law claims prior to favorable settlement.
Cross Medical Prods., Inc. v. Medtronic Sofamor Danek, Inc.
(United States District Court, Central District of California). Represented Cross in litigation to enforce patents covering spinal implant devices. Successfully obtained summary judgment of infringement for one of four patents asserted.