Grant L. Kim has over 25 years of experience in international arbitration, intellectual property litigation, and other complex commercial disputes. He has successfully represented clients in numerous international arbitrations administered by the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), and the Korean Commercial Arbitration Board (KCAB). He has also obtained favorable results in litigation in the federal and state courts and before the U.S. International Trade Commission (ITC). Mr. Kim has served as an ICDR arbitrator and has decided Internet domain name disputes for the ICDR and the World Intellectual Property Organization. He is a Fellow of the Chartered Institute of Arbitrators. He is also a member of the Panel of Arbitrators of the ICDR, KCAB, and Hong Kong International Arbitration Center.
Mr. Kim has handled all types of intellectual property disputes involving patents, copyrights, trade secrets, and trademarks. He has experience with a wide range of technology, including biotechnology, computer software and hardware, semiconductors, medical devices, and mechanical devices. He also has extensive experience with contract, tort, and defamation disputes. He has authored numerous articles regarding international arbitration and intellectual property law and has made presentations on these subjects at conferences in the U.S. and Asia.
Mr. Kim joined Morrison & Foerster LLP in 1986, after serving as a staff attorney for the U.S. Court of Appeals for the Ninth Circuit. He moved to Seoul, Korea in 2000 to join Kim & Chang, the largest Korean international law firm, helping the firm to build its international arbitration practice. He returned to the San Francisco office of Morrison & Foerster at the end of 2004.
Mr. Kim is recognized by Super Lawyers (2014) for International work.
He is the past president of the Korean American Chamber of Commerce of the North Pacific Coast, and former overseas president of the International Association of Korean Lawyers. He has lived in Korea, France, and Japan, and has a working knowledge of Korean and French. He is admitted to practice in California and before various federal courts.
Mr. Kim was born in Los Angeles, California in 1957; his grandparents were among the first group of Korean immigrants to the U.S. in the early 1900s. He received his B.A. degree with honors in 1978 from Pomona College, and his J.D. degree magna cum laude in 1984 from the University of California, Hastings College of the Law.
ICDR Arbitration for Leading ATM Manufacturer
Lead counsel for leading Korean ATM manufacturer in ICDR arbitration in Seoul with its former North American distributor. Obtained favorable arbitral award and federal court judgment confirming the award. When the former distributor attempted to evade the award by transferring its business to related companies, pursued fraudulent transfer litigation in federal court that resulted in favorable settlement.
ICC Linux Arbitration and UNIX Copyright Litigation.
Represented German Linux company in International Chamber of Commerce arbitration in Switzerland arising from joint development project. Represented Novell, Inc. in related U.S. litigation involving copyrights in the UNIX operating system, which resulted in favorable jury verdict.
Summary Judgment of Non-Infringement.
Obtained dismissal of patent infringement suit in the Northern District of Illinois against The Walt Disney Company for lack of personal jurisdiction; summary judgment of non-infringement for affiliated company; and award of Rule 11 sanctions against the other side.
ITC Video Chip Patent Trial.
Counsel in patent trial before the International Trade Commission (ITC) between two video chip companies. Cross-examined technical experts and obtained favorable ruling on patent validity.
JMOL of Patent Invalidity.
Second chair in patent jury trial involving computer technology. Obtained Judgment as a Matter of Law invalidating the patent-in-suit shortly before the case was submitted to the jury.
ICC Arbitration for U.S. Private Equity Company.
Obtained large award of damages for U.S. private equity company in ICC arbitration in Singapore, arising from investment in Asian credit card company.
Federal Circuit Appeal.
Represented Swiss company in successful appeal that resulted in reversal of judgment of willful patent infringement.
Obtained favorable summary judgment rulings in separate libel suits against a large U.S. newspaper and a small community newspaper.