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S.H. Michael Kim

Partner


Michael Kim serves as a partner in the firm’s Intellectual Property Litigation Group. His practice focuses primarily on patent and trade secret litigation and counseling before state and U.S. district courts in addition to U.S. International Trade Commission (ITC) Section 337 proceedings. He also serves on the Probono committee and is the Probono chair in Alston & Bird’s Menlo Park office.

Michael has extensive litigation and trial experience representing both plaintiffs and defendants in patent and trade secret cases. He specializes in preparing, strategizing, and managing cases for both jury trials and 337 ITC hearings. He has litigated cases and participated in all phases of trial involving complex technology such as DC-DC controller chips, touch sensors for hand-held devices, optical mouse sensor chips, light emitting diodes (LEDs), Ethernet network interface controllers, electrical switches, micro-controllers used in CD/DVD ROM players, and dynamic random access memories (DRAMs).

Michael also has substantial patent prosecution and portfolio management experience. He was a former patent examiner in the computer networking arts and prepared and prosecuted hundreds of patents dealing with pixel display technologies, networking switches and routers, microprocessors, memory devices and cards, computer software and hardware applications, micro-electro-mechanical-system (MEMS) devices and processes, semiconductor fabrication processes and devices, biological microarray image analysis, and photolithography tools. He has substantial experience providing client counseling regarding domestic and foreign patent portfolios and providing patentability, validity and non-infringement opinions.

Michael received his B.S.E.E. in 1992 from Purdue University, West Lafayette, IN. While at Purdue, he completed and received his Cooperative Education Certificate at IBM Manassas, VA, as a student engineer. From 1992-1996, he was a patent examiner at the Patent and Trademark Office, where he examined patent applications in the computer networking arts. He received his J.D. in 1999 from American University, Washington College of Law. During law school, he was a judicial extern for Judge Ricardo M. Urbina at the U.S. District Court for the District of Columbia and represented low-income clients in the Landlord Tenant Court in the District of Columbia while participating in the civil trial clinical program.

Representative Experience

  • Successfully represented Taiwanese maker of DC-DC controllers in 337 ITC proceedings involving both patent infringement and trade secret misappropriation in obtaining a consent order judgment against respondents.
  • Successfully defended Taiwanese developer of optical sensors used in optical mice in a three week jury trial in San Jose, California in which the jury returned a verdict of non-infringement.
  • Represented chip maker of micro-controllers for CD/DVD players in Section 337 proceedings at the International Trade Commission (ITC). Successfully resolved matters in client’s favor with a final determination of non-infringement and invalidity of one of the asserted patents.
  • Represented chip maker of Ethernet network interface controllers (NICs) in Section 337 proceedings at the ITC. The Complainant agreed to drop the proceedings against the client right before trial.
  • Represented manufacturer of light emitting diodes (LEDs) in Section 337 proceedings at the ITC.
  • Represented manufacturer of keyboard, video, and monitor (KVM) switches in Section 337 proceedings at the ITC.
  • Represented manufacturers of liquid crystal displays (LCDs) against allegations of patent infringement.
  • Represented makers of power supply controllers against patent infringement.
  • Represented chip maker of Ethernet network interface controllers in a patent infringement and unfair competition lawsuit against competitor.
  • Represented chip maker of optical sensor chips in optical mice in a patent infringement suit. Successfully invalidated asserted claim of the patent in summary judgment proceedings.
  • Represented manufacturers of dynamic random access memories (DRAMs) in a patent infringement lawsuit.


S.H. Michael Kim

275 Middlefield Road
Suite 150
Menlo Park, CA 94025-4008
Phone: 650-838-2100
Fax: 650-838-2001

Education

  • American University
    (J.D., 1999)
  • Purdue University
    (B.S.E.E., 1992)

Admitted to Practice

  • California
  • District of Columbia
  • U.S. Patent and Trademark Office