Intellectual Property Litigation
Ms. Kim has significant experience handling trade secret cases, copyright cases involving software, and other IP matters for both plaintiffs and defendants. She has extensive experience leading internal investigations into potential theft of trade secrets or other confidential information. Noteworthy matters include representing:
- Applied Materials in
- a case regarding the alleged misappropriation by former employees of trade secrets relating to manufacturing of LEDs and lithium ion batteries. Ms. Kim also represented Applied Materials’ interests as the victim in a related criminal trial resulting in the conviction of a former employee.
- a case against ASM and a former employee alleging threatened misappropriation of trade secrets relating to atomic layer deposition (ALD).
- a successful defense of a jury trial against claims of patent infringement brought by Axcelis Technologies.
- Checkr, Inc. in a matter defending against allegations of trade secrets theft, unfair competition, and breach of contract.
- TIBCO Software in a successful suit against vendor Apttus and former employees for theft of trade secrets.
- Amgen in obtaining a favorable settlement on the eve of trial, including a mid-single digit royalty, resolving a trade secrets dispute brought against Coherus BioSciences involving the drug Neulasta®.
- Green Hills Software in its successful five-month arbitration against claims of copyright infringement and unfair competition relating to application programming interfaces (APIs).
- Rambus in a two-week bench trial defeating Samsung’s claim for $400 million damages offset from future patent infringement liability.
- Disney’s Playdom, an online social gaming company, in a copyright case involving source code. A favorable settlement was reached on the eve of trial.
- Microsoft in a copyright and trade secret case involving voice over internet protocol (VoIP) software.
Complex Civil Litigation
Ms. Kim has substantial experience handling complex business litigation for semiconductor, software and other technology companies and taking such cases to trial. Significant litigation matters include representing:
- Lyft in cases alleging that drivers using Lyft’s service should be treated as employees.
- Intel Corporation against allegations of breach of contract, breach of warranty, and fraud brought by Brazilian smartphone manufacturer.
- Quotient Technology in defeating a TRO seeking to compel Quotient to perform digital media and promotions services pursuant to a contract that was already terminated due to Albertsons’ material breach.
- LG Electronics in federal multi-district antitrust litigation regarding cathode ray tube (CRT) price-fixing allegations.
- Rambus in antitrust litigation involving multi-billion dollar claims against Samsung, Micron and Hynix. Samsung settled its litigation against Rambus for $900 million.
Product Liability and Marketing Issues
Ms. Kim has substantial experience handling litigation and investigations alleging product defects, false and misleading advertising, unfair business practices, and violations of other consumer protection laws. She also regularly counsels clients on claim substantiation, endorsements, use of generative AI, and other marketing issues. Matters include representing:
- Intel Corporation in successfully settling on the eve of trial a consumer class action involving claims of unfair business practices with respect to performance of Pentium 4 processors.
- A food manufacturer in a case alleging failure to disclose certain levels of chemicals in products.
- PepsiCo in government investigation relating to the marketing of Gatorade.
Government and Internal Investigations
Ms. Kim has significant experience leading internal investigations on a wide range of civil and criminal issues, including alleged trade secret theft, unfair competition, potential financial fraud, whistleblower claims, and potential securities law violations. She also defends companies under investigation by state and federal agencies. Ms. Kim’s experience in investigations includes representation of:
- Pacific Gas & Electric in high-stakes wildfire cases and investigations, including a case in Sonoma County resulting in the dismissal of all criminal charges.
- The California State Bar in an internal investigation of whistleblower claims that its CEO breached his fiduciary duties.
- A technology company in an internal investigation of potential use of competitor trade secrets.
- A technology company in an internal investigation involving potential embezzlement of company funds and a vendor kickback scheme.
- A major mortgage company in a DOJ investigation of its disclosure and origination practices.