1. Why “IP Litigation” Is a High‑Value Keyword in 2025
More cases, higher stakes. US patent suits filed by non‑practicing entities (NPEs) jumped 21.6 % in 2024 and hit a decade‑high in Q1 2025.
The new European UPC is booming. By November 2024, the UPC’s first‑instance divisions had logged 585 actions (219 infringement, 293 revocation).
Korea is tightening remedies. An August 2024 Patent‑Act amendment lifted punitive‑damage caps from treble to quintuple (5×) actual damages for wilful infringement—one of the world’s toughest regimes.
Search‑volume and litigation metrics align: businesses everywhere are looking for credible guidance.
District Courts – primary venue for infringement trials (patent, TM, design, copyright).
Patent Court – exclusive appellate court on validity; judges have STEM backgrounds.
IP Trial & Appeal Board (KIPO) – handles invalidation trials; can run parallel to court actions.
3.2 Damage Calculations
Korea offers three statutory bases—lost profits, infringer’s profits, and reasonable royalty—with discretionary “substantial damages” when proof is scarce. Punitive multipliers of up to 5× now apply to wilful acts.
3.3 Evidence & Discovery
While Korea lacks US‑style depositions, 2019‑24 reforms created:
A duty for defendants to specify the manner of practice (Patent Act §126‑2). These tools materially shift the information balance toward right‑holders.
4. Strategic Playbook
4.1 For Patent & Trademark Owners
Act fast on evidence. Secure product samples, sales data, and send a formal cease‑and‑desist to establish wilfulness.
Combine forums. Parallel invalidation at KIPO + infringement in District Court can accelerate leverage.
Model damages early. Prepare lost‑profit and reasonable‑royalty scenarios so pleadings match proof obligations.
4.2 For Accused Companies
FTO before launch. A documented design‑around effort may blunt a court’s wilfulness finding.
Challenge validity. An early invalidation petition often stays—or narrows—the infringement case.
Be data‑ready. Detailed cost and profit ledgers reduce exposure under the infringer‑profit presumption.
5. How Pine IP Firm Can Help
Pine IP Firm is a Korean patent‑attorney practice focusing on patents, trademarks, designs, and dispute resolution for domestic and international clients.
Attorneys trained in software, AI, biotech, electronics, semiconductors, telecom.
Bilingual Service
Full English‑language reporting and client communication.
Offices
Ulsan HQ and Pangyo Tech‑Valley branch—convenient for Korea’s manufacturing & ICT hubs.
End‑to‑End IP Filing
PCT national‑phase entry, direct patent filings, trademark prosecution, design registration.
6. Recommended Next Steps
Audit your Korean portfolio—identify crown‑jewel patents and flag any likely infringements.
Set evidence‑retention policies ahead of potential litigation.
Book a strategy call with Pine IP Firm for an initial risk review.
7. FAQ
Q. How long does a Korean patent suit usually take? A. About 12–18 months at first instance, plus 6–9 months if appealed.
Q. Can I get an injunction? A. Yes—injunctive relief is available upon a merits finding, and preliminary injunctions can issue within weeks in urgent cases.
Q. Are deposition‑style discovery tools available? A. No. However, document‑production orders and the defendant’s “manner‑of‑practice” obligation fill part of that gap.
