Kobre & Kim

Firm overview:

International firm Kobre & Kim specialises in investigations and dispute resolution and is “extremely thorough in preparation, to minimise surprises and maintain control and perspective”, according to a leading peer. The firm is selective in the work it takes on, mainly targeting high-stakes matters on behalf of patent owners, aiming for a roster of quality matters over quantity.

Part of Kobre & Kim’s success can be attributed to its confidence in staying relatively under the radar and building up its own unique brand of representation. Despite being a litigation-only firm, it takes a holistic approach to patent matters, working with clients at earlier stages to identify all the necessary elements for a successful monetisation or enforcement campaign. The firm offers a one-stop-shop service for patent owners, bringing together investors, business leadership teams and specialised legal practitioners to unlock the full potential of their IP.

At trial, the team goes head-to-head with the most notorious legal opponents and is able to take aggressive stances on behalf of clients thanks to its service as dedicated litigation counsel. Notable victories include a $400 million patent enforcement case for the Australian government’s science agency, the Commonwealth Scientific and Industrial Research Organisation (CSIRO), and a settlement for Spanish R&D company Fractus that resulted in the transfer of its base station antenna technology patent portfolio.

Team overview:

A peer speaks highly of the “courtroom talents” of San Francisco-based lead trial counsel Michael Ng, who heads up the IP and Technology Disputes practice. Ng focuses his practice on patent and trade secrets disputes and he has secured nine-figure recoveries in litigation for clients. He is also widely recognised for developing strategies for IP holders and investors, such as programmes for monetising high-value patent portfolios, and negotiating access to capital.

Alongside Ng in San Francisco is Daniel Zaheer, another well-respected litigator who has won favourable results for clients in large-scale, complex disputes. Zaheer has represented a number of high-profile clients, including CSIRO, Fractus, and IBM.

Experienced trial lawyer George Stamatopoulos has litigated patent and trade secrets disputes involving a wide range of technologies, such as mobile devices, network infrastructure, software and life sciences. Stamatopoulos combines this experience with his background as a structural engineer to advise on complex patent-related matters.

Key matters:

• The firm represents Barcelona-based tech company Fractus in enforcing its patent portfolio in the US against certain entities. Kobre & Kim has also worked with the company on monetising its patent portfolio covering mobile device antennas, using its cross-border capabilities to conduct discovery in Spain, Sweden and across the US.
• Orckit Corporation v Arista Networks and Juniper Networks, Case Nos. 1:23-cv-00821 & 1:23-cv-00822, US District Court for the District of Delaware, ongoing

Kobre & Kim acts as counsel to Orckit in two lawsuits pending in Delaware against Arista Networks and Juniper Networks, in a dispute that involves Orckit’s patents covering technologies used to scale Ethernet for infrastructure-level use.

The cases are currently stayed, pending a Patent Trial and Appeal Board (PTAB) decision expected by March 2025.

Kobre & Kim trial litigator Jacob Kirkham is lead counsel for Orckit.

Jack Blumenfeld and Jennifer Ying of Morris, Nichols, Arsht & Tunnell represent Arista Networks and Juniper Networks.

• CSIRO v BASF Plant Science

Kobre & Kim represented the Commonwealth Scientific and Industrial Research Organisation (CSIRO)—the inventor of the foundational technology underlying Wi-Fi—in a patent infringement case brought by chemicals and agricultural giants BASF and Cargill.

The case was heard both in the Australian and the US Federal Circuits. CSIRO proved at trial in the US that BASF and Cargill had infringed its patents related to an invention for producing long-chain omega 7 fatty acids in crop plants—an innovation called the “holy grail” of biotechnology and agribusiness.

Clients:

Commonwealth Scientific and Industrial Research Organisation (CSIRO), Fractus, Orckit, Xiaoping Ren, Jie Sun Representation.