Robert Kang

As lead counsel, Rob:

• Successfully transferred NPE Internet Payment Patents, Ltd’s suit against PayPal from the Waco Division of the Western District of Texas to NDCA, and successfully challenged the asserted patent on a Section 101 motion, invalidating all claims.
• Successfully transferred NPE eCardless Bancorp’s suit against PayPal from the Midland-Odessa Division of the Western District of Texas to NDCA, and challenged the asserted patents on a Section 101 motion. eCardless dismissed the case with prejudice shortly after the hearing on the 101 motion.
• Invalidated 4 of 5 patents asserted by Fintiv, Inc. against PayPal based on means-plus-function indefiniteness, obtaining a rare reversal of Judge Albright’s tentative claim construction, and defended the decision at the Federal Circuit. The Federal Circuit affirmed in a precedential opinion. Rob also invalidated all asserted claims of the remaining Fintiv patent in inter partes review proceedings.
• Obtained dismissal with prejudice of a patent litigation complaint brought by an NPE against PayPal, Inc. on a Rule 12(b)(6) motion before Judge Alan Albright.

Rob also:

• Successfully challenged plaintiff Core Optical Technologies’ ownership and standing of its optical networking patents asserted against Cisco Systems, Inc. in a one-week bench trial in the Central District of California, resulting in dismissal of plaintiff’s complaint with prejudice.
• Represented Alphatec Spine in a two-week jury trial in the Southern District of California, and obtained favorable post trial settlement.
• Represented Cisco in two ITC actions against Arista Networks. Rob led the technical team on a key Cisco networking patent, securing a finding of no invalidity and infringement by both Arista’s existing and redesigned products in two separate evidentiary hearings, shortly before a $400 million settlement for Cisco.
• Obtained complete defense victory at a jury trial in the Northern District of California for Energy Labs Inc. against Nortek Air Solutions. The jury found no infringement of any claim in six asserted patents and found most of the asserted claims to be invalid.
• Represented LivePerson against allegations of infringement by [24]7.ai in the Northern District of California. Obtained dismissal on grounds of invalidity or unpatentable subject matter of eleven patents asserted by [24]7.
• Obtained favorable settlement on behalf of Google against allegations of patent infringement by Rockstar Consortium. Rockstar settled with Google, abandoned its attempts to license its patents, sold them, and disbanded shortly after the Court of Appeals for the Federal Circuit forced Rockstar to proceed in the Northern District of California, rather than the Eastern District of Texas.
• Obtained a favorable settlement on behalf of RF Micro Devices in a patent infringement action involving semiconductors used in RF switches brought by Peregrine Semiconductor in the Southern District of California. After defeating Peregrine’s preliminary injunction motion, winning a motion to dismiss half of the asserted patents, and challenging the remaining patents at the PTAB, Peregrine settled on terms favorable to RF Micro Devices.

Rob was previously an IP Litigation Partner at Winston & Strawn, LLP and Kirkland & Ellis LLP.