Grant L. Kim

Grant L. Kim

Partner

(415)619-3323

(415)619-3320

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Grant L. Kim has served as an arbitrator or counsel in over sixty arbitrations in the U.S., Asia, and Europe.  He has also served as counsel in numerous lawsuits in federal and state courts. He is a highly effective advocate and a responsive, well-prepared arbitrator. Mr. Kim’s experience as an arbitrator makes him a better advocate, and his experience as an advocate makes him a better arbitrator.

Mr. Kim has handled numerous arbitrations under the rules the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the American Arbitration Association (AAA), the CPR International Institute for Conflict Prevention and Resolution (CPR), the Korean Commercial Arbitration Board (KCAB), JAMS, and UNCITRAL. He is also a member of the Panel of Arbitrators of the Hong Kong International Arbitration Centre (HKIAC), the Beijing International Arbitration Commission (BIAC), and the World Intellectual Property Organization (WIPO). Mr. Kim has been selected as a Fellow of the College of Commercial Arbitrators and has been appointed to the Tech List of the Silicon Valley Arbitration and Mediation Center (SVAMC).

Mr. Kim has specific expertise with disputes involving patents and other intellectual property (both arbitration and litigation). He excels at explaining technology in a clear and effective manner. He has dealt with diverse technology, including computer software and hardware, biotech, semiconductors, smartphones, biotech, and medical devices. Mr. Kim frequently speaks about international arbitration and intellectual property at conferences in the U.S. and Asia. 

Mr. Kim has handled a wide range of other commercial disputes, including breach of contract, business torts, sales and distribution, joint venture, M&A, technology licenses, construction projects, and development and manufacturing agreements, construction projects.  He also has extensive experience with cross-border litigation and enforcing foreign arbitral awards and judgments.

Mr. Kim previously worked for many years at top international law firms in the U.S. and in South Korea. He began his legal career a Staff Attorney for the U.S. Court of Appeals for the Ninth Circuit. His grandparents were among the first wave of Korean immigrants to the U.S. in the early 1900’s; he learned Korean as an adult while working in Korea, first as an English teacher and later as an attorney. He has also studied in France and has a working knowledge of Korean and French. 

Representative Matters

Representative Arbitrations

  • ICDR arbitration between U.S. and Asian semiconductor companies arising from patent indemnity agreements (presiding arbitrator, settled).
  • ICDR arbitration between medical device companies arising from patent license and development agreement (sole arbitrator, award issued).
  • ICDR arbitration arising from overseas investment in Las Vegas hotel development project (presiding arbitrator, award issued).
  • AAA arbitration arising from agreement to develop and market lottery products (presiding arbitrator, resolved on dispositive motion).
  • AAA arbitration involving contract, tort, and IP claims and counterclaims for over $50 million (sole arbitrator, award issued).
  • ICDR arbitration arising from $100 million Put Option in M&A deal (wing arbitrator, award issued).
  • ICC arbitration involving over $100 million in claims related to financing of solar power project (wing arbitrator, award issued).
  • Expedited ICC arbitration arising from Mobile App collaboration agreement (sole arbitrator, award issued within 6 months).
  • ICC arbitration in Hong Kong between former joint venture partners (wing arbitrator, settled).
  • KCAB arbitration regarding license to touchpad technology (sole arbitrator, award issued).
  • ICDR arbitration arising from Convertible Loan Agreement (sole arbitrator, award issued).
  • AAA arbitration involving claims for $80 million by electronic health record software company against health care provider (wing arbitrator, pending).
  • ICDR arbitration arising from agreement to design computer product (sole arbitrator, award issued).
  • AAA arbitration arising from change in Medicaid reimbursement policies of large provider of pharmaceuticals (emergency arbitrator, interim awards issued).
  • ICC arbitration arising from termination of biotech patent license (counsel, favorable award).
  • ICDR arbitration arising from patent cross-license and settlement agreement (counsel, favorable award).
  • ICDR arbitration between Korean manufacturer and former North American distributor (counsel, favorable award).
  • KCAB arbitration between U.S. and Korean telecom companies (counsel, favorable award).
  • JAMS arbitration involving apportionment of large contingent fee (counsel, favorable settlement).

Representative Litigation

  • Enforced arbitral awards from Korea and China and Australian court judgment in the Northern and Central Districts of California.
  • Patent litigation in Central District of California (persuaded patentee to withdraw all claims against client).
  • Patent litigation in Central District of Illinois (obtained summary judgment of non-infringement and award of Rule 11 sanctions).
  • Patent jury trial in Northern District of California (counsel, obtained directed verdict of invalidity).
  • Counsel in numerous other patent, copyright, and trade secret lawsuits in the federal courts and before the U.S. International Trade Commission.

Bar Admissions

  • California – 1984
  • U.S. District Court, Northern District of California
  • U.S. District Court, Central District of California
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. Supreme Court

Published Works

  • Co-Author, Agreements to Arbitrate Technology and Intellectual Property Disputes, chapter in International Commercial Arbitration Practice: 21st Century Perspectives (2021)
  • Author, California: The Next Hub for International Arbitration, KOREAN ARBITRATION REVIEW (2018)
  • Author, Korea’s “Bali Bali” Growth in International Arbitration, 15 PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL 615 (2015)
  • Author, Winning an International Arbitration: Key Points for Korean Companies, KOREAN ARBITRATION REVIEW (2013)
  • Author, East Asian Cultural Influences, Asian Leading Arbitrators’ Guide to International Arbitration (2007)

Classes/Seminars

  • Speaker, Civil v. Common Law: How They Differ and Why this Matters for International Arbitration, California International Arbitration Week (2024)
  • Moderator, Dispute Resolution in High-Tech Industry, ICC Tokyo Arbitration Day (2023)
  • Speaker, Arbitration of International Patent Disputes, California International Arbitration Week (2023)
  • Best Practices in U.S. Domestic and International Arbitration, CPR Annual Meeting (2023)
  • Pharma and Life Sciences Disputes, Schiefelbein Dispute Resolution Conference (2023)
  • Presenting an Efficient Case for Life Sciences Arbitrations, ICDR Webinar (2022)
  • Faculty, Advanced Training in Technology and IP Arbitration and Mediation (Stanford, 2023)
  • Faculty, Chartered Institute of Arbitrators, Accelerated Route to Fellow (multiple sessions)

Professional Associations and Membership

  • Panel of Arbitrators, ICDR, AAA, KCAB, CPR, WIPO, HKIAC, and BIAC
  • Fellow, College of Commercial Arbitrators
  • Chartered Institute of Arbitrators, Fellow and Former Chair of the Northern California Chapter and Member of the North American Branch Board of Directors
  • Silicon Valley Arbitration and Mediation Center, Board Member and Tech List Appointee
  • International Association of Korean Lawyers, Former Overseas President
  • Council of Korean Americans, Member

Pro-bono Activities

  • Obtained dismissal of defamation lawsuit against Korean community newspaper
  • Obtained favorable results in proceedings to expel or suspend Korean American high school and middle school students

Awards & Accolades

  • Northern California Super Lawyer, International, 2013-Present