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Chris Hong is an Associate with Baker Botts, where he focuses his practice primarily on high-tech patent litigation. He has litigated cases before U.S. District Courts, the International Trade Commission (ITC), and the Patent Trial & Appeal Board (PTAB). He has experience litigating QLED display, dynamic data encryption, artificial eyelash product, and toner cartridges.
Chris also works on a range of other intellectual property matters, including patent prosecution and client counseling. He has substantial experience in patent prosecution for various domestic and foreign clients, ranging from Fortune 100 companies to individual inventors. In particular, Chris has drafted and prosecuted numerous patent applications for a variety of cutting-edge technologies such as semiconductor devices, optical systems, wireless networking, hybrid technologies, autonomous vehicles, web-based social network systems, and artificial intelligence technologies. He also conducted patentability analysis regarding new inventions, infringement and non-infringement analyses, freedom-to-operate analyses, and patent landscape analysis. He is fluent in Japanese and Korean.
Can a U.S. patent be invalidated due to an inaccurate translation of the non-English priority patent application? The answer is most definitely “Yes.” This article examines the recent Federal Circuit decision in which this occurred, IBSA Institut Biochimique, S.A. v. Teva Pharm. USA, Inc., 966 F.3d 1374 (Fed. Cir. 2020), and discusses the procedural framework on how to prevent and correct such a problem.