[People] Engineer wins patent case against Samsung

Electronics giant must pay damages for use of technology

Cho Kwan-hyun, a 36-year-old engineer, has garnered a lot of attention in South Korea for doing the seemingly impossible: winning a patent lawsuit against Samsung Electronics Co. Mr. Cho had sought damages from the nation’s largest conglomerate for violation of his patents on a character-input method used in mobile phones. Samsung Electronics has filed an appeal to yesterday’s decision to a higher court.

Mr. Cho sought about 90 billion won (90 million USD). However, Samsung had said that even if the court ruled in favor of Cho, the damages would more likely be around 2 billion won.

"The compensation I have sought was calculated based on a price of 3,000 won per Samsung mobile phone carrying my letter-inputting method," Mr. Cho said. "The amount depends on what standards of measurement you might use. However, the main purpose of the suit is not money."

Some called the court fight no less than a David-and-Goliath battle. Even finding legal representation proved difficult for Mr. Cho, as no one wanted to come face-to-face with Samsung.

Asked what led him to continue his five-year legal battle, Mr. Cho said, "I continue because I want to recover a fair share of my rights."

Some said Mr. Cho’s standoff with Samsung was just a ploy to get money.

"I have seen many cases where patent rights held by small and medium enterprises end up in the hands of larger companies. I hope my case will help protect the rights of inventors like me," Mr. Cho countered. He said that in an environment where patents are not given enough protection, it is hard to encourage people to develop new technologies and products.

The legal battle started in 1998 when Mr. Cho and Samsung Electronics engaged in negotiations on the use of his patented technology. Suddenly, Samsung withdrew from the talks, saying that it had its own patents on similar technology.

He said that Samsung Electronics must have copied his method, seeking damages for violation of his patent rights. But he lost his initial case. Both sides then filed a suit to nullify each other’s patent rights. In May, Mr. Cho’s rights to the patents were finally recognized.

"Even though Cho won the case, it does not mean necessarily that we have to give up all our rights," Samsung said. Samsung said it could hold on to its rights "by adjusting some of our patents."