Kathryn Clune is a vice-chair of the firm's Intellectual Property Group, where she focuses on patent and trade secrets litigation. Kathryn represents companies from the pre-suit investigation through the Markman, trial and appeal. Kathryn represents clients from a variety of industries, including telecommunications, digital imaging, electrical fittings, chemicals and consumer electronics. Kathryn also focuses on litigating "Section 337" cases at the U.S. International Trade Commission. Kathryn's patent litigation experience led her to being featured as one of the "Top 50 under 45" attorneys in IP Law & Business in May 2008.
Kathryn is also a seasoned appellate advocate, having argued numerous cases in federal appellate courts, including the United States Court of Appeals for the Federal Circuit. Prior to joining Crowell & Moring, Kathryn served as a lieutenant commander in the U.S. Navy Judge Advocate General's Corps, where she gained extensive trial experience. Kathryn was also a law clerk for Chief Judge Andrew S. Effron, U.S. Court of Appeals for the Armed Forces.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (M.D. Pa.): Won contempt hearing on behalf of plaintiff in patent infringement action concerning electrical fittings. After a bench trial, the judge found that Arlington’s competitor was in contempt of a 2004 injunction by manufacturing electrical connectors that were "colorable imitations" of the previously enjoined products. The court enjoined the new products, and awarded Arlington lost profits and attorney fees. Arlington’s competitor removed their products from the market the same day the order issued.
- Greenville Communications, LLC v. Verizon Wireless (D.N.J.): Won judgment of non-infringement for Sprint Nextel. Case is currently on appeal.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (M.D. Pa.) (Fed. Cir. 2012): Won jury trial on behalf of plaintiff in patent infringement action concerning electrical fittings in September 2009. The jury found in favor of Arlington on infringement, willful infringement, and breach of a settlement agreement entered into by the parties in 2004. The jury also awarded Arlington its lost profits. The case was recently affirmed on appeal.
- Certain Automotive GPS Navigation Systems, Components Thereof (337-TA-814): Represented respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems. We successfully pressured the Complainant to terminate the investigation after six months of discovery.
- Certain Communication Equipment (337-TA-817): Represented respondent Avaya in an investigation related to Power over Ethernet (PoE) features in telephones, switches, and wireless access points. Also represented Avaya in a parallel action before the U.S. District Court for the District of Delaware. Settled favorably.
- Adjustable-Height Beds (337-TA-734): Represented complainant Invacare in an investigation related to adjustable hospital beds. Successfully obtained Consent Order whereby respondent agreed to the exclusion of accused products from entry into the U.S.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (Fed. Cir. 2011): Won appeal on behalf of patentee obtaining the reversal of summary judgments of non-infringement on two patents based on district court's improper claim construction.
- Semiconductor Integrated Circuits (337-TA-665): Represented Respondent LSI, Inc. against Complainant Qimonda AG in a case concerning the alleged infringement of 5 patents involving semiconductor integrated circuits. LSI obtained Final Determination of non-infringement on five patents and defeated the complainant's claim of domestic industry.
- Baseband Processor Chips and Chipsets (337-TA-543): Represented Intervenor Sprint Nextel Corp. in an investigation brought by Broadcom against QUALCOMM related to baseband processor chips used in wireless handsets before Judge Bullock. Lead counsel during the remedy phase, the Presidential Review Period, before IPR at Customs, and during the Enforcement Action.
- Kyocera Wireless Corp. et al., v. International Trade Commission (Fed. Cir. 2008): Lead counsel for Sprint in an appeal of the limited exclusion order issued in the 543 Investigation. Obtained a stay of the LEO pending appeal and convinced the Federal Circuit that the statute governing the ITC, 19 U.S.C. § 1337, did not allow limited exclusion orders to reach beyond the parties actually named as respondents.
- In the Matter of Certain Laminated Floor Panels (337-TA-545): Represented 6 of 32 respondents in a 337 action concerning alleged infringement of 3 patents on laminated floor covering. Lead trial counsel at two week hearing.
- Carlson et al. v. Islamic Republic of Iran (D. D.C.): Obtained $7.8 million verdict in compensatory damages and $300 million in punitive damages on behalf of 10 former military members and spouses in suit against Iran under Anti-Terrorism Act for damages resulting from the 1985 Hijacking of TWA Flight 847.
- As a Navy Lieutenant, successfully defended a Marine Aviator in an internationally publicized General Court-Martial. The client was charged with 20 counts of Involuntary Manslaughter arising from an aviation accident with a gondola cable in Northern Italy.
In The News
Kathryn was featured for making the "Top IP People Under 45" list in the May 2008 issue of IP Law & Business.
Awards & Recognition
- Best Trial Advocate: New York City Trial Lawyers Association
- Best Paper: NY State Bar Association, Committee on Legal Education & Admission to the Bar
- Navy & Marine Corps Commendation Medal
- Navy & Marine Corps Achievement Medal with Gold Star
- National Defense Service Medal
- Navy & Marine Corps Overseas Service Ribbon with Gold Star
- NATO Medal