Insights

"The Federal Circuit doesn't have jurisdiction over contempt orders until sanctions are entered; Bosch applies to infringement cases only." Washington D.C. -based, Intellectual Property Group partner Kathryn L. Clune represented Arlington Industries in the case.

The Federal Circuit dismissed an appeal from Bridgeport Fittings Inc. over a lower court's finding of contempt before sanctions had been awarded for lack of jurisdiction as the lower court had merely interpreted, rather than modified, a 2004 agreement enjoining Bridgeport from producing electrical connectors that allegedly infringed on Arlington Industries Inc. when it entered a contempt order against the company in 2013. The case is Arlington Industries, Inc. v. Bridgeport Fittings Inc. Washington D.C. -based, Intellectual Property Group partner Kathryn L. Clune represented Arlington Industries in the matter.

Earlier this year, the U.S. International Trade Commission determined that semiconductor integrated circuit chips imported by Seagate Technology LLC and Crowell & Moring client LSI Corp. do not infringe three Qimonda AG patents. The firm’s representation of LSI Corp. is featured in a Intellectual Property Law360 article highlighting the win. The ITC on January 28, 2010 decided to terminate its investigation with a finding of no violation, ending its review of a final initial determination by an administrative law judge that had found the companies did not violate Section 337 of the Tariff Act of 1930. Crowell & Moring’s team was led by Intellectual Property Group partner Kathryn L. Clune.

On September 25, 2009, after a two week jury trial in the Middle District of Pennsylvania (Harrisburg Division), an eight person jury unanimously found in favor of Arlington Industries, Inc. against Bridgeport Fitting, Inc., in a complex patent infringement case. The decision found Bridgeport infringed Arlington's patent (for the second time), that the infringement was willful, and that the products were colorable imitations of previously enjoined products, constituting a breach of the Settlement Agreement entered into by the parties in 2004. The defendant had also submitted to an injunction in 2004, which covered colorable imitations of the enjoined products. The jury awarded Arlington its entire lost profits demand for both infringement and breach of contract. The trial team included attorneys from three law firms representing Arlington Industries and Crowell & Moring’s Intellectual Property Group trial team included partner Kathryn L. Clune and associate Lucy Grace Noyola.

Crowell & Moring Intellectual Property Group partner Kathryn L. Clune is featured for making the "Top IP People Under 45" list in the May 2008 issue of IP Law & Business.