Kathryn Clune is vice-chair of the firm's Intellectual Property Group and a member of the firm's Litigation and Trial Department, which was recently named Litigation Department of the Year by Washington Legal Times for general civil litigation. Kathryn focuses on patent, trademark 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.
- Greenville Communications, LLC v. Verizon Wireless (D.N.J. 2012) (Fed. Cir. 2013): Won judgment of non-infringement for Sprint Nextel. Non-Infringement Judgment was affirmed on appeal.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (M.D. Pa. 2013): Won contempt hearing on behalf of patentee in patent infringement action concerning electrical fittings. The court enjoined the competitors' new products, and awarded Arlington lost profits and attorney fees.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (M.D. Pa. 2009) (Fed. Cir. 2012): Won jury trial on behalf of plaintiff in patent infringement and breach of contract action concerning electrical fittings in September 2009. The judgment was affirmed on appeal two days after argument.
- 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. Settled favorably.
- Adjustable-Height Beds (337-TA-734): Represented complainant Invacare in an investigation related to adjustable hospital beds. Shortly before the hearing, the Respondents agreed to the exclusion of accused products from entry into the U.S.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc.,632 F.3d 1246 (Fed. Cir. 2011): Argued and 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. Int'l Trade Comm'n, 545 F.3d 1340 (Fed. Cir. 2008): Lead counsel for Sprint in landmark 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, 201 F. Supp.2d 78 (D.D.C. 2002): 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
Admitted to practice: District of Columbia, New York, U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Appeals for the Armed Forces, U.S. Court of Federal Claims, American Intellectual Property Law Association, American Bar Association
Speeches & Presentations
Client Alerts & Newsletters
"This Month in International Trade - May 2015,"
International Trade Bulletin
(June 4, 2015).
Contacts: John B. Brew, Frances P. Hadfield, Edward Goetz, Cari N. Stinebower, Dr. Salomé Cisnal de Ugarte, Grégoire Ryelandt, Kathryn L. Clune, Alan W. H. Gourley, Mark A. Klapow, Alexander H. Schaefer, David (Dj) Wolff, Jini Koh, Lindsay Denault, Aaron Marx, Maria Alejandra (Jana) del-Cerro.
"Design Patents Win Big in Apple v. Samsung,"
(June 1, 2015).
Contacts: Kathryn L. Clune, Lisa A. Adelson.
"Belief of Invalidity Is Not a Defense to Induced Infringement,"
Intellectual Property Bullet Analyses
(May 27, 2015).
Contacts: Kathryn L. Clune, Mark A. Klapow, Brian M. Koide, Ali Tehrani.
"Supreme Court Overturns Federal Circuit’s De Novo Standard of Review for Patent Claim Construction Rulings,"
(January 23, 2015).
Contacts: Kathryn L. Clune, Brian M. Koide, Sean E. Jackson.
"FTC Invokes "Deception" Authority Under Section 5 to Try to Curb "Patent Troll" Behavior,"
Antitrust Law Alert
(November 12, 2014).
Contacts: Robert A. Lipstein, Mark A. Klapow, Kathryn L. Clune, Robert B. McNary, Christie L. Stahlke.
"Obama Administration Vetoes ITC Ban on iPhones and iPads,"
(August 6, 2013).
Contacts: Kathryn L. Clune, Mark A. Klapow.
"ITC Rules for Samsung; Bans Imports and Sales of Older Models of Apple's iPhone and iPad,"
(June 6, 2013).
Contact: Kathryn L. Clune.
"Federal Circuit Clarifies the ITC's Domestic Industry Requirement for Licensing Activities, Opening Door for More NPE Filings,"
(January 16, 2013).
Contacts: Kathryn L. Clune, Jacob Z. Zambrzycki.
"ITC Publishes Proposed Rules to Limit E-Discovery and Address Privilege Issues,"
Electronic Discovery & Information Management Alert
(October 11, 2012).
Contacts: Jeane A. Thomas, Kathryn L. Clune, Mark T. Jansen.
"This Month In International Trade - July 2012,"
International Trade Bulletin
(August 10, 2012).
Contacts: John B. Brew, Kathryn L. Clune, Cari N. Stinebower, Ian A. Laird, Jini Koh, James (J.J.) Saulino, David (Dj) Wolff.
"ITC Proposes Comprehensive Changes to its Rules of Practice and Procedure,"
(July 18, 2012).
Contact: Kathryn L. Clune.
"FTC Urges ITC to Deny Exclusion Orders for RAND-Encumbered Standard Essential Patent Holders,"
Antitrust Law Alert
(June 15, 2012).
Contacts: Mark A. Klapow, Kathryn L. Clune, Robert A. Lipstein.
"Federal Circuit Rejects Common Sense Approach to Obviousness,"
(June 11, 2012).
Contact: Kathryn L. Clune.
"The ITC Can Play A Critical Role In Combating International Trade Secret Theft,"
(December 8, 2011).
Contacts: Mark A. Klapow, Kathryn L. Clune.
In the News
Fed. Cir. Won't Hear Appeal of Infringer's Injunction Contempt Until Sanctions Set
July 17, 2014 — BNA
This article covers the case Arlington Industries, Inc. v. Bridgeport Fittings Inc., and notes "the key holding in the case is that Bridgeport Fittings appealed too soon after it was found in contempt of an injunction for patent infringement." Of particular note regarding the outcome of this matter, BNA reports that "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.
Fed. Circ. Axes Bridgeport Contempt Appeal Over Cable Patent
July 17, 2014 — Intellectual Property Law360
Law360 reports that "the Federal Circuit dismissed an appeal from Bridgeport Fittings Inc. over a lower court's finding that it had violated a settlement related to an electrical cable patent, ruling that the court did not have jurisdiction because the agreement hadn’t been modified. The three-judge appeals panel held that a lower court had merely interpreted, rather than modified, a 2004 agreement barring 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.
Seagate, LSI Trump Qimonda In ITC Chip Patent Spat
February 1, 2010 — Intellectual Property Law360
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.
IP Law360: C&M IP Group Snags Jury Verdict of Willful Infringement in Bridgeport Patent Suit
October 8, 2009 — IP Law 360
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.
Katie Clune Recognized in IP Law & Business "Top IP People Under 45" List
May 9, 2008 — IP Law & Business
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.
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