Kathryn L. Clune, Partner Washington, D.C.
kclune@crowell.com
Phone: +1 202.624.2705
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

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.

Significant Representations  

Federal Circuit/District Court

  • Arlington Industries, Inc. v. Bridgeport Fittings, Inc.(Fed Cir 2015; 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.  Judgment was affirmed on appeal.  An additional fees petition is pending.
  • Spark Networks USA, LLC v. Smooch Labs, Inc., (S.D.N.Y. 2015): Represented plaintiff (owner of JDate) in a hotly contested patent and trademark infringement action against the smartphone application JSwipe resulting in a favorable settlement and acquisition of Smooch Labs, owner of JSwipe.
  • Arlington Industries, Inc. v. Bridgeport Fittings, Inc.(Fed. Cir. 2012; M.D. Pa. 2009): 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.
  • 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.

Section 337 Investigations

  • Certain Vehicular Smart Watch Systems, Related Software, Components Thereof, and Products Containing the Same  (337-TA-3093): Defended General Motors Company and OnStar in multi-forum litigation resulting in complainant’s swift voluntary withdrawal of allegations pre-institution.
  • Certain Sulfentrazone, Sulfentmzone Compositions, and Processes for Making Sulfentrazane(337-TA-914):  Represented DuPont in successfully quashing a third-party subpoena for deposition and presenting a witness at trial. 
  • Certain Non-Volatile Memory Devices and Products Containing Same(337-TA-909):  Represented General Motors as a third party and presented a witness for deposition and trial. 
  • CertainCommunicationEquipment(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.
  • CertainAutomotiveGPSNavigationSystems,ComponentsThereof(337-TA-814):Represented respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems, successfully opposing complainant’s attempt to serve its amended complaint out of time, resulting in the termination of the investigation after six months, eliminating the threat of an exclusion order against all vehicles equipped with in-dash navigation systems. 
  • Certain Polyimide Films, Products Containing Same, and Related Methods(337-TA-772):  Represented DuPont in filing a motion to quash a third-party subpoena and successfully limiting a hotly contested third-party deposition involving DuPont trade secrets to limited trial testimony involving only public information regarding DuPont’s products. 
  • 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.
  • 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.
  • KyoceraWirelessCorp.etal.,v.Int'lTradeComm'n,545F.3d1340(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.
  • IntheMatterofCertainLaminatedFloorPanels(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.


Affiliations

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



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Firm News & Announcements

Jan.29.2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
May.27.2008 IP Law & Business Selects Kathryn L. Clune As "Top 50 Under 45" Intellectual Property Lawyer
Mar.01.2007 Crowell & Moring’s Intellectual Property Litigation Team Gains Experienced Trial Lawyer
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