Kathryn ("Katie") Clune is a trial attorney with 25+ years of experience in the firm's Intellectual Property Group and Litigation and Trial Department. Katie focuses on patent, trademark and trade secrets litigation. Katie recently won a Preliminary Injunction and Temporary Restraining Order against the Government in the Court of International Trade, preventing USTR and Customs from reinstating a 25% tariff on imported solar panels on behalf of three renewable energy clients. Just last year, Katie won a jury trial for Siemens Mobility, where all 8 patents were found valid and infringed. The jury awarded $6.8 million, which was later increased to $14.2 million. And in a related case, Katie also defeated a motion for a preliminary injunction filed by Westinghouse against Siemens Mobility.
Katie represents companies in IP and trade disputes from the pre-suit investigation through the Markman, trial and appeal. Katie represents clients from a variety of industries, including consumer electronics, mobile applications, medical devices, automotive, railroad and electrical fittings. Katie also focuses on litigating "Section 337" cases at the U.S. International Trade Commission. Katie'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.
Katie 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, Katie served in the U.S. Navy Judge Advocate General's Corps, where she gained extensive trial and appellate experience. Katie was also a law clerk for Chief Judge Andrew S. Effron, U.S. Court of Appeals for the Armed Forces.
Significant Representations
United States Court of International Trade
- Invenergy Renewables LLC, et al. v. U.S. Office of the United States Trade Representative, U.S. Customs and Border Protection, et al., (U.S.C.I.T. 2019): Won Preliminary Injunction and Temporary Restraining Order against the Government in the Court of International Trade, preventing USTR and Customs from reinstating a 25% tariff on imported solar panels. Presented oral argument and only witness at PI Hearing.
Section 337 Investigations
- Certain Carburetors (337-TA-1123): Represented MTD Products in a Section 337 Investigation involving hand-held outdoor equipment. Obtained early termination after Complainant stipulated that client’s currently imported products did not infringe asserted patents.
- Certain RF Microneedles (337-TA-1112): Represented Lumenis Ltd. & Pollogen Ltd. in a Section 337 Investigation and parallel litigation regarding radio frequency skin treatment devices. Lead trial attorney at hearing where ALJ tentatively ruled the asserted patent was invalid. Entered favorable settlement with no exclusion after hearing.
- Certain Vehicular Smart Watch Systems, Related Software (337-TA----): Represented General Motors Company and OnStar in multi-forum litigation involving a smart watch-based mobile app for controlling vehicle security and diagnostics functions. Launching an aggressive counter-offensive against the plaintiff and its principal, we forced the plaintiff to drop its complaints in both the district court and the ITC, pre-institution.
- Certain Sulfentrazone, Sulfentrazone Compositions (337-TA-914): Represented DuPont in hotly contested third-party discovery dispute, limiting testimony to only public information regarding DuPont's products.
- Certain Non-Volatile Memory Devices (337-TA-909): Represented General Motors as a third party presenting public interest testimony at deposition and at the hearing. Parties settled shortly after hearing.
- 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.
- Certain Automotive GPS Navigation Sys. (337-TA-814): Represented respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems. Won dismissal of GM and termination of the investigation after six months, with no exclusion.
- Certain Polyimide Films (337-TA-772): Represented DuPont in hotly contested third-party discovery dispute, successfully quashing a third-party subpoena for deposition and presenting very limited trial testimony.
- Certain Adjustable-Height Beds (337-TA-734): Represented complainant Invacare in an investigation related to adjustable hospital beds, resulting in Consent Order excluding accused products from entry into the U.S.
- Certain Semiconductor Integrated Circuits (337-TA-665): Represented respondent LSI, Inc. against complainant Qimonda AG, obtaining Final Determination of non-infringement on five patents and defeating 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. Lead counsel during the remedy phase, the Presidential Review Period, before Customs, and during the Enforcement Action.
- Certain Laminated Floor Panels (337-TA-545): Represented 6 of 32 respondents in investigation. Lead counsel at two week hearing, resulting in a finding of Initial Determination of invalidity of broadest patent.
District Court and Military Trial Experience
- Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies, (D. Del. 2016-present): Won jury trial in favor of Siemens involving Siemens’ patented Positive Train Control Technology. Final Judgment was entered affirming the jury verdict and awarding Siemens $14.2 million in damages.
- The Regents of the University of California v. Boston Scientific Corp., St. Jude Medical, & Atricure, (N.D. Cal. 2016-2018): Represented The Regents of the University of California against three medical device manufacturers in three patent litigations involving patented methodology and cardiac ablation devices to treat atrial fibrillation. After two years of litigation, the parties all reached an amicable settlement.
- 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 mobile application “JSwipe,” resulting in a favorable settlement and acquisition of Smooch Labs, owner of JSwipe.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc.(M.D. Pa. 2013): Won contempt trial on behalf of patentee, proving the competitor's "re-designed products" were within scope of previously issued injunction. The court enjoined the re-designed products for five years, awarded lost profits for all sales and attorney fees.
- Greenville Communications, LLC v. Verizon Wireless (D.N.J. 2012): Won non-infringement judgment of all Sprint's "call-tone" services after successful Markman decision.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc, (M.D. Pa. 2009): Won jury verdict of willful patent infringement, breach of contract, and lost profits.
- 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.
Appellate Experience
- Bridgeport Fittings, Inc. v. Arlington Industries, Inc., No. 2015-1616, -1617 (Fed. Cir. 2016): Argued and won consolidated appeals affirming the validity of two patents from inter partes reexaminations.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc., No. 2014-1633 (Fed. Cir. 2015): Argued and won affirmance of the district court's claim construction, colorable imitation and infringement findings, and sanctions award of lost profits, attorney fees and expenses.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc., No. 2013-1357 (Fed. Cir. 2014) (opinion, 759 F.3d 1333) Argued and won dismissal of an untimely interlocutory appeal.
- Greenville Communications, LLC v. Verizon Wireless, No. 2012-1676 (Fed. Cir. 2013): Won affirmance of non-infringement judgment on appeal.
- Arlington Industries, Inc. v. Bridgeport Fittings, Inc., No. 2010-1025 (Fed. Cir. 2011) (opinion, 632 F.3d 1246): Argued and won reversal of summary judgment of non-infringement of two patents.
- Kyocera Wireless et al., v. Int'l Trade Comm'n, No. 2007-1493, (Fed. Cir. 2008) (opinion, 545 F.3d 1340): Won reversal of ITC exclusion order in landmark decision holding the ITC lacked authority to issue limited exclusion orders banning imports of companies not named as respondents in the investigation.
- United States Court of Appeals for the Armed Forces and the Navy & Marine Corps Appellate Court: As a Navy Lieutenant represented several hundred Sailors and Marines in felony appeals before both courts.
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
- Top “50 under 45" attorneys in IP Law & Business in May 2008.
- 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
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 International Trade, the U.S. Court of Appeals for the Armed Forces, U.S. Court of Federal Claims, American Intellectual Property Law Association, American Bar Association; NYS Bar Association; Women in IP
Highlights, News & Knowledge
Speeches & Presentations
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"IP Licensing, Litigation and Strategy," The 2015 Duff & Phelps IP Value Summit, Half Moon Bay, CA
(December 3, 2015).
Presenter: Kathryn L. Clune.
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"Inter Partes Review: Views from the Trenches," IP Law & Management Institute Conference 2013, San Diego, CA
(November 3-5, 2013).
Presenters: Jeffrey D. Sanok and Kathryn L. Clune.
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"Trade Secret Proceedings at the ITC: Recent Developments Post-TianRui," DuPont & Widener IP CLE, Wilmington, DE
(October 1, 2013).
Presenters: Kathryn L. Clune and Jacob Z. Zambrzycki.
Publications
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"Recovery Claims: A New Source Of University Funding," Law360
(May 11, 2016).
Authors: Laurel Pyke Malson, Daniel A. Sasse, Chiemi Suzuki, and Kathryn L. Clune.
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"Beware of a Broad Arbitration Clause," Crowell & Moring's Trade Secrets Trends
(February 16, 2016).
Authors: Kathryn L. Clune and Brendan Sepulveda.
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"ITC Excludes Chinese Company for 10-Years for Trade Secrets Misappropriation," Crowell & Moring's Trade Secrets Trends
(June 5, 2015).
Authors: Kathryn L. Clune, Mark A. Klapow, and Frances P. Hadfield.
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"Litigation Forecast 2013: What Corporate Counsel Need to Know for the Coming Year," Crowell & Moring LLP publication
(January 2013).
Contributor.
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"The ITC Can Play a Critical Role in Combating International Trade Secret Theft," Intellectual Property Today
(January 20, 2012).
Co-Authors: Mark A. Klapow, Kathryn L. Clune, and Jessica Thompson.
Client Alerts & Newsletters
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"Trade Secret Misappropriation and More: ITC Bars Importation of a Foreign Producer’s Stainless Steel Products for 16 Years,"
Trade Secrets Alert
(June 17, 2016).
Contacts: Mark A. Klapow, Kathryn L. Clune, Jay DeSanto
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"Supreme Court Appears Poised to Topple 'Rigid' Willful Infringement Test,"
IP Insights
(February 25, 2016).
Contacts: Mark Supko, Vincent J. Galluzzo, Kathryn L. Clune
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"Federal Circuit Denies Rehearing En Banc, Letting Stand Apple’s Permanent Injunction Against Samsung,"
Intellectual Property Bullet Analyses
(December 17, 2015).
Contacts: Kathryn L. Clune, Ali Tehrani
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"This Month in International Trade - May 2015,"
International Trade Bulletin
(June 4, 2015).
Contacts: John B. Brew, Frances P. Hadfield, Edward Goetz, Kathryn L. Clune, Alan W. H. Gourley, Mark A. Klapow, Alexander H. Schaefer, David (Dj) Wolff, Aaron Marx, Maria Alejandra (Jana) del-Cerro
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"Design Patents Win Big in Apple v. Samsung,"
IP Insights
(June 1, 2015).
Contacts: Kathryn L. Clune, Lisa A. Adelson
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"Belief of Invalidity Is Not a Defense to Induced Infringement,"
Intellectual Property Bullet Analyses
(May 27, 2015).
Contacts: Kathryn L. Clune, Mark A. Klapow, Ali Tehrani
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"Supreme Court Overturns Federal Circuit’s De Novo Standard of Review for Patent Claim Construction Rulings,"
(January 23, 2015).
Contact: Kathryn L. Clune
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"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
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"Obama Administration Vetoes ITC Ban on iPhones and iPads,"
IP Insights
(August 6, 2013).
Contacts: Kathryn L. Clune, Mark A. Klapow
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"ITC Rules for Samsung; Bans Imports and Sales of Older Models of Apple's iPhone and iPad,"
IP Insights
(June 6, 2013).
Contact: Kathryn L. Clune
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"Federal Circuit Clarifies the ITC's Domestic Industry Requirement for Licensing Activities, Opening Door for More NPE Filings,"
IP Insights
(January 16, 2013).
Contacts: Kathryn L. Clune, Jacob Z. Zambrzycki
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"ITC Publishes Proposed Rules to Limit E-Discovery and Address Privilege Issues,"
Electronic Discovery & Information Management Alert
(October 11, 2012).
Contacts: Jeane A. Thomas, CIPP/E, Kathryn L. Clune
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"This Month In International Trade - July 2012,"
International Trade Bulletin
(August 10, 2012).
Contacts: John B. Brew, Kathryn L. Clune, Ian A. Laird, Elena Klonitskaya, David (Dj) Wolff
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"ITC Proposes Comprehensive Changes to its Rules of Practice and Procedure,"
IP Insights
(July 18, 2012).
Contact: Kathryn L. Clune
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"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
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"Federal Circuit Rejects Common Sense Approach to Obviousness,"
IP Insights
(June 11, 2012).
Contact: Kathryn L. Clune
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"The ITC Can Play A Critical Role In Combating International Trade Secret Theft,"
IP Insights
(December 8, 2011).
Contacts: Mark A. Klapow, Kathryn L. Clune
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