Kathryn L. Clune is a first-chair trial lawyer specializing in patent, trademark, and trade secrets litigation in district courts and in Section 337 matters before the International Trade Commission, where she has had significant success in both affirmative and defensive cases. Clients repeatedly rely on Katie’s strategic thinking, hard work, and extensive knowledge to obtain the best result for their business.
Katie’s 25+ years of trial experience have been nationally recognized by Chambers USA 2022. She was also recognized by Patexia as a “most active” and “best performing” ITC practitioner, and Crowell & Moring’s ITC 337 Practice Group was ranked among the top 20 firms practicing before the Commission for the past six years. Crowell’s International Trade Group was also selected as Law360’s “2021 International Trade Group of the Year,” based in part on Katie’s recent ITC and Court of International Trade successes. Legal 500 recognized the ITC 337 Practice Group as a “Firm to Watch.” Her patent litigation experience in the ITC, district courts, and Federal Circuit also led her to being featured as one of the “Top 50 under 45” attorneys in IP Law & Business.
Katie represents companies in intellectual property and trade disputes in a variety of industries, including polymers, solar, consumer electronics, automotive, railroad, and electrical fittings. She has been involved in all stages of IP litigation, from presuit investigations through trial and appeal. Katie has successfully litigated patent infringement cases in federal district courts across the country, including the Eastern District of Texas, Eastern District of Virginia, and District of Delaware, and before the ITC. Katie is also a seasoned appellate advocate before the United States Court of Appeals for the Federal Circuit, where she won eight of her nine patent appeals.
Prior to joining Crowell, Katie served in the U.S. Navy Judge Advocate General’s Corps, where she gained extensive trial and appellate experience and reached the rank of lieutenant commander in the U.S. Navy Reserve. Immediately after her naval service, Katie served as the law clerk for Chief Judge Andrew S. Effron of the U.S. Court of Appeals for the Armed Forces.
Katie co-leads the firm’s ITC 337 Litigation Practice.
Recognition
- Patexia: ITC Intelligence Guide, Top 50 Best Performing Lawyers overall, Top 30 Best Performing Lawyers for respondents, 2021
- New York City Trial Lawyers Association: Best Trial Advocate
- NY State Bar Association, Committee on Legal Education & Admission to the Bar: Best Paper
- IP Law & Business: Top 50 Under 45, 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
Professional Activities and Memberships
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American Intellectual Property Law Association
- American Bar Association
- NYS Bar Association
- Women in IP
Representative Matters
United States Court of International Trade
Section 337 Investigations
- Certain Synthetic Roofing Underlayment Products (337-TA-1202): Represented DuPont in a Section 337 Investigation related to synthetic roof underlayment products. Based on successful Markman Order on a dispositive claim term, patentee terminated the entire case, resulting in total victory for DuPont.
- Certain Carburetors (337-TA-1123): Represented MTD Products in a Section 337 Investigation involving hand-held outdoor equipment. Won 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 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, as well as at the Federal Circuit, obtaining a stay pending appeal and full reversal of ITC’s exclusion order.
- 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.
Insights
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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"Court of International Trade Denies Expansion of Bifacial Solar Panel Tariffs," Crowell & Moring’s International Trade Law
(November 17, 2021).
Authors: John B. Brew, Larry F. Eisenstat, Amanda Shafer Berman, Kathryn L. Clune, Robert L. LaFrankie, Jacob Z. Zambrzycki, Frances P. Hadfield, Alex Rosen and Brian McGrath.
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"ALJ’s Initial Determination Implicates Scope Of Territorial Jurisdiction And Trade Secret Protections Against Unfair Imports," IP Litigator
(November/December 2020).
Authors: Kathryn L. Clune, Joshua Pond, Vincent J. Galluzzo, and Kayvan M. Ghaffari.
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"7 Ways COVID-19 Product Makers Can Mitigate IP Infringement," Law360
(April 7, 2020).
Authors: Mark Supko, Kathryn L. Clune, Brian Paul Gearing, Ph.D, John E. McCarthy, Jr. and Nicole Owren-Wiest.
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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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"EU Challenges China’s Anti-Suit Injunctions at the WTO,"
Intellectual Property Bullet Analyses
(December 20, 2022).
Contacts: Kathryn L. Clune, Marcia Pulcherio
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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, 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).
Contact: Kathryn L. Clune
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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
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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).
Contact: Kathryn L. Clune
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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, 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
Press Coverage
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International Trade Group Of The Year: Crowell & Moring
January 24, 2022 — Law360
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Patexia Insight 110: Leading ITC Law Firms of 2021
July 1, 2021 — Patexia
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Trade Court Keeps Solar Tariff Expansion Challenge Alive
May 27, 2020 — Law360
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Siemens Train Control Patent Award Boosted To $14.2M
August 19, 2019 — Law360
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Arlington Wins $1.4M in Fees in Patent Row with Bridgeport
June 28, 2016 — Law360
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Fed. Cir. Won't Hear Appeal of Infringer's Injunction Contempt Until Sanctions Set
July 17, 2014 — BNA
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Fed. Circ. Axes Bridgeport Contempt Appeal Over Cable Patent
July 17, 2014 — Law360
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Seagate, LSI Trump Qimonda In ITC Chip Patent Spat
February 1, 2010 — Intellectual Property Law360
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IP Law360: C&M IP Group Snags Jury Verdict of Willful Infringement in Bridgeport Patent Suit
October 8, 2009 — IP Law 360
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Katie Clune Recognized in IP Law & Business "Top IP People Under 45" List
May 9, 2008 — IP Law & Business
Firm News & Announcements