Kathryn Clune is a partner in the firm's Intellectual Property group, where she specializes in patent and trademark 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, and consumer electronics. Kathryn also specializes in 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 United States Navy Judge Advocate General's Corps, where she gained extensive trial experience. Kathryn was also a law clerk for Chief Judge Andrew S. Effron, United States Court of Appeals for the Armed Forces.
Significant Representations
· Certain Communication Equipment, Components Thereof, and Products Containing the Same (337-TA-817): Representing respondent Avaya in a investigation related to Power over Ethernet telephones, switches, and wireless access points. Investigation is pending.
· Certain Automotive GPS Navigation Systems, Components Thereof, And Products Containing Same (337-TA-814): Representing respondent General Motors LLC in an investigation related to automobiles with in-dash GPS navigation systems.
· Components for Installations of Marine Autopilots with GPS or IMU (337-TA-738). Represented respondents FLIR Systems, Raymarine UK Ltd., and Raymarine, Inc. in an investigation related to marine autopilots with a GPS or IMU. Favorable settlement without exclusion.
· Adjustable-Height Beds and Components Thereof (337-TA-734). Represented complainant Invacare in an investigation related to adjustable hospital beds. Successfully obtained Consent Order whereby respondent agreed to the exclusion of accused products from entry into the United States.
· Arlington Industries, Inc. v. Bridgeport Fittings, Inc., Case No.: 3:01-CV-0485 (M.D. Pa.). Won jury trial on behalf of plaintiff in patent infringement action concerning electrical fittings in September 2009. The jury found in favor of Arlington on infringement, willful infringement, and breach of a settlement agreement entered into by the parties in 2004. The jury also awarded Arlington its lost profits of $ 2.8 million each for infringement and breach of contract. The case is currently on appeal.
· Arlington Industries, Inc. v. Bridgeport Fittings, Inc., 2010-1025(Fed. Cir. January 20, 2011); Case No.: 06-CV-1105 (M.D. Pa). 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, ITC Investigation No. 337-TA-665. Represented Respondent LSI, Inc. against Complainant Qimonda AG in a case concerning the alleged infringement of 5 patents involving dynamic random access memory chips. LSI obtained Final Determination of non-infringement on five patents.
· 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. International Trade Commission, 545 F.3d 1340 (Fed. Cir. 2008). Lead counsel for Sprint in an 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.
· Greenville Communications, LLC v. Verizon Wireless, C.A. 3:07-cv-04222 (D.N.J.). Represent Sprint Nextel Corp. against patent infringement allegations. Obtained an unusual procedural victory by successfully moving for a transfer of venue from plaintiff's chosen location to the District Court of New Jersey. The case is currently in discovery.
· In the Matter of Certain Laminated Floor Panels, ITC Investigation No. 337-TA-545. Represented 6 respondents amongst 32 respondents in a 337 action concerning alleged infringement of 3 patents on laminated floor covering. Lead trial counsel at two week hearing.
· Arlington Industries, Inc. v. Bridgeport Fittings, Inc., 345 F.3d 1318 (Fed. Cir.). Won appeal of jury verdict of patent infringement wherein jury awarded 37.5 % royalty rate on behalf of plaintiff patentee.
· Arlington Industries, Inc. v. Bridgeport Fittings, Inc., 290 F. Supp. 2d 508 (M.D. Pa.). Won Markman hearing and summary judgment motions, resulting in an extremely favorable settlement on eve of trial with defendant entering into consent decree and agreeing to permanent injunction against 23 products.
· In The Matter Of Certain Personal Watercraft and Components Thereof (ITC). Represented respondent in a 337 action brought by Yamaha Motor Company, Ltd. et al. Concerning alleged infringement of 11 patents on personal watercraft. 8 patents invalidated by motions of summary judgment. Settlement without exclusion.
· Carlson et al. v. Islamic Republic of Iran, 201 F. Supp. 2d 78 (D. D.C.). 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
Affiliations
American Intellectual Property Law Association, American Bar Association
Publications
· "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.
Alerts & Newsletters
· "The ITC Can Play A Critical Role In Combating International Trade Secret Theft," Trade Secrets Alert (December 8, 2011). Contacts: Mark A. Klapow, Kathryn L. Clune.