Professional Experience
As a member of the firm's seven-person Management Committee, Principal Katherine Kelly Lutton manages the country's largest Intellectual Property firm. Ms. Lutton also serves as the firm's Global Head of Litigation, which includes the firm's patent litigation practice (US and European)(the largest patent litigation practice in the U.S.); ITC litigation practice (the most prolific ITC practice in the U.S.); IP litigation practice; complex commercial litigation practice; white collar, government and securities litigation practice; labor and employment practice and appellate practice. In her litigation role, she manages the firm's largest practice group of 270 lawyers in 12 offices worldwide. Ms. Lutton is committed to maintaining Fish & Richardson's position as one of the top patent litigation firms in the world. She also oversees Fish's commercial litigation group, which currently tries some of the most high profile cases in the country. The commercial group represents clients from Sprint to the Dallas Mavericks and has represented clients in some of the highest-stakes litigation in the country, in such cases as the WorldCom and Enron Securities lawsuits, and the pending 9/11 Litigation.

For her practice, Ms. Lutton leads and tries high-profile, high-stakes, and high-tech patent litigation in a myriad of technologies, including semiconductor technology, telecommunications, circuits and systems, computer technology, software, and Internet applications. She advises clients ranging from Fortune 100 companies to start-ups on their portfolios, patent protection, patent enforcement, patent defensive efforts, patent prosecution, and other intellectual property matters. Ms. Lutton works closely with clients to devise inventive ways of achieving optimal success. Inside and outside of the courtroom, Ms. Lutton is often called upon as an expert on case strategy and hot topics in the law.

Ms. Lutton has received numerous accolades for her work, most recently being listed as one California's Top 100 Lawyers of 2008 by the Daily Journal, and listed on the Daily Journal's list of 50 Leading IP Litigators in California (2008). Ms. Lutton was also recognized by the Daily Journal in 2007, 2008 and 2009 as one of the Top Women Litigators in the State of California, won the 2007 Women of Distinction Award in the "Law" category, presented by the Silicon Valley/San Jose Business Journal, was distinguished as one of the "Forty under Forty People to Watch" in Silicon Valley by the Silicon Valley/San Jose Business Journal, was recognized by the Silicon Valley/San Jose Business Journal as a Woman of Influence in Silicon Valley (2008), and was recognized by the San Francisco Business Times as one of the Most Influential Women in the Bay Area (2008). Ms. Lutton was also one of five 2008 Legal Momentum Women of Achievement Honorees and was ranked in the Chambers 2008 Guide for America's Leading Lawyers for Business as a Leader in Intellectual Property. She was also named one of the Top 75 intellectual property litigators in California of 2009 by the San Francisco and Los Angeles Daily Journals. Ms. Lutton was recognized as a 2009 Northern California Super Lawyer. Ms. Lutton also serves on the Board of Directors of the Federal Circuit Bar Association.

Ms. Lutton brings to the table five years of industry experience as a systems and software design engineer with General Electric, where she graduated from the prestigious Edison Engineering Program and co-designed one of the first leading edge expert systems (neural networks, fuzzy logic) for aircraft application. Through the rotational management program, Ms. Lutton designed aircraft control systems which are currently employed on military aircraft. She also led design teams in a number of departments (software design, systems design, hardware design, research & development, manufacturing) that gave her broad exposure to industry. Ms. Lutton's technical background includes a solid background in mathematical physics and programming, combined with a bachelors and masters in electrical engineering. She uses her technical background and expertise, as well as her teaching and presenting expertise, to explain technical and legal concepts in a clear and persuasive manner.

Ms. Lutton served as a judicial clerk to the Honorable Alvin A. Schall, United States Court of Appeals for the Federal Circuit (1996-1997).

Litigation Examples
Ms. Lutton has first-chaired, led and consulted in numerous litigations in multiple venues including Texas (Eastern and Western Districts), Delaware, Washington, Wisconsin, California, Illinois, Arizona, Florida, Minnesota, New Mexico, and Maryland. Ms. Lutton represents and has represented numerous high-tech companies, including SAP, NVIDIA, Sun, Cisco, Scientific Atlanta, Arris, Thomson, Johnson Controls, Palm, Micron, Cypress Semiconductor, Dell, LSI Logic, Applied Materials, and Microsoft. She led numerous pre-suit litigation efforts and has achieved favorable results short of trial. Ms. Lutton's litigation examples include the following cases:

Ms. Lutton successfully settled prior to the scheduling conference, a declaratory judgment patent action filed by Ms. Lutton's clients Cisco, Scientific Atlanta, Arris and Thomson in the District of Delaware against GPNE. The case related to cable modems.

Ms. Lutton successfully settled prior to the scheduling conference, a declaratory judgment patent action she filed in the District of New Mexico on behalf of her client SAP against Emergis Technology. The case related to enterprise solutions.

Ms. Lutton led a patent case involving electronic design automatic software in the District of Delaware. She represented EDA leader Magma Design Automation, Inc. adverse to Synopsys, Inc. The case settled favorably.

Ms. Lutton led the last remaining suit by Jerome Lemelson against the semiconductor industry, which proceeded in the district of Arizona. Ms. Lutton's clients included Cypress Semiconductor, LSI Logic, Linear Technology, and Micrel. The case settled favorably.

Ms. Lutton successfully settled prior to the scheduling conference, a complex multi-defendant patent case in the Eastern District of Texas for her client SAP. The case was brought by Triton and involved sales software.

Ms. Lutton successfully settled a 34-patent case between Micron Technology (client; defendant and counterclaimant on 24 patents) and Motorola and Freescale Semiconductor (a Motorola spin-off) that was pending in the Western District of Texas. The case was settled before discovery was completed and shortly after a few critical motions argued by Ms. Lutton were decided in Micron's favor.

Ms. Lutton successfully settled a telecommunications patent case between NetMotion Wireless and Padcom.

Ms. Lutton successfully submitted an Amicus Brief in Symbol Technology v. Lemelson Medical, Educational, and Research Foundation, arguing that the Federal Circuit's ruling of unenforceability of the Lemelson machine vision patents should render even the unasserted claims invalid.

Ms. Lutton successfully ran the Power Integrations v. Motorola lawsuit, taking the case to trial in Delaware with a team that brought in a 32.3 million dollar jury verdict and a finding of willful infringement for her client Power Integrations. Ms. Lutton crossed Motorola's "surprise" witness and elicited testimony that despite Motorola's position that they no longer made the accused product that they would resume production as soon as they solved their quality problems.

Ms. Lutton formerly led multiple suits pending between Cypress Semiconductor and Integrated Circuit Systems involving timing circuitry and phase lock loops. The cases were favorably resolved shortly after Markman.

Ms. Lutton successfully represented General Electric in an appeal before the Federal Circuit.

Ms. Lutton successfully led the patent lawsuit between her client, Genesys Telecommunications Laboratories, and defendant Kana Communications to successful settlement. The case involved e-mail routing software.

Ms. Lutton successfully led the patent lawsuit between her client Exciss and Featherlite to a favorable settlement. The case involved horse trailer latches.

Ms. Lutton successfully defended Derwent against SmartPatents in a patent case involving computer database technology.

Ms. Lutton has successfully settled numerous other cases in the early stage, pleading process.

Speeches and Publications
Ms. Lutton is often asked to speak on a wide range of topics, including the patent reform currently pending before Congress, strategic prosecution, hot topics in litigation, Supreme Court jurisprudence, indemnity, reexamination strategies in litigation and willfulness. She is also called upon to moderate panels involving issues of import to the patent community. Her representative speeches and publications include:

Katherine Kelly Lutton (on panel), Client Relationships: How to Build Them and Get Credit for Them, Women in Law Empowerment Forum (WILEF) (Palo Alto, June 9, 2009).

Judicial Panel Moderator, 2008 Advanced Patent Law Institute (Sponsored by the University of Texas School of Law) (Austin, October 30-31, 2008).

10th Annual Federal Circuit Bench & Bar Conference (Monterey, June 25-27, 2008) (co-chair).

Katherine Lutton, Todd Dickinson, Doug Luftman & Taraneh Maghame, Patent Reform: Is it Dead or Alive? Where are We Now?, IP Law & Business IP Counsel Forum (San Jose, March 25, 2008).

Katherine Lutton, Kelly Hunsaker & Barbara Benoit, Practical Implications of Recent Supreme Court and Federal Circuit Court Decisions, EE Times Intellectual Property Symposium (San Jose, April 15, 2008).

Judge Chad Everingham (EDTX), Judge Liam O’Grady (EDVA), Judge Patti Saris (D.Mass.), Katherine Lutton, Judicial Panel, 2008 Advanced Patent Law Institute (Sponsored by George Mason University School of Law and the University of Texas School of Law), (USPTO, January 11, 2008) (moderated).

Katherine Lutton & Kelly Hunsaker, Latest News on the Patent Reform Front, Litigating Patent Disputes: The Advanced Legal Forum (San Francisco, December 1, 2007).

Judge David Folsom (EDTX), Judge Ronald Whyte (NDCA), Judge Lee Yeakel (WDTX), Katherine Lutton, Judicial Panel, Eighth Annual Advanced Patent Law Institute (Sponsored by Stanford University, the Berkeley Center for Law & Technology, and the University of Texas School of Law), (San Jose, November 29, 2007) (moderated).

Katherine Lutton, Claude Ducloux, D. Hull Youngblood & Peter Flocos, Drafting and Enforcing Complex Indemnification Provisions, Texas State Bar and ALI-ABA (Austin and Live by Webcast, November 27, 2007).

Rep. Daryl Issa, Judge Kimberly Moore (Fed. Cir.), Judge Lee Yeakel (WDTX), Katherine Lutton & Nick Groombridge, Strategic Considerations in an Evolving Patent Venue Landscape, Federal Circuit Bench & Bar Conference (Maryland, June 29, 2007) (moderated).

Katherine Lutton, Rick Frenkel (Cisco), Kevin Rhodes (3M), John Dragseth, KSR, Managing Intellectual Property (Webinar, May 30, 2007).

Katherine Lutton, John Gartman, Jared Bobrow, Darryl Woo, Daniel Johnson, David Doyle, David Makous, Chuleenan Svetvilas (moderator), Patent Litigation Update, California Lawyer (July 2007).

Katherine Lutton, Doug Luftman (Palm), Joe Fitzgerald (Symantec), Derek Minihane (Intermolecular) & Alison Tucher, The Use of Opinions of Counsel, IP Law & Business Spring Briefing (San Jose, May 16, 2007).

Katherine Lutton, Ann Cathcart Chaplin & Jennifer Bush, Don’t Kill the Patient to Kill the Disease: Avoiding Willfulness and Inducement Findings Without Giving up the Case, LEAD Conference (San Diego, April 27, 2007).

Katherine Lutton & Ed Reines, DSU Medical Corp. v. JMS Co. Ltd. Decision: Strategic Considerations for the New Inducement Landscape, PLI Briefing (February 5, 2007).

Katherine Lutton & David L McCombs, Reexaminations During the Course of Litigation: What Should You Do?, Seventh Annual Advanced Patent Law Institute (Sponsored by Stanford University, the Berkeley Center for Law & Technology, and the University of Texas School of Law), San Jose (November 29, 2006).

Katherine Lutton & John Benassi, Update on Patent Reform Legislation and Regulations, 31st Annual Intellectual Property Institute Presented by the IP Section of the California State Bar, Santa Barbara (November 3, 2006).

Katherine Lutton, Rose Hagan (Google) & Jennifer Seibly (Lucas Films), Technology Law on the Move, Women in Technology International, Women and Technology Summit, Santa Clara (2006).

Katherine Lutton and Henry Su, TRO's, Preliminary Injunctions and Stays Pending Reexamination, Practicing Law Institute, San Francisco (2006).

Co-Chair, IP Law & Business Conference: Innovations in IP Litigation, San Jose (2006).

Katherine Lutton, Patent Reform: A Perspective, L.E.A.D. Conference (2006).

Katherine Lutton, Dale Lazar, and William Galliani Prosecution Strategies: Looking Ahead to Prevent Challenges, Invalidations, and Design Arounds, Sixth Annual Advanced Patent Law Institute (sponsored by Stanford University, the Berkeley Center for Law & Technology and the University of Texas School of Law), San Jose (2005).

Katherine Lutton, Kelly Hunsaker, and Mary Ann Dillahunty, Patent Reform & Legislative Changes on the Horizon, presented in multiple venues on request (2005).

Katherine Lutton & Mary Ann Dillahunty, Strategic Litigation and Prosecution presented in multiple venues on request (2005).

Katherine Lutton, Kelly Hunsaker, and Mary Ann Dillahunty, Proactive Patent Strategies: Thriving in an Era of Patent Reform and Evolving Law, L.E.A.D. Conference (2005).

Katherine Lutton and Mary Ann Dillahunty, Strategic Prosecution: How to Come out of Due Diligence Alive, 5th Annual Advanced Patent Law Institute (sponsored by the Berkeley Center for Law & Technology and the University of Texas School of Law), San Jose (2004).

Katherine Lutton, Strategic Prosecution: Prosecuting for Trial & Appeals, 4th Annual Advanced Patent Law Institute (sponsored by the Berkeley Center for Law & Technology and the University of Texas School of Law), San Jose (2003).

Katherine Lutton, Prosecution Laches, 3rd Annual Advance Patent Law Institute (sponsored by the Berkeley Center for Law & Technology and the University of Texas School of Law), San Jose (2002).

Katherine Lutton, "Side Bar: Practical Aspects of the Sorensen Patent," printed in Donald S. Chisum, et al., Principles of Patent Law: Case and Materials (3d ed. 2005).

Co-editor, Patent Case Summaries, Federal Circuit Bar Journal, 1998-2002. Article cited in Group One, Ltd. v. Hallmark Cards, Inc. 2001 WL 668549, at *5 n.1 (Fed. Cir. 2001) (Plager, J.).

Intellectual Property Reform After the Uruguay Round, Minnesota Institute of Legal Education Conference on Global Markets and the Law (1995) (Presented at Conference by Jon Tuttle).

Katherine Kelly, "The Assumption of Risk Defense and the Sexual Transmission of AIDS: A Proposal for the Application of Comparative Knowledge", 143 University of Pennsylvania Law Review 1121 (1995). (noted as "Worth Reading," National Law Journal, Sept. 25, 1995).

Bar Admissions
Admitted to the bar in California, along with the United States Court of Appeals for the Federal Circuit, and the United States District Court for the Northern, Central, and Eastern Districts of California.

Registered to practice before the United States Patent and Trademark Office.

Additional information
Chair of the firm's Business Development Committee.
Adjunct Professor of Patent Law, Santa Clara University School of Law (2002).
Member: Intellectual Property Owners' ("IPO") Litigation Committee, American Intellectual
Property Law Association (AIPLA).
Masters thesis: "Application of Fuzzy Logic to Fault Diagnostics.”
Started college and her NCAA volleyball career at age 16.

In her spare time, Ms. Lutton runs marathons (Austin 02.15.2009; Big Sur 04.26.2009; San Francisco 07.26.2009; Alaska (Humpey’s Anchorage) 08.10.2009; Maui 09.20.2009; Marine Corp. 10.25.2009; New York City 11.2.2009). She also worked with the Fortune Most Powerful Women Conference/State Department Program to spend the month of May mentoring a woman business entrepreneur and leader of a empowerment village for children orphaned by HIV/AIDS in South Africa. See http://www.freshwaterhaven.org/tshepang.html. Ms. Lutton is also actively involved with Freshwater Haven and helping Michealene Risley expose the brutal treatment of young girls in Zimbabwe. See http://savehope.blogspot.com/2007/07/video-on-betty-makoni-and-zimbabwe.html.