Principal Kathi Lutton leads and tries high-profile, high-stakes, 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. She protects innovative companies who are wrongfully accused of patent infringement. Where the other side is reasonable and honest about their case, Ms. Lutton can often reach an agreement short of trial and often very early in the case. 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 served for four years in firm management (2007-2011), leading the firm’s litigation group (60% of the firm) and separately serving on the firm’s Management Committee. She led the firm’s largest practice group of 270 lawyers in 11 offices worldwide. Ms. Lutton maintained Fish & Richardson’s position as one of the top patent litigation firms in the world. She also led Fish’s commercial litigation group, which tries some of the most high profile cases in the country including the 9/11 litigation.
Ms. Lutton has received numerous accolades for her work, including being inducted as a 2012 Fellow by Litigation Counsel of America, a trial lawyer honorary society which represents the top less than one half of one percent of American litigators, named by The Recorder as one of 2012’s Women Leaders in Law, being listed in Chambers USA for her leadership in her practice area since 2012, recognized as a Northern California Super Lawyer since 2009, 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 Intellectual Property Litigators in California (2008) and the Daily Journal’s list of the 75 Leading Intellectual Property Litigators in California (2009 & 2010). Ms. Lutton was recently recognized by Benchmark Litigation, who named her to the third edition of their Top 250 Women in Litigation list, and honored by San Francisco Magazine as one of their Top Women Attorneys of Northern California for 2014. 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) and since 2008 has been named ‘Forever Influential’. 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. Ms. Lutton served on the Board of Directors of the Federal Circuit Bar Association from 2008-2011. Ms. Lutton is currently a member of the Northern District of California Patent Instructions and Rules Committee.
Ms. Lutton started her career as an electrical engineer. She worked for five years as a systems and software design engineer with General Electric, where she graduated from the prestigious Edison Engineering Program and designed one of the first leading edge expert systems (neural networks, fuzzy logic) for aircraft. 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 and technologies. Ms. Lutton was a member of the IEEE (Institute of Electrical and Electronics Engineers) and won their North East Regional Design Contest when she was in school (designing a “smart” basketball system). Ms. Lutton can read and fully understand source code, schematics and technical materials and explains concepts clearly to courts and juries. Ms. Lutton’s technical background includes a solid background in mathematical physics and programming, combined with a bachelors and masters in electrical engineering.
Ms. Lutton has first-chaired, led and consulted in numerous litigations in multiple venues including Texas (EDTX, NDTX and WDTX), Delaware, Washington, Wisconsin, California, Illinois (NDIll), Arizona, Florida, Massachusetts, Minnesota, New Mexico, Northern District of New York and Maryland. Ms. Lutton represents and has represented numerous high-tech companies, including eBay, PayPal, SAP, Intel, HP, VMware, NVIDIA, Sun, Cisco, Scientific Atlanta, Arris, Thomson, Johnson Controls, Palm, Micron, Cypress Semiconductor, Dell, LSI Logic, Applied Materials, Red Hat, Tesla, Microsoft, Schonbek, Zeiss, SHEEX, Obsidian, Federal Express and Bauer Hockey. Ms. Lutton has also worked with companies on Amicus briefing before the Federal Circuit and on patent prosecution. In addition to the many disputes Ms. Lutton has creatively resolved prior to litigation (including some with $0 settlements), Ms. Lutton’s litigation examples include the following resolved cases:
Ms. Lutton took over a competitor case in the District of Delaware (Judge Gregory M. Sleet) mid-stream for Plaintiff Zeiss, achieving all of the client’s objectives with minimal time and expenditure. The case settled shortly after Ms. Lutton filed a related Declaratory Judgement action against Optovue and MIT in the District of Massachusetts (Judge Patti B. Saris). The technology related to optical coherence tomography.
Ms. Lutton was hired to join another firm in leading a copyright case for Schonbek Worldwide Lighting against competitor Lowe’s iCompanies and Lowe’s Home Goods in the Northern District of New York (Judge Glenn T. Suddaby; Magistrate David E. Peebles). The case was settled favorably to Schonbek shortly after Ms. Lutton took key depositions in the case. The case involved lighting fixtures and included claims of false advertising, deceptive trade practices and unfair competition.
Ms. Lutton successfully positioned the multi-venue case between her client Wattstopper and its competitor Hubbell such that it settled favorably to Watt Stopper one month prior to trial. (WDTX, Judge Lee Yeakel)
On the eve of trial and through a series of wins, Ms. Lutton achieved all her client Johnson Controls and co-plaintiff Chamberlain’s objectives in the contested garage door opener case adverse to Lear in the NDIll (Circuit Judge Richard Posner, sitting by designation).
Ms. Lutton successfully settled numerous cases brought by Implicit Networks, including cases brought against SAP, NVIDIA, Sun, Palm, VMware, Red Hat in the NDCA (Judge Susan Illston) and WDWash.
Successfully resolved litigation for client Johnson Controls, Inc. adverse to SIPCO, LLC. filed in the Eastern District of Texas (Judge Leonard Davis). The case involved wireless networking technologies.
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.
February 11, 2015
Principal Kathi Lutton Featured in the Los Angeles Daily Journal
June 11, 2014
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2014
February 7, 2014
Fish & Richardson Announces 17 Attorneys Selected for 2014 Chambers USA
June 30, 2013
Fish Principals - Kathi Lutton and Juanita Brooks - Selected by Peers as One of the "Top 250 Women in Litigation" List
June 11, 2013
Fish & Richardson Receives Top 2013 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
September 21, 2012
Fish & Richardson Principal Kathi Kelly Lutton Named 2012 Women Leader in Law by The Recorder
August 28, 2012
Context Relevant Selects Fish & Richardson to Help Protect, Defend and Fuel Growth of its Innovative Big Data Analytics Technologies
July 19, 2012
Fish & Richardson Principals – Juanita Brooks and Katherine Kelly Lutton – Named to “Top 250 Women in Litigation” List
June 7, 2012
Fish Receives Top 2012 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
July 5, 2011
Fish & Richardson Receives Top 2011 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
June 30, 2011
Fish & Richardson Receives Top Tier 1 National Ranking in Intellectual Property – Patent Prosecution from The Legal 500
May 14, 2010
The Lawdragon 500 Leading Lawyers in America