Overview
Kate Cappaert leverages her legal experience, as well as her previous work as a mechanical engineer, to help clients navigate all aspects of intellectual property disputes. Kate is a hands-on litigator and takes an active role in each case that she works on, from developing case strategies, taking and defending fact and expert depositions, arguing motions before the court, and taking key witnesses at trial.
Kate’s litigation experience extends across several venues, including experience with Section 337 investigations before the US International Trade Commission (ITC), patent validity challenges before the Patent Trial and Appeal Board (PTAB), patent litigation in district courts, and appeals before the Court of Appeals for the Federal Circuit. Based on her experience in these venues, Kate understands the nuances associated with each venue and the interplay between them, and is able to leverage this knowledge to help clients develop successful case strategies. For example, Kate recently represented a solar manufacturing company in achieving a successful case result in litigation spanning the ITC, PTAB, and the Northern District of California.
Kate represents clients across a wide-range of technologies including solar manufacturing, seismic surveying operations, subsea oil exploration, semiconductors, consumer electronics and smartphones, fiber optics, cloud and distributed computing systems, and the automotive industry. She also speaks domestically, and has published articles, on patent litigation matters, including developments and best practices at the PTAB, and strategies that companies should consider when building and leveraging their IP portfolio.
Before launching her legal career, Kate was a mechanical design engineer at a global document solutions and technology company.
- Virginia
- District of Columbia
- US Court of Appeals, Federal Circuit
- US Patent & Trademark Office
- J.D., American University, Washington College of Law, 2013, cum laude
- B.S., Massachusetts Institute of Technology, 2008, Mechanical Engineering
Representative Matters
- Certain High-Density Fiber Optic Equipment and Components Thereof (2022), USITC Inv. No. 337-TA-1194 – Representing Panduit Corporation and The LAN Wirewerks Research Laboratories Inc. against allegations of infringement of patents related to fiber optic equipment.
- Certain Shingled Solar Modules, Components Thereof, and Methods for Manufacturing the Same (2021), USITC Inv. No. 337-TA-1223 – Representing complainant The Solaria Corporation in asserting three patents related to solar panels.
- Certain Wireless Communication Devices and Related Components Thereof (2019), USITC Inv. No. 337-TA-1180 – Successfully represented respondent Resideo Technologies, Inc. against allegations of infringement of a patent related to Internet of Things (IoT) devices.
- Certain Light-Emitting Diode Products, Systems, and Components Thereof (III) (2019), USITC Inv. ITC-337-TA- 1168 – Successfully represented respondents Leedarson Lighting Co., Ltd. and Leedarson America, Inc. against allegations of infringement of a patent related to LED technology.
- Certain Light-Emitting Diode Products, Systems, and Components Thereof (II) (2019), USITC Inv. ITC-337-TA- 1164 – Successfully represented respondents Leedarson Lighting Co., Ltd. and Leedarson America, Inc. against allegations of infringement of two patents related to LED technologies and false advertising.
- Certain Light-Emitting Diode Products, Systems, and Components Thereof (I) (2019), USITC Inv. No. 337-TA-1163 – Successfully represented respondents Leedarson Lighting Co., Ltd. and Leedarson America, Inc. against allegations of infringement of a patent related to LED and Internet of Things (IoT) technologies.
- Unmanned Aerial Vehicles and Components Thereof(2018), USITC Inv. No. 337-TA-1133 – Successfully represented complainant Autel Robotics USA in asserting three patents related to autonomous vehicles (drones).
- Certain Infotainment Systems, Components Therefore, and Automobiles Containing the Same (2018), USITC Inv. No. 337-TA-1119 – Representing complainant Broadcom Corporation in asserting patents related to infotainment systems, processors and other components in such systems, and automobiles containing infotainment systems.
- Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same (2017), USITC Inv. No. 337-TA-1047 – Represented complainant Broadcom Corporation in asserting patents related to semiconductor devices and audiovisual products.
Speaking Engagements
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"'The Best Thing I Ever Learned from a Mentor (or Mentee)': Town Hall on Cultivating and Empowering the Next Generation of Women Leaders in IP Law," ACI Annual Forum for Women Leaders in IP Law, June 26, 2024
- "It's Not Over At the Final Determination: Post-Exclusion," Intellectual Property Owners Association, IP Chat Channel Webinar, June 6, 2023
- "Key Corporate and IP Strategies For Success," KiwiTech Webinar, May 31, 2023
News & Publications
Publications
ITC Section 337 Investigations: 2023 Highlights and Horizon Issues
Thomson Reuters Practical Law
January 3, 2024
Publications
Enforcement Penalties at the ITC
Northwestern Journal of International Law & Business
June 16, 2023
Press Releases
September 20, 2022
Press Releases
PTAB Bar Association Once Again Names Kate Cappaert to 'Top 50 Women in PTAB Trials' List
March 24, 2022
Press Releases
Steptoe Announces Partner and Of Counsel Promotions for 1 January 2022
November 18, 2021
Press Releases
October 29, 2021
Client Alerts
How to Win on Appeal – Steptoe’s Federal Circuit Update: August 2021
September 1, 2021
Noteworthy
- Best Lawyers in America, "One to Watch," Litigation: Patent (2021-2022)
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PTAB Bar Association, "Top 50 Women in PTAB Trials" (2019, 2021)
Professional Affiliations
- Intellectual Property Owners Association, US International Trade Commission Committee