Areas of Practice
Education
  • University of Kentucky, J.D., Associate Editor, Kentucky Law Journal
  • University of Kentucky, B.A.
Bar & Court Admissions
  • District of Columbia
  • Kentucky
  • US District Court, Eastern District of Michigan
  • US District Court, Eastern District of Kentucky
  • US Court of Appeals for the Fourth Circuit
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6230
FAX: +1 202 429 3902

Boyd Cloern, a partner in Steptoe’s Washington office, focuses his practice on intellectual property and antitrust matters.  Mr. Cloern’s intellectual property experience is concentrated on patent litigation and he has litigated cases in various industries, including tires, automotive, technology, defense, semiconductor, medical devices, and consumer products involving many types of diverse technologies, such as fuel injection, tire pressure monitoring systems, sniper detection systems, surgical staplers, side impact systems, and smart phone location systems.  Mr. Cloern also litigates trade secret and copyright disputes and advises clients on patent, copyright, and licensing issues.

Mr. Cloern’s antitrust experience includes domestic and international cartel investigations and litigation involving price-fixing, group boycott, market and customer allocations, refusals to deal, and Kodak claims in the steel, logistics, trucking, financial services, telecommunications, and computer memory industries.  His experience also includes merger investigations and counseling.

Representative Matters

Intellectual Property Litigation

  • Representing automotive supplier as plaintiff in competitor patent infringement litigation involving tire pressure monitoring systems in US District Court for the Eastern District of Virginia.
  • Representing tire company as plaintiff in trade secret litigation involving self-inflating tire technology in US District Court for the Northern District of Ohio.
  • Representing IP law firm against fees motion.
  • Represented automotive supplier in licensing dispute related to standards essential patents.
  • Represented automotive supplier in competitor patent infringement litigation involving tire pressure monitoring systems as plaintiff in US District Court for the Eastern District of Michigan and as defendant in US District Court for the Western District of Virginia.
  • Represented Internet company in competitor patent litigation involving WiFi location services in the US District Court for the District of Massachusetts.
  • Represented automotive manufacturing company in defense of NPE patent litigation claims involving engine combustion processes and fuel injection systems filed in US District Court for the Central District of California. Plaintiff voluntarily dismissed all claims with prejudice and without payment following favorable claim construction.
  • Represented consumer products company as plaintiff in a competitor patent infringement case involving blender technology in US District Court for the Eastern District of Virginia. Achieved favorable settlement.
  • Represented defense contractor in defense of NPE patent infringement claims related to remote operating weapons station.  Plaintiff voluntarily dismissed its claims without payment.
  • Represented tobacco flavoring company and executives in defense of trade secrets, fraud and contract claims in US District Court for the District of Maryland.  Achieved summary judgment on all counts.
  • Represented over 25 automotive manufacturers and suppliers as industry joint defense counsel in a series of NPE patent infringement actions involving side impact systems in US District Court for the Eastern District of Michigan.  Achieved dismissal of all cases on summary judgment invaliding all asserted patents.
  • Represented automotive supplier in NPE patent infringement action involving accelerometer based sensor systems in US District Court for the Western District of Wisconsin.  Plaintiff dismissed all claims without payment.
  • Represented medical devices company in competitor patent infringement actions involving surgical staplers in US District Court for the Southern District of Ohio.  Achieved favorable settlement.
  • Represented automotive supplier in defense of copyright infringement in US District Court for the Eastern District of Virginia.  Achieved favorable settlement.

Antitrust Litigation

  • Representing Chinese Steel companies against antitrust and unfair competition claims at the International Trade Commission.  Achieved dismissal of claims at ALJ level, and decision in pending Commission review.
  • Represented less-than-truckload carrier in defense of federal multidistrict price fixing class action litigation regarding fuel surcharges in US District Court for the Northern District of Georgia.  Won motion to dismiss.
  • Represented financial institution in defense of antitrust class action regarding underwriting practices for initial public offerings in US District Court for the Southern District of New York.  Won motion to dismiss.
  • Represented financial institution in defense of group boycott claims in connection with electronic bond market platforms in the US District Court for the Southern District of New York.  Achieved favorable settlement.
  • Represented financial institution in DOJ antitrust investigation of bond market practices.
  • Represented meat products company in merger investigation.
  • Represented international freight forwarder in DOJ and European Commission antitrust investigation and follow-on class action litigation.

Antitrust / IP Counseling

  • Advise litigation fund on risks of investments.  Diligence of potential IP cases.
  • Advise on and draft litigation funding agreements.
  • Antitrust compliance plans and training for automotive company.
  • Advise automotive company on standard essential patent licensing issues.
  • Advise automotive company on global IP development and strategy.
  • Advise automotive company on antitrust issues related to licensing.
  • Advise tire company on global IP development and strategy.
  • Advise tire company on IP aspects of joint development agreement.
  • Advising financial institution on strategic patent portfolio creation and monetization and licensing programs.
  • Advised on and developed MAP policies for automotive and retail companies.
  • Advised software company on strategic development of IP portfolio.
  • Advised on and developed open source policies for software and automotive companies.
  • Advised on and developed copyright policies for automotive company.
  • Advised on and developed competitor collaboration guidelines for various companies and industry associations.
  • Advised on and developed patent policies and guidelines for software company.
  • Advised on and conducted licensing negotiations for software and automotive companies.
  • Advised on antitrust issues in joint venture arrangements in energy industry.
  • Advised tobacco and food flavoring company on trade secret and patent policies and strategies.

Commercial Litigation

  • Represented major financial institution in defense of allegations of securities fraud.
  • Represented financial institution in defense of allegations of bank fraud.
  • Represented former financial institution executive in numerous securities fraud class actions in various courts and investigations.
  • Represented data communications company in a commercial contract dispute in US District Court for the District of Delaware.

Pro Bono

  • Lead trial counsel in defense of murder charges in front of D. C. parole board.
  • Lead counsel for habeas corpus petition for Texas death row inmate.
  • Represented numerous pro bono clients in D.C.’s Landlord Tenant Court.

Noteworthy

  • Ranked, IAM Patent 1000, Litigation:  DC Metro Area, 2016-2017

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