FacultyFaculty/Author Profile
Katherine Kelly Lutton

Katherine Kelly Lutton

Fish & Richardson P.C.

Redwood City, CA, USA

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, 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 and was named to the Top 250 Women in Litigation list. 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 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.


California 1998
United States Patent and Trademark Office 2000
United States Court of Appeals for the Federal Circuit
United States District Court for the Northern District of California
United States District Court for the Central District of California
United States District Court for the Eastern District of California
United States District Court for the Eastern District of Michigan
United States District Court for the Western District of Michigan


The Honorable Alvin A. Schall, United States Court of Appeals for the Federal Circuit, 1996 - 1997

Selected Publications

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.

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).

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.).


BS, Binghamton University 1990, Electrical Engineering
MS, Syracuse University 1992, Electrical Engineering
JD, University of Pennsylvania Law School 1996, Editor-in-Chief, University of Pennsylvania Law Review, 1995-1996


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