CHING-LEE FUKUDA has led significant patent litigation victories in district courts and at the PTAB, the ITC, and the Federal Circuit, focusing on electronics, software, medtech and medical devices. With more than 20 years of experience, her successes include numerous jury and bench trial wins, as well as wins during preliminary injunction, summary judgment and appeal. She has been lead counsel on more than 30 PTAB proceedings, and appeared in more than 80 proceedings, on behalf of petitioners and patent owners.
Most recently, Ching-Lee led the damages trial team that helped secure a jury award of more than $155 million for Bayer against Baxalta, which was then increased to more than $180 million with supplemental damages and interest. This jury award ranks among the top 10 largest patent verdicts in Delaware. The case was widely reported in The New York Times, Law360, Bloomberg Law, Life Sciences Intellectual Property Review, among others, and received the 2019 LMG Life Sciences award for “Patent Impact Case of the Year.” The team was also selected as a “Legal Lion” by Law360.
Earlier this year, Ching-Lee led a team for Nevro that invalidated at the PTAB a Boston Scientific patent that accounted for 84% of Boston Scientific’s total damages claim in a Delaware district court case against Nevro, which case is currently stayed pending the IPR proceedings. She also helped lead a team that obtained a stunning victory in the Antares Pharma v. medac Pharma case, affirmed in a precedential opinion by the Federal Circuit, which won the 2015 LMG Life Sciences Award for “Patent Impact Case of the Year.” In addition, her wins include §101 arguments on behalf of both defendants and plaintiffs; one of her summary judgment arguments helped shape an invalidity ruling that was affirmed by an early Federal Circuit §101 decision.
In 2019, Ching-Lee was named an “IP Star” by Managing IP, a “Life Sciences Star” by LMG Life Sciences, and one of Managing IP’s “Top 250 Women in IP” worldwide. She was one of seven attorneys shortlisted by Managing IP Americas Awards 2019 for Outstanding Litigator: PTAB. She was recognized by Best Lawyers in America 2020 for her work in IP Litigation, and was named by IAM Patent 1000 as one of the world’s leading patent practitioners in 2015–2018, in which peers describe her as a “skilled advocate and good leader” with “a great intellect.” Ching-Lee is a regular speaker at conferences and seminars and is widely quoted and published in media, particularly regarding §101 patent eligibility, PTAB proceedings, and §112, ¶ 6 computer-implemented means-plus-function claims.
Admissions & Certifications
- U.S. Patent & Trademark Office
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, District of Colorado
- U.S. District Court, E.D. of New York
- U.S. District Court, S.D. of New York
- U.S. District Court, E.D. of Texas
- New York
- Princeton University, B.S. in Mechanical and Aerospace Engineering, 1992 (with honors)
- Fordham University School of Law, J.D., 1997