Helena D. Kiepura D. Kiepura

Partner

Vice Chair, International Trade Commission Practice

About

Helena focuses on complex patent litigation matters, particularly Section 337 investigations before the United States International Trade Commission (ITC).

She also represents clients in patent and trade secret matters in US district courts and in inter partes review proceedings before the US Patent and Trademark Office. Her background includes a degree in biological sciences and litigation experience related to a broad range of technologies.

Areas of FocusConsumer Goods, Food and Retail Healthcare Life Sciences Intellectual Property Technology Patent Litigation

Bar admissionsDistrict of ColumbiaIllinoisUnited States Patent and Trademark Office

CourtsSupreme Court of the United StatesUnited States Court of Appeals for Veterans ClaimsUnited States District Court for the Northern District of IllinoisUnited States District Court for the Eastern District of TexasUnited States District Court for the District of DelawareUnited States District Court for the Southern District of Texas

EXPERIENCE

Represented a beer company against a competitor in parallel ITC investigations involving countertop beer dispensing devices. The client obtained a limited exclusion order and cease-and-desist order after winning at a five-day trial before the ALJ and defeating an appeal before the Commission. The competitor dismissed its own offensive case less than two weeks before the scheduled trial and one week after conclusion of trial
Represented complainants in an ITC investigation involving luxury vinyl tile flooring and obtained a general exclusion order to exclude infringing flooring products beyond those associated with named respondents
Represented a group of respondents in an ITC investigation involving automobile motors by securing the dismissal of the first investigation due to lack of standing and also obtained a favorable claim construction ruling resulting in the voluntary dismissal of that group of respondents from second investigation
Represented defendants in a patent infringement case in the District of Delaware involving razor blade coating technology and secured a favorable Markman ruling resulting in the dropping of several asserted claims and obtained a favorable settlement immediately prior to trial
Represented respondents in an ITC investigation involving RFID vehicle identification and toll collection technology
Represented a leading computer, mobile device and media player company before the ITC in a significant trial victory for the client resulting in the finding of infringement in two of the client’s patents
Represented a leading mobile device and wireless infrastructure company before the US ITC and obtained a favorable settlement after the trial
Represented a leading website developer in the social media space in a patent infringement lawsuit in the Eastern District of Texas
Represented a German microcontroller company in a patent infringement lawsuit in the District of Delaware involving 21 patents covering various aspects of microcontroller technology including on-chip debug, A/D conversion and flash and obtained settlement prior to trial
Obtained a favorable ruling on appeal for a veteran before the US Court of Appeals for Veterans Claims regarding claim for denial of veterans’ benefits for total disability individual unemployability
Successfully appealed a denial of benefits for a Korean War veteran exposed to ionizing radiation

Education

J.D., University of Illinois College of Law

B.S., Cornell University

Awards

Chambers USA
- Up and Coming, International Trade: Intellectual Property (Section 337) (2022)
The Legal 500 United States
- Next Generation Partner, Patents: Litigation (International Trade Commission) (2021-2022)
- Recommended, Patent Litigation: Full Coverage (2022)

Seminars

Panelist, "2020 Donald K. Duvall Memorial Panel: Section 337 Year in Review," 2020 ITC Trial Lawyers Association Annual Meeting, November 2020
Presenter, "Assessing the Intricacies of Obtaining General Exclusion Orders," American Conference Institute Practitioners’ Think-Tank on ITC Litigation & Enforcement, August 2020
Presenter, "Commission Review and Federal Circuit Appeals," ITC Trial Lawyers Association Fall Meeting, November 2019
Presenter, "The Fast and the Furious: Strategies for Bringing and Defending Cases at the ITC," May 2019

Media Mentions