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Winning the Patent Damages Case

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Ching-Lee is the author of Winning the Patent Damages Case, a leading treatise that provides strategic guidance on developing,...

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Ching-Lee is the author of Winning the Patent Damages Case, a leading treatise that provides strategic guidance on developing, presenting, and defending patent damages claims, including issues related to valuation, trial strategy, and appellate review of damages awards.

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Ching-Lee Fukuda is a New York-based partner in Morrison Foerster’s Intellectual Property Litigation Group and a nationally recognized IP trial lawyer, with nearly three decades of experience handling high-stakes patent and trade secret litigation. She represents clients in complex IP disputes before federal district courts, the International Trade Commission, PTAB, the Federal Circuit, and various arbitration tribunals.Ching-Lee’s practice focuses on cutting-edge technologies in medical devices and medtech, software, electronics, and chemicals. She has secured significant trial and appellate victories, including high-value jury verdicts and precedent-setting Federal Circuit decisions:<ul><li>Ching-Lee led a damages trial team for Bayer that secured a jury award of $155 million, which ranks among the top 10 largest patent verdicts in Delaware.</li><li>She successfully defended Nevro in a six-year litigation saga against Boston Scientific’s assertion of 20 patents and more than 60 trade secrets, with Boston Scientific ultimately paying Nevro $85 million.</li><li>She led an appellate team for CardioNet that obtained a rare Federal Circuit precedential opinion reversing the district court to uphold the patent eligibility of a software patent directed to cardiac monitoring technology.</li></ul>Ching-Lee has also led IP arbitration teams and has handled more than 100 PTAB proceedings, including inter partes reviews (IPRs) and post-grant reviews (PGRs), representing both patent owners and challengers.In addition to her litigation practice, Ching-Lee has been a member of Law360’s Intellectual Property Editorial Advisory Board, a member of ACI’s Advisory Board for Women Leaders in IP Law, and Co-Chair of the Intellectual Property Committee for the National Asian Pacific American Bar Association. In 2023, Ching-Lee became a founding member of Lead Counsel Summit, a non-profit organization that trains and supports IP litigators who are on the cusp of serving as lead counsel, to help them master the courtroom, clients, and team skills needed to move from second-chair to first-chair roles. Since 2022, she has been the author of the treatise, Winning the Patent Damages Case, published by Matthew Bender (LexisNexis).Clients highlight Ching-Lee’s formidable courtroom presence and sharp analytical approach, emphasizing her ability to deliver successful outcomes in particularly challenging matters. She has received a range of industry honors, including the following:<ul><li>Ranked by Chambers USA for IP: Patent in New York and Life Sciences: IP/Patent Litigation Nationwide, and by Chambers Global for Life Sciences IP/Patent Litigation</li><li>Named “Patent Lawyer of the Year” by Women in Business Law Americas in 2024.</li><li>Four times shortlisted by Managing IP for “Litigator of the Year – New York” (2021, 2023, 2025, 2026).</li><li>Recognized by LMG Life Sciences as “Post-Grant Proceedings Attorney of the Year” for two consecutive years (2020-2021).</li><li>Earned four “Impact Case of the Year” distinctions from LMG Life Sciences and inclusion in the National Law Journal Verdicts Hall of Fame (2021) and Top 10 Commercial Litigation Verdicts in the United States (2019).</li></ul>Ching-Lee earned her J.D. from Fordham University School of Law and her B.S.E., with honors, in mechanical and aerospace engineering, from Princeton University.

Ching-Lee Fukuda

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Published by Matthew Bender (LexisNexis)