Elizabeth Clarke

Elizabeth Clarke represents clients in high-stakes disputes at all stages of litigation. Ms. Clarke’s practice focuses on intellectual property, complex commercial disputes, and appeals. She has litigated cases in federal and state courts throughout the country, from trial courts to the U.S. Supreme Court. 

Ms. Clarke has briefed federal appeals involving complex legal issues before the Second, Third, Seventh, and Federal Circuits, as well as appeals before the New York appellate courts. She has also litigated before the U.S. Supreme Court, including in a merits case.

Ms. Clarke is a skilled trial advocate. She contributes to every stage of the case—developing case strategy, drafting key pleadings, managing discovery, drafting dispositive motions, and going to trial. She has cross-examined witnesses at trial, deposed fact and expert witnesses, and argued critical motions. 

Prior to joining MoloLamken, Ms. Clarke clerked for the Honorable Allison H. Eid of the United States Court of Appeals for the Tenth Circuit and the Honorable Edmond E. Chang of the United States District Court for the Northern District of Illinois.

Representative Matters

• Filed petition for certiorari challenging Ninth Circuit’s interpretation of Supreme Court case law prohibiting royalties on expired patents
• Represented technology company before the Federal Circuit in four related appeals involving $300 million patent infringement verdict
• Represented patent owner in Federal Circuit appeal involving patents on digital subscriber line (“DSL”) technology
• Challenged multi-million dollar jury verdict on appeal to the Seventh Circuit
• Represented patent owners before the Federal Circuit in appeals over patents underlying a billion-dollar infringement verdict
• Represented defendant in patent infringement matter in the District of Delaware
• Represented Nobel-Prize winning inventors in successful Federal Circuit appeal over patent rights to revolutionary CRISPR gene-editing technology
• Represented foreign sovereign instrumentality in Second Circuit appeal over proposed seizure of more than $1 billion in bond proceeds
• Obtained over $600 million in judgments for investment advisor in suits against the Republic of Venezuela and PDVSA; successfully defended judgments on appeal to Second Circuit
• Won Supreme Court merits case involving whether the Lanham Act applies to foreign companies’ use of trademarks outside the United States
• Successfully defended district court ruling that plaintiff had failed to show copyrightable subject matter in a landmark software copyright appeal to the Federal Circuit
• Represented major cellular technology company in a Federal Circuit appeal arising out of a global standard-essential patent licensing dispute
• Represented holders of residential mortgage-backed securities in an appeal over the distribution of a multi-billion-dollar settlement fund in New York state court
• Represented senior executive branch official in federal criminal trial over false statement and obstruction charges
• Represented company employees in a DOJ foreign corrupt practices investigation
• Defended former directors and officers of a small business investment company in a civil suit alleging breach of fiduciary duty
• Represented a medical device company in two breach-of-contract disputes arising out of merger agreements
• Represented the trustee of a mortgage-backed securities trust in a breach-of-contract lawsuit in New York state court
• Represented a Florida county in a petition for a writ of certiorari to the United States Supreme Court
• Represented an individual criminal defendant in a direct appeal to the Seventh Circuit
• Represented an individual investor in international arbitration under the bilateral investment treaty

Publications

• Justices to Resolve Circuit Split on Availability of Domestic Discovery for Use in Private Foreign Arbitrations, National Law Journal (Apr. 16, 2021) (with Lauren M. Weinstein and Lisa W. Bohl)
• Recent Amendments to the Securities Exchange Act Pose New Risks for Private Fund Managers, Hedge Fund Law Report (Feb. 25, 2021) (with Justin V. Shur and Eric R. Nitz)
• Protecting In-House Lawyers’ Communications: Attorney-Client Privilege, Attorney Work Product, and Best Practices for In-House Counsel, Chicago Bar Association @theBar (2020) (with Michelle Parthum and Benjamin Woodring)
• How To Obtain Section 1782 Discovery: A Step-by-Step Guide, International Bar Association: International Litigation News (with Jessica Ortiz & Lauren M. Weinstein) (May 2020)
• Must the Government Waive Public Forum User Fees for Indigent Speakers?, University of Chicago Law Review: Vol. 83 : Iss. 4 , Article 14 (2016).