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Jennifer Cieluch is a New York-based litigator with a focus on patent and trade secret litigation. Ms. Cieluch has experience representing a variety of clients at all stages of litigation at various district courts, the International Trade Commission, and appeals at the Federal Circuit. Ms. Cieluch has litigated cases in a variety of technology areas, including electronics, software, pharmaceuticals, and Hatch-Waxman litigation.

  • Currently representing high-tech company against competitor in trade secret litigation regarding electric vehicle batteries in the International Trade Commission.
  • Successfully represented beverage company in prevention of trade secret and breach of fiduciary duty claims related to start-up brands.
  • Successfully represented multiple high-tech companies in patent litigation regarding smartphone and semiconductor technology in the Eastern District of Texas.
  • Successfully represented brand-name pharmaceutical company in Hatch-Waxman litigation regarding a blockbuster drug through bench trial resulting in complete win on infringement and sanctions awarded against generic company for litigation misconduct. Ms. Cieluch also successfully pursued enforcement of the judgment in multiple jurisdictions.
  • Successfully represented biotech company and founders in multi-jurisdictional trade secret and breach of contract litigation regarding treatment of inflammatory bowel disease in the District of Delaware and Delaware Chancery Court resulting in settlement in the weeks leading up to trial.
  • Successfully represented biotech company in prevention of breach of contract claims regarding the development of breast cancer treatments.
  • Successfully invalidated patents relating to marine sonar technology. Ms. Cieluch represented a major technology company in patent litigation against competitors in complex multi-jurisdictional litigation—including violation, modification, and enforcement proceedings at the ITC, multiple district courts, and multiple appeals at the Federal Circuit.
  • Advised on patent litigation risk on several corporate deals, including advice on deal structure, licensing, valuation, infringement, and validity.

Pro Bono

  • Currently representing veteran on appeal at the Federal Circuit in seeking damages for successful whistleblower claims against the Department of Veterans Affairs.
  • Successfully vacated and remanded for reconsideration denial of disability benefits for a Korean War veteran and a Vietnam War veteran. Ms. Cieluch regularly represents veterans at the U.S. Court of Appeals for Veterans Claims regarding claims for disability benefits in conjunction with the National Veterans Legal Services Program.
  • Successfully obtained clemency for client serving 20 years for non-violent drug offense—a reduction of 8 years off his sentence—from President Obama through the Clemency Project 2014.
  • Successfully obtained modified order at the Merit Systems Protect Board reducing repayment of overpaid benefits to a nominal rate, which resulted in settlement with complete waiver of claimed debt.

Memberships and Affiliations

  • New York Intellectual Property Association
  • ChIPs Network
  • The Wing

Previous Experience

  • Full-time Intern for Hon. Richard Linn of the U.S. Court of Appeals for the Federal Circuit (January 2015-May 2015).