Kathleen B. Carr has led trial teams in multibillion- and multimillion-dollar Hatch Waxman pharmaceutical patent litigation, and has successfully served as lead counsel for over 20 years on many cases in both federal and state court.
She has argued successfully before the US Court of Appeals for the First Circuit, and prevailed in appeals before the Federal Circuit. She is registered to practice before the US Patent and Trademark Office. She is listed in Best Lawyers in America for IP litigation, and has been listed as an LMG “Life Sciences Star” for IP litigation since its inaugural publication in 2012.
The Legal 500 United States has recognized Kathleen for Health Care: Life Sciences. Kathleen recently was elected to the Fellows of the American Bar Foundation, which is limited to one percent of lawyers licensed to practice in each jurisdiction.
RECENT HAPPENINGS :
- U.S. District Court for the District of Massachusetts: Appointed Chair, Merit Selection Panel for the Reappointment of Magistrate Judge Jennifer C. Boal (2018)
- Won Hatch-Waxman patent infringement litigation: Lead counsel in Kowa Company, Ltd., et al. v. Amneal Pharmaceuticals LLC, and related cases
Kathleen’s IP litigation practice focuses on patent, trademark, and copyright cases and disputes for clients ranging from major pharmaceutical companies to start-ups and senior executives. A registered U.S. patent attorney, she has served as lead counsel prevailing in several Patent Office inter partes review matters. She has successfully litigated and mediated patent cases for various technologies including pharmaceuticals, biotechnology, mechanical devices, computers, business methods, printing machines, mechanical seals, fax technology, and photocopiers. Kathleen’s intellectual property practice is comprehensive, and encompasses contract and license negotiation, arbitration and mediation, due diligence, infringement and validity opinions, patent term extension, indemnity issues, research “safe harbor” issues, and biologics/biosimilars.
Her broad litigation experience includes cases involving admiralty and maritime law, contract disputes, insurance coverage disputes, and various other matters such as real estate, architecture and engineering, fire damage, and complex business litigation.
Prior to joining Mintz, Kathleen served as Co-Chair of the Intellectual Property Litigation Group at a large international law firm.
- Lead trial counsel in Hatch-Waxman litigation involving a cholesterol-lowering drug; 9-related cases. Favorably settled 7, and prevailed at trial against remaining 2 defendants.
- Lead counsel in three IPR proceedings brought by generic pharmaceutical manufacturers against patent owner in related Hatch-Waxman litigation; successfully obtained denial of institution of all petitions.
- In multibillion-dollar Hatch Waxman pharmaceutical litigation, successfully defended against multiple generic manufacturers’ ANDA attacks on diabetes drug patents. Prevailed in both District Court and on appeal to the Federal Circuit.
- Lead counsel in patent litigation filed in the Eastern District of Texas involving 29 patents covering photocopier technology. Settled favorably.
- Represented a pharmaceutical company in trademark litigation. Negotiated a favorable settlement protecting the company’s trade name and marks.
- Multiple successes on behalf of clients through litigation and pre-litigation/cease and desist letters, including early and practical resolution disputes.
- Represented intermodal carrier in hotly contested contract and insurance dispute. Settled on favorable terms, which preserved the client’s business.
- Tulane University (JD)
- Dartmouth College (AB, English)
- Dartmouth College (AB, Physics)
- Former Counselor; current Board Member, Boston IP American Inn of Court
- Former member, Government Study Committee, Town of Braintree, Massachusetts
- Member, American Bar Association
- Member, Boston Patent Law Association
- Member, Maritime Law Association
- Member, Boston Bar Association
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the First Circuit
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the District of Massachusetts
- United States District Court for the Eastern District of Michigan
- United States District Court for the Eastern District of Texas
Rate : $$$$