Kathleen Carr has led trial teams in multibillion- and multimillion-dollar Hatch Waxman pharmaceutical patent litigation. She has successfully served as lead counsel for over 25 years on a wide variety of cases in federal and state courts across the country.
Kathleen co-authored a treatise chapter, “Litigation Management by Judges,” in the nationally known, go-to federal court litigation resource for attorneys litigating in the U.S. federal courts: Business and Commercial Litigation in Federal Court (Thompson Reuters) (co-authored with Judge George A. O’Toole, U.S. District Court, District of Massachusetts).
Kathleen chaired the Merit Selection Panel for the Reappointment of U.S. Magistrate Judge Jennifer C. Boal, U.S. District Court, District of Massachusetts.
Kathleen recently was named to the inaugural Legal 500 Boston City Elite rankings for Commercial Litigation.
Kathleen recently became an American Bar Foundation Life Fellow, and was selected as a Fellow in Litigation Counsel of America.
INTELLECTUAL PROPERTY
Kathleen’s IP litigation practice encompasses patent, trademark, and copyright cases and disputes.
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. She has served as lead counsel prevailing in several Patent Office inter partes review matters. Kathleen is a registered U.S. patent attorney.
Kathleen’s trademark litigation practice has encompassed a variety of industries, including a hair restoration company, a global modeling agency, and various pharmaceutical companies.
Kathleen’s intellectual property practice is comprehensive, and encompasses patent prosecution, contract and license negotiation, arbitration and mediation, due diligence, infringement and validity opinions, patent term extension, indemnity issues, “safe harbor” issues involving pharmaceutical research, and biologics/biosimilars.
COMMERCIAL LITIGATION AND COUNSELING
Kathleen’s complex commercial litigation and counseling practice has included a wide variety of matters encompassing admiralty and maritime law, contract disputes, insurance coverage disputes, and various other matters involving issues such as COVID-19, offshore wind farms, antitrust, real estate, architecture and engineering, fire damage, and other complex business litigation.
Kathleen also is interested in Constitutional Law issues (ever since having been awarded the American Jurisprudence Award for Constitutional law during law school) and federal statutory construction and regulatory issues, and has written a variety of articles along with amicus briefs involving such matters.
EXEMPLARY MATTERS
PATENT
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. Prevailed on appeal to Federal Circuit.
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.
Lead counsel on U.S. Supreme Court Amicus briefs.
Lead trial counsel in Hatch-Waxman litigation involving a direct thrombin inhibitor. Prevailed on all claims in a 156-page District Court decision, affirmed on appeal to the Federal Circuit.
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 the negotiation of numerous settlements in Hatch-Waxman ANDA litigation.
Lead counsel obtaining an $18+ million award for a pharmaceutical patent holder on an attorneys’ fees petition.
Lead counsel in patent litigation filed in the Eastern District of Texas involving 29 patents covering photocopier technology. Settled favorably.
Trial counsel in a patent infringement action involving mechanical seals. Settled favorably on the fifth day of jury trial.
Multiple successes on behalf of an excavator in a patent license dispute, and ultimately obtained favorable settlement in patent litigation involving a tree stump excavating and crushing device patent.
TRADEMARK
Represented a hair restoration company in trademark and unfair competition litigation. Obtained dismissal of all claims against client.
Represented a global modeling agency in trademark and dilution litigation. Successfully negotiated a favorable settlement protecting the agency’s trade name.
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 of disputes.
COMMERCIAL LITIGATION
Represented intermodal carrier in hotly contested contract and insurance dispute. Settled on favorable terms, which preserved the client’s business.
Represented and counseled clients on admiralty and maritime law issues and litigation, vessel arrests and attachments, on-board investigations and vessel-related incidents, marine insurance coverage matters, and offshore wind farm issues.
Defended securities fraud class and derivative actions.
Wide variety of experience in contract, insurance, and business litigation.
