Kathleen B. Carr is a Partner at Edwards Wildman and Co-Chair of its Intellectual Property Litigation Group. Kathleen has over 20 years of litigation experience as lead counsel in a variety of complex litigation, with a primary focus on intellectual property litigation. Kathleen has substantial trial experience in both federal and state courts. She has been lead trial counsel on several major litigation matters, including Hatch-Waxman pharmaceutical patent litigation. She also has successfully argued before the U.S. Court of Appeals for the First Circuit, and has been appellate counsel on several successful appeals before the U.S. Court of Appeals for the Federal Circuit.
In her intellectual property practice, she has handled a wide array of patent, trademark, and copyright cases and disputes for clients ranging from major pharmaceutical companies to start-up companies and individuals. Her patent cases have covered a variety of technologies including pharmaceuticals, biotechnology, mechanical devices, computers, business methods, printing machines, photocopiers, and design patents. Kathleen's patent law practice includes providing opinions with respect to validity and infringement issues and patent prosecution. She is registered to practice before the U.S. Patent and Trademark Office.
Life Sciences Magazine has recognized Kathleen as a “Life Sciences Star” since its inaugural publication in 2012.
Kathleen also recently authored a chapter for the Thomson Reuters publication, Aspatore Books: “Inside the Minds: Litigation Strategies for Intellectual Property Cases” (2014 ed.). According to Aspatore Books, the book provides insights from “leading lawyers on analyzing key decisions and effectively litigating IP cases.”
Kathleen has contributed to both the community and to her firm. She recently served as Counselor for the Boston IP American Inn of Court (2012-13). Kathleen is a member of the Massachusetts, Rhode Island, and American Bar Associations, the Boston Patent Law Association, the Federal Bar Association, the Maritime Law Association, the American Intellectual Property Law Association (AIPLA), the Association Internationale pour la Protection d la Propriete Intellectuelle (AIPPI), and the International Property Owners Association (IPO). She has served as Co-Chair of her firm's Intellectual Property Litigation Group for over seven years, and served on the firm's Hiring Committee for over a decade.
Representative Intellectual Property Litigation Matters
•Lead trial counsel on Hatch-Waxman patent litigation case involving a direct thrombin inhibitor (anti-coagulant). After a lengthy trial, the Court issued a 156-page decision in the client's favor. The decision was affirmed in its entirety on appeal to the Federal Circuit.
•Lead counsel in numerous Hatch-Waxman ANDA cases involving antidiabetic drug products.
•Trial counsel in multi-billion dollar Hatch-Waxman pharmaceutical litigation involving generic ANDA attacks on diabetes drug patent. Successfully defended patent challenges and appeals filed by generic manufacturers. Lead counsel on attorneys' fees petition in which over $18 million was awarded to patent holder.
•Lead counsel in patent litigation filed in the Eastern District of Texas involving 29 patents covering photocopier technology, leading to successful negotiation of favorable settlement.
•Trial counsel on behalf of mechanical seal manufacturer in patent infringement action which resulted in very favorable multi-million dollar settlement on fifth day of jury trial.
•Trial counsel defending against patent infringement claims in litigation in the Eastern District of Texas, involving computer network and fax technology. After jury trial in this plaintiff-friendly forum, the jury awarded minimal damages (possibly less even than the costs of the plaintiff's shadow jury), and the Court declined to award the injunctive relief sought, which was a great result for the client.
•Represented global modeling agency protecting agency's trade name in trademark infringement and dilution case. Successfully negotiated settlement equivalent to prevailing at trial.
•Negotiated favorable settlement protecting pharmaceutical company's tradename and marks in tradename and trademark litigation.
•Successfully sought dismissal (including obtaining voluntary dismissal of appeal) on behalf of excavator in patent license dispute in one jurisdiction, and ultimately obtained very favorable settlement in patent litigation involving tree stump excavating and crushing device patent.
Other Representative Litigation Matters
•Represented and counseled clients on admiralty and maritime law issues and litigation, vessel arrests and attachments, on-board investigations and vessel-related incidents, and marine insurance coverage matters.
•Defended securities fraud class and derivative actions.
•Kathleen's broad base of litigation experiences has included insurance coverage, real estate, architect and engineer, fire damage, and complex litigation cases.
Before Edwards Wildman
After graduating with two degrees (English and Physics) from Dartmouth College, Kathleen earned her J.D. from Tulane Law School. Before law school, Kathleen captained passenger vessels in Boston Harbor, and held a U.S. Coast Guard license for vessels up to 100 tons.
Besides Edwards Wildman
Kathleen's personal interests include boating along the New England Coast from Maine to Cape Cod. Kathleen previously served on the Charter Commission and on the Government Study Committee for the Town of Braintree.
Edwards Wildman's Kathleen Carr Comments on Nuvo and Apotex's Patent Settlement in World IP Review
February 1, 2013
Edwards Wildman Lawyers Honored as Massachusetts Super Lawyers
November 1, 2006
Attorney's Fees Granted in Takeda Pharmaceutical's Patent Case on ACTOS
September 20, 2006
The Firm Successfully Defends Takeda Pharmaceutical's Patent On ACTOS
February 22, 2006