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Kathleen B. Carr

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.
  • 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 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 a $17+ 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 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 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, and marine insurance coverage matters.
  • Defended securities fraud class and derivative actions.
  • Wide variety of experience in contract, insurance, and business litigation.
Case Study
For Kowa Pharmaceuticals and Nissan Chemical, Mintz sued nine generic drug makers that had filed Abbreviated New Drug Applications (ANDA) with the FDA. The court upheld the validity and infringement of all asserted claims in two patents for the cholesterol drug Livalo®.
Case Study
Mintz protected clients’ patents related to the cholesterol drug Livalo®. Mintz defended against three IPRs filed by generic manufacturers that had filed Abbreviated New Drug Applications (ANDA) with the FDA and secured Patent Trial and Appeal Board denials of institution of the generic companies’ IPR petitions.