professionalIMG

Kathleen B. Carr

Member vCard


Education

  • Tulane University (JD)
  • Dartmouth College (ABE)
  • Dartmouth College (ABP)

Bar Admissions

  • Massachusetts
  • Rhode Island
  • Federal Circuit Court of Appeals
  • First Circuit Court of Appeals
  • Massachusetts Supreme Judicial Court
  • Rhode Island Supreme Court
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court for the District of Massachusetts
  • United States District Court for the District of Rhode Island
  • United States District Court for the Eastern District of Michigan
  • United States Patent and Trademark Office
  • United States Supreme Court
  • US District Court for the Eastern District of Texas

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. She has litigated and mediated patent cases for technologies including pharmaceuticals, biotechnology, mechanical devices, computers, business methods, printing machines, and photocopiers. Kathleen's intellectual property practice involves license negotiation, arbitration and mediation, and counseling on complex patent matters, such as infringement and validity opinions, patent term extension, indemnities issues, research "safe harbor" issues, and biosimilars. 

Kathleen has led trial teams in multibillion- and multimillion-dollar Hatch Waxman pharmaceutical patent litigation, and has served as lead counsel on many cases in both federal and state court. She has also argued successfully before the US Court of Appeals for the First Circuit, and prevailed in appeals before the Federal Court. She is registered to practice before the US Patent and Trademark Office.

Her broad litigation experience includes cases pertaining to admiralty and maritime law insurance coverage, real estate, architecture and engineering, fire damage, and complex business litigation. 

Prior to joining Mintz Levin, Kathleen was at a large international law firm, where she served as Co-chair of the Intellectual Property Litigation Group.

Representative Matters

  • Successfully represented a client as lead trial counsel on a Hatch-Waxman case involving a direct thrombin inhibitor.
  • Served as lead counsel in the negotiation of numerous settlements in Hatch-Waxman ANDA litigation involving antidiabetic drug products.
  • In a multibillion-dollar Hatch Waxman pharmaceutical litigation, successfully defended a client against generic manufacturers’ ANDA attacks on a diabetes drug patent, and obtained a $17 million award for a patent holder on an attorney’s fees petition.
  • Successfully negotiated settlement of a patent litigation filed in the Eastern District of Texas involving 29 patents covering photocopier technology.
  • Represented a mechanical seal manufacturer in a patent infringement action that resulted in a very favorable settlement in excess of $2 million on the fifth day of jury trial.
  • Successfully negotiated a settlement on behalf of a global modeling agency protecting the agency’s trade name in a trademark infringement and dilution case.
  • Negotiated a favorable settlement protecting a pharmaceutical company’s trade name and marks.
  • Successfully sought dismissal (including obtaining voluntary dismissal of appeal) on behalf of an excavator in a patent license dispute in one jurisdiction, and ultimately obtained a very favorable settlement in a patent litigation involving a tree stump excavating and crushing device patent.
  • 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.

Recognitions & Awards

  • Recommended by The Legal 500 United States for Health Care: Life Sciences (2016)
  • Best Lawyers in America: Intellectual Property Litigation (2016 - 2017)
  • LMG Life Sciences Star (2012 - 2015)

Professional & Community Involvement

  • Former counselor and current board member, Boston IP American Inn of Court
  • Former elected member, Charter Commission, Town of Braintree, Massachusetts
  • Former member, Government Study Committee, Town of Braintree, Massachusetts
  • Member, American Bar Association
  • Member, Boston Patent Law Association
  • Member, Federal Bar Association
  • Member, Maritime Law Association
  • Member, Massachusetts Bar Association
  • Member, Rhode Island Bar Association
  • Member, AIPLA
  • Former VISTA (Volunteers in Service to America) volunteer
  • Former US Coast Guard 100-ton licensed boat captain