Kathleen is a partner at EAPD and Co-Chair of its Intellectual Property Litigation Group. Kathleen's practice primarily focuses on sophisticated intellectual property litigation, admiralty and maritime law, and business litigation. She focuses on conscientiously and creatively managing and resolving disputes whenever possible, and for cases that cannot be resolved, devoting every effort to bringing them to a successful conclusion at the trial and appellate levels. She also involves the arbitration and mediation processes where appropriate. Kathleen has substantial trial experience in both state and federal courts, and has successfully argued before the U.S. Court of Appeals for the First 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.
Notable Experience
Representative Intellectual Property Litigation Matters- 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 $17 million was awarded to patent holder.
- Successfully negotiated settlement of patent litigation filed in the Eastern District of Texas involving 29 patents covering photocopier technology.
- Trial counsel on behalf of mechanical seal manufacturer in patent infringement action which resulted in very favorable settlement in excess of $2 million on fifth day of jury trial.
- Successfully negotiated settlement on behalf of global modeling agency protecting agency's trade name in trademark infringement and dilution case.
- 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. Successfully handled maritime litigation matters including overturning of approximately $350,000 verdict, obtaining summary judgment in favor of client in contract matter, and successful handling of appeals.
- Defended securities fraud class and derivative actions.
- Argued and obtained very favorable summary judgment in insurance coverage litigation in Massachusetts Superior Court.
- Kathleen's broad base of litigation experiences has included insurance coverage, real estate, architect and engineer, fire damage, and complex litigation cases.
Recent Speaking Engagements and Publications
- Mass High Tech, "Will patent reform do what firms think it will?," September 28 - October 4, 2007.
- IP Law360, "Patent Reform, If It Ain't Broke Don't Fix It," June 29, 2007
- GC New England, "Patent Reform: Preparing for Change," March 2007, invited to participate on panel interview
- Guest Speaker, BioFlorida, November 2006
- Guest Speaker, "Protection for Product Design," Law Seminars International Trademark Portfolio Acquisition and Protection Conference, San Diego, California, March 2004
Before Edwards Angell Palmer & Dodge
After graduating with two degrees (English and Physics) from Dartmouth College, Kathleen served as a VISTA volunteer (Volunteers In Service To America) in a housing project in South Boston, Massachusetts.
Besides Edwards Angell Palmer & Dodge
Over the years, Kathleen has enjoyed working on passenger vessels in Boston Harbor, first as a deckhand and then as a Captain. She has her United States Coast Guard One Hundred-Ton Limited Masters License. Her personal interests include boating along the New England Coast from Maine to Cape Cod and serving as the Secretary for the Propeller Club of the United States, Port of Boston. Kathleen previously served on the Charter Commission and currently is serving on the Government Study Committee for the Town of Braintree.