Kirstin L. Stoll-DeBell

Partner
Denver
1801 California St., Suite 3300
Denver, CO 80202
D: 303.357.1640
Contact My Assistant
Courtney M. Estell
D: 303.357.1246

Education

University of Colorado School of Law
J.D., 1998

University of Colorado, Boulder
B.A. Molecular, Cellular, and Developmental Biology, 1995
Biochemistry Minor

Bar and Court Admissions

U.S. Supreme Court, 2004
U.S. District Court for the Eastern District of Michigan, 1999
Colorado Supreme Court, 1998
U.S. District Court for the District of Colorado, 1998
Tenth Circuit Court of Appeals, 1998
Federal Circuit Court of Appeals, 1998
U.S. Patent and Trademark Office, 1998

Professional Affiliations

American Bar Association
Colorado Bar Association
Women in Technology International
American Intellectual Property Law Association

Awards & Recognition

Selected for inclusion in The Best Lawyers in America© 2017 for Intellectual Property Law, 2016-2017
Colorado Super Lawyers, Intellectual Property Litigation, 2014-2016
Top Woman Lawyer for 2010 by LawWeek Colorado
Colorado Rising Stars, 2010-2013

Publications & Speaking

Practice Management in view of First-to-File What changes do you need to make today?, Colorado Bar Association's IP Institute, May 29, 2015

The Story of Maxwell v. J. Baker: A Case Study of Gender Issues in Intellectual Property Disputes, with Susan Maxwell, Inventor, Daniel McDonald, Patent Litigator, and Lisa DeCaro, Jury Consultant, October 31, 2011

What to Do When You Are Enjoined, with Tom Dougherty, Gates, Colorado Bar Association's IP Institute, May 2011

Injunctive Relief: Temporary Restraining Orders and Preliminary Injunctions with Nancy Dempsey and Brad Dempsey, Colorado Bar Association's IP Institute, May 2009

Stoll-DeBell, Kirstin L., Dempsey, Nancy L., and Dempsey, Bradford E., Injunctive Relief: Temporary Restraining Orders and Preliminary Injunctions (American Bar Association 2009)

The Impact of eBay on Preliminary Injunctions in Intellectual Property Cases, The Edge: M&G's Intellectual Property White Paper, February 2008

Injunctive Relief in Intellectual Property Cases, Federal Bar Association Annual Meeting, September 2007

Patent Law 101, Colorado Bar Association's IP Institute, May 2007

Using Presumptions to Tip the Balance for Injunctive Relief, ABA's Litigation Magazine, Fall 2006

Temporary Restraining Orders And Preliminary Injunctions: Pre-filing Considerations, ABA Litigation Section Roundtable Outline, May 2003

Willful Patent Infringement and Enhanced Damages: Recent Decisions, ABA's IPL Section Newsletter, Spring 2003

Attorney Opinions In Patent Litigation: Willfulness Shield Issue and Conflict of Interest Issue, ABA Litigation Section Roundtable Outline, October 2001

When working on a case, Kirstin strives to balance her client's business interests with their legal interests, which aren't always in sync, in order to get the best possible result for the business as a whole. Key to this goal is an in-depth understanding of her client's business, as well as communicating frequently with clients and making them part of the process.

Kirstin is a partner in the Denver office and a litigator and counselor with an emphasis on patent and trademark litigation and patent portfolio analysis. She particularly enjoys conducting in-depth analysis of technologies and patent or trademark law, using her research to devise a winning strategy and developing arguments, whether for litigation or opinion work.

Kirstin's practice is primarily focused on computer software. She is also experienced in handling a wide variety of matters covering a broad spectrum of technology areas, including semiconductor circuit design and processing, cellular telephones, oxygen scavenging polymer compositions, casino gaming equipment, Christmas ornaments, and greeting cards.

In addition to her emphasis on litigation, Kirstin performs strategic IP portfolio analysis, negotiates and drafts patent, trademark, and trade secret licensing agreements, and has experience filing and prosecuting trademark and patent applications. Kirstin has also counseled clients on a variety of other intellectual property matters, including trademark selection and usage and trade secret protection.

Kirstin is a co-author of the ABA bestseller Injunctive Relief: Temporary Restraining Orders and Preliminary Injunctions, which offers a comprehensive and practical guide to injunctive relief covering a broad spectrum of issues from pre-filing considerations to appellate relief.

An active participant in her community, Kirstin volunteers with Girls, Inc., an organization designed to support young girls with limited resources. She gives of her time to work with girls on the organization’s initiatives, which includes an educational focus on math and science opportunities. She is also on the Advisory Board of Girls, Inc. Eureka!® at the College of Nanoscale Science and Engineering (CNSE).

Kirstin and her husband are avid golfers, and she looks forward to one day representing a company in the golf industry. She spends most of her off hours with her two boys, and she enjoys skiing and traveling with her family.

Representative Cases

ePlus v. Lawson Software (E.D. Va.): Represented Lawson in this patent infringement lawsuit involving computer software for e-procurement. Acted as second chair during a three-week jury trial in Richmond, Virginia. Successfully precluded plaintiff from pursuing its more than $30 million damages claim at trial through a Daubert motion and a Rule 37 sanctions motion. The jury found the core software modules did not infringe any claim, one add-on module infringed only one claim, and the remaining add-on module infringed only 5 of 12 asserted claims. All of the remaining claims were subsequently invalidated on appeal.

Prince Lionheart v. Halo Innovations (D. Colo.): Represented Halo in this trademark infringement lawsuit involving baby products. The case settled after Halo won a motion to compel Prince Lionheart's privileged documents relating to Halo's trademark fraud counterclaim.

Black & Decker v. Bosch, Appeal Dkt. No. 2007-1243 (Fed. Cir.): Represented Bosch in this appeal of a jury verdict finding infringement of patents relating to a combination radio/battery charger. The Federal Circuit vacated the infringement verdict and damages award because the district court erred in construing the claims.

Black & Decker v. Bosch, Civil Action No. 04 C 7955 (N.D. Ill.): Represented Bosch in this patent infringement lawsuit. Successfully precluded from trial Black & Decker's claims against Bosch's current accused product. Obtained a jury verdict invalidating two of the four independent claims and a damages award for the other claims that was less than a third of the damages sought.

Constar v. Ball, Civil Action No. 05-C-0669-C (W.D. Wis.): Represented Ball in a patent infringement action relating to oxygen scavenging polymer compositions. Achieved settlement shortly after Ball filed its motion for summary judgment of patent invalidity.

Motorola and Freescale v. Micron, Civil Action No. A 04 CA 007 LY (W.D. Tex) and Micron v. Motorola, Civil Action No. 04 C 0204 S (W.D. Wis.): Represented Motorola in this patent infringement lawsuit involving 37 patents. Successfully moved to transfer Micron's later filed lawsuit from the W.D. Wisconsin to be consolidated with Motorola's first filed lawsuit in the W.D. Texas. Case settled after we successfully moved to have the discovery divided into phases limited to six patents per phase.

Altira Group v. Philip Morris Companies, Civil Action No. 01-K-2344 (D. Colo.): Represented Altira Group in a trademark infringement lawsuit asserting Philip Morris' new name "ALTRIA" would create reverse confusion. Although the court denied our motion for a preliminary injunction, primarily because Philip Morris had not yet changed its name, we made new law on reverse confusion in the Tenth Circuit. The case settled after the district court refused to consolidate the preliminary injunction hearing with trial on the merits and indicated that it would stay discovery and trial until Philip Morris changed its name.

Smash v. New England Pottery Company, Civil Action No. 01-601 (D. Minn.): Prevailed on a motion to preliminarily enjoin NEPCO from selling its "Starlight Sphere" Christmas ornaments because they infringed Smash's patent.

Bryant v. American Greetings, Civil Action No. 99-WM-1819 (D. Colo.): Represented American Greetings in this lawsuit alleging American Greeting's use of a heart enclosing baby footprints design infringed plaintiffs' trademark. Achieved a favorable settlement after American Greetings filed a motion for summary judgment based on the trademark fair use defense.

Client Recommendations

March 15, 2010 

"For the past several years Kirstin has been the lead litigator for Halo Innovations as we defended a trademark infringement complaint against a key competitor. Kirstin was successful in developing a very strong defense that resulted in a favorable settlement for us. Kirstin is very good communicator who is also bright, diligent, persistent and aggressive (in the best sense of that term). I also found her to be sensitive to the needs and situation of the company and our position in the marketplace. I am very pleased to recommend Kirstin and available for reference calls as needed."

Chuck Dorsey, President/CEO at Halo Innovations, Inc.

March 12, 2010

"Last year our company was faced with a significant legal issue. The issue was complicated, emotional and carried with it a large financial risk. Kirstin and I worked many hours on this situation. The ultimate outcome of the suit was a settlement. Kirstin proved over and over her skill as a negotiator as well as an impressive experience that increased our advantage in settlement discussions. She handled herself with the highest level of integrity and demonstrated a value system that allowed both client and plaintiff to trust her. I don't give out recommendations easily. With Kirstin I feel I am doing other companies a favor by recommending her."

Dan Kinsella, CFO at Shavlik Technologies

March 11, 2010

"If I needed patent work done, I would turn to Kirstin as one of my first picks of a dream team. I greatly respect her experience not only in patent law overall but in the highly complex and technical aspects of the underlying inventions. We partnered on several projects and the creative dynamic that grew from her open mind and ability to take random thoughts through to a positive result is not only appreciated but highly valuable. Even better, she smiled the entire time. I highly recommend Kirstin for any patent work you may have."

Carole Boelitz, Senior Attorney at Microsoft


MEDIA CENTER

All Media
Articles
1/27/17
The concrete road to solid patents
As published in the Jan. 27, 2017 edition of the Denver Business Journal By Monica Mendoza Photo: Kathleen Lavine Caption: Kirstin Stoll-DeBell, KathleenOtt and Timothy Scull are patent attorneys and partners of Merchant & Gould.If you are a software ...
Press Releases
10/17/16
Merchant & Gould Ranked in IAM Patent 1000 - The World's Leading Patent Professionals 2016
Merchant & Gould's patent practice has been recognized in this year's edition of IAM Patent 1000, a publication by Intellectual Asset Management that lists the world’s leading patent professionals. In its 2016 rankings of firms and individuals, ...
Press Releases
8/17/15
Merchant & Gould Attorneys Included in The Best Lawyers in America© 2016
Merchant & Gould announces today that thirteen attorneys have been included in The Best Lawyers in America© 2016. Best Lawyers compiles lists of outstanding attorneys by conducting peer-review surveys in which lawyers confidentially evaluate their ...
Press Releases
8/22/11
16 Merchant & Gould Attorneys Named 2011 Super Lawyers
Firm Also Recognizes Nine Rising Stars Merchant & Gould, an intellectual property law firm, today announced that 16 of the firm's attorneys are named Super Lawyers in 2011. The attorneys are recognized for excellence in intellectual property law and ...
Press Releases
7/26/10
26 Merchant & Gould Attorneys Named 2010 Super Lawyers
Merchant & Gould, an intellectual property law firm, today announced that 26 of the firm's attorneys are named Super Lawyers in 2010. The attorneys are recognized for excellence in intellectual property law and IP litigation. Each year, no more than ...
White Papers
2/1/08
The Impact Of eBay On Preliminary Injunctions In Intellectual Property Cases
Now, more than ever, it is important to consider filing a motion for preliminary injunction because a recent Federal Circuit decision suggests that patentees must move for and obtain a preliminary injunction if they want to recover enhanced damages for conduct ...
Press Releases
1/1/07
Merchant & Gould Promotes Kirstin Stoll-DeBell to Partner
Intellectual property law firm Merchant & Gould is pleased to announce that it has promoted Kirstin Stoll-DeBell to partner at the firm. Kirstin is a patent attorney specializing in patent and trademark litigation. She is experienced in handling a variety ...