Kirstin L. Stoll-DeBell,  Attorney
		303.357.1640  |  Email  |  vCard Denver Office 1050 Seventeenth Street Suite 1950 Denver, CO 80265-0100 USA ph: 303.357.1670 fax: 303.357.1671

Education

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

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

Bar Admissions

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

Professional Affiliations

Colorado Bar Association
American Bar Association
Women in Technology International (WITI)
American Intellectual Property Law Association

Kirstin is a partner specializing in patent and trademark litigation. She is experienced in handling a variety of litigation matters covering a broad spectrum of technology areas from semiconductor circuit design and processing, oxygen scavenging polymer compositions, and computer software to casino gaming equipment, Christmas ornaments, and greeting cards, as well as many other industries.

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.

Publications

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

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

"Temporary Restraining Orders And Preliminary Injunctions: Prefiling 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.

Speaking Engagements

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

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

Notable Cases

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.