Kathleen E. Ott

Partner
Denver
1801 California St., Suite 3300
Denver, CO 80202
D: 303.357.1656
Contact My Assistant
Julie Borrego
D: 303.357.1205

Education

University of Denver Sturm College of Law
J.D., 2008
    Order of St. Ives

    Editorial Board, University of Denver Water Law Review

University of Colorado
B.A. Molecular, Cellular, and Developmental Biology

Bar and Court Admissions

U.S. Patent and Trademark Office, 2009
Colorado State Bar, 2008

Professional Affiliations

American Bar Association
Colorado Bar Association
   Board Member, IP Section
Douglas/Elbert Counties Bar Association

Board Member, Heart for Africa
   Non-profit organization operating a 2,500-acre large-scale land development project designed to bring expertise and resources to the people of Swaziland to address needs such as hunger, health, education, and orphaned children.    

Steering Committee, ProBoPat
   Non-profit organization offering pro bono patent legal services administered by Mi Casa Resource Center in cooperation with the U.S. Patent & Trademark Office and the Colorado Bar Association.

Advisory Committee, Girls Inc.
   Non-profit organization that develops research-based informal education programs that encourage girls to take risks and master physical, intellectual and emotional challenges.

Awards & Recognition

Selected for inclusion in The Best Lawyers in America© 2017 for Patent Law
Selected for inclusion in Colorado SuperLawyer's Rising Star, 2016-2017
Top Woman Lawyers 2015, Law Week Colorado

Publications & Speaking

Moderator, Current Developments in Inter Partes Review CLE, October 8, 2015

Co-author, Using IP to Position Your Company for Sale, with Marianne R. Timm-Schreiber and George C. Lewis, Corporate Counsel, January 13, 2014

Panelist, Diversity in the Legal Profession Panel, 8th Annual Microsoft Women and Minority Law Student IP Summit, University of Miami, November 11, 2011

Co-author, 25% Rule Held To Be 100% Wrong, Law Week Colorado, February 2011

Editorial Support, Privacy Law in a Nutshell, John T. Soma & Stephen D. Rynerson, Thomson West, 2008

Kathy thoroughly enjoys using her background in science and technology to help her clients push the envelope with their cutting-edge innovations.

Kathy's practice is concentrated on patent prosecution and analysis. She focuses on drafting and prosecuting patent applications in a variety of technology areas from software to medical device technologies. Her practice also involves providing non-infringement and invalidity opinions regarding patents and products from a broad spectrum of technology areas, including pharmaceuticals to medical devices to radio frequency (RF) transponders. Kathy has experience counseling clients regarding patentability analysis, product clearance, validity analysis, and infringement analysis. 

In addition to her emphasis in patent prosecution and opinion work, Kathy has experience prosecuting and litigating trademarks. Specifically, she has counseled clients regarding trademark portfolio strategies and has negotiated a trademark dispute through settlement in favor of her client. Kathy also provides general litigation support, including drafting motions, briefs, and other documents, and aiding in case strategy. As a member of the Technology Transfer Practice Group, Kathy has experience in drafting and evaluating licensing agreements involving intellectual property.

Believing strongly in public service, Kathy provides pro bono legal assistance to immigrant victims of domestic violence through the Denver Center for Crime Victims. An active participant in her community, Kathy 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).

Outside of work, Kathy loves exploring new recipes and cooking techniques with her husband and two children.

Representative Cases

Prince Lionheart v. Halo Innovations (D. Colo 2010): Litigation support for 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.

Firepower Marketing, Inc. d/b/a Royalty Rewards vs. Red Robin International, Inc., Case: 3:11-cv-05338-BHS, on May 3, 2011. Ott managed discovery and production of documents, and drafted motions and briefs, for this trademark infringement lawsuit. The client prevailed, enabling it to continue offering and marketing its customer rewards program.

Coalition for Affordable Drugs X LLC v. Anacor Pharmaceuticals Inc. (PTAB): Represented the Coalition for Affordable Drugs in inter partes reviews successfully challenging the validity of two Anacor patents before the PTAB. Final written decisions: IPR2015-01780, IPR2015-01776 and IPR2015-01785.

Quoted

Quoted in Federal Circuit: Inter Partes Review Here to Stay, by Doug Chartier, Law Week Colorado, December 21, 2015


MEDIA CENTER

All Media
Press Releases
5/30/17
Merchant & Gould Promotes Attorney Kathleen Ott to Partner
Merchant & Gould is excited to announce the promotion of attorney Kathleen Ott to partner, after she worked as an associate for nine years. The promotion embraces the growth of the Denver office, bringing greater depth to the firm’s local leadership, ...
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 ...
Events
10/8/15
Inter Partes Review CLE & Networking Reception in Denver
Current Developments in Inter Partes Review CLE & Networking Reception Since its inception as a provision under the America Invents Act (AIA), the inter partes review process has continued to evolve before the Patent Trial and Appeal Board (PTAB). Please ...
Press Releases
5/11/15
Kathleen Ott Named a Top Woman Lawyer 2015 by Law Week Colorado
Merchant & Gould, a national intellectual property law firm with offices in eight cities including Denver, is pleased to announce that Law Week Colorado included Kathleen Ott on its list of Top Woman Lawyers 2015.Ott’s love of ...
Press Releases
11/3/08
Merchant & Gould Expands Its Team; Nine Join Firm
Intellectual Property Law Firm Reports Rapid Increase In Client Base, New Personnel Merchant & Gould, an intellectual property law firm, announced that it has added eight new attorneys and one technical advisor for positions in its Minneapolis, Denver, ...