Kathleen E. Ott

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


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 IAM Patent 1000 - The World's Leading Patent Professionals, Colorado, 2019
Selected for inclusion in The Best Lawyers in America© for Patent Law, 2017-2019
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 in Federal Circuit: Inter Partes Review Here to Stay, by Doug Chartier, Law Week Colorado, December 21, 2015


All Media
Press Releases
Kathy Ott and Laura Hupp Named to Leadership Council on Legal Diversity
Merchant & Gould is pleased to announce that attorneys John T. Winemiller, Ph.D., and Loretta L. Freeman have been selected as members of the Leadership Council on Legal Diversity (LCLD) 2018 Class of Fellows and Pathfinders, respectively.“It’s ...
M&G’s Denver Office Shares Holiday Spirit with Girls Inc., Promoting STEM Programming for Girls
Merchant & Gould sponsored a holiday-themed, community-service event with American Intellectual Property Law Association (AIPLA) “Women in IP” on Dec. 10, for Girls Inc. of Metro Denver, an organization that promotes the “whole girl,” ...

Merchant & Gould sponsored a holiday-themed, community-service event with American Intellectual Property Law Association

Merchant & Gould sponsored a holiday-themed, community-service event with American Intellectual Property Law Association (AIPLA) “Women in IP” on Dec. 10, for Girls Inc. of Metro Denver, an organization that promotes the “whole girl,” ...
Press Releases
Nineteen Merchant & Gould Attorneys included in The Best Lawyers in America© 2019
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that 19 attorneys from four of its office locations have been included in The Best Lawyers in America© 2019.  In addition, Tim Scull, managing partner of ...
Press Releases
Denver Business Journal Names Kathy Ott as Finalist for “Outstanding Women in Business” Award
Merchant & Gould is pleased to announce that Kathy Ott was named a finalist by Denver Business Journal as an “Outstanding Woman in Business,” specifically recognized for her innovation, entrepreneurship, professional accomplishments and community ...
Press Releases
Federal Circuit Affirms Invalidity of Pharmaceutical Patent
Merchant & Gould is pleased to announce that the Federal Circuit in Anacor Pharmaceuticals, Inc. v. Iancu affirmed the invalidity of a patent covering tavaborole (Kerydin®), which is a drug used to treat onychomycosis. The appeal arose from three ...
Press Releases
Merchant & Gould Participates in Denver's Amp the Cause Community Day
Merchant & Gould’s community spirit was shining on May 12, when the Denver office participated in Amp the Cause’s annual “Community Day” – as one of 50 teams, helping with facility-improvement projects for nonprofits in Greater ...
Press Releases
Merchant & Gould Joins Girls Scouts of Colorado at IP Patch Event
Merchant & Gould joined forces with Girls Scouts of Colorado, Microsoft and Boulder toy robot maker Sphero, to help girls earn their Intellectual Property (IP) Patch.  Held at Denver’s U.S. Patent and Trademark Office last month, Girl Scouts ...
Press Releases
Seventeen Merchant & Gould Attorneys Named Best Lawyers© 2018
Merchant & Gould is pleased to announce that seventeen attorneys from three of its office locations have been included in The Best Lawyers in America© 2018.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in ...
Press Releases
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, ...
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
Fourteen Merchant & Gould Attorneys Named 2017 Best Lawyers©
Merchant & Gould is pleased to announce that fourteen attorneys have been included in The Best Lawyers in America© 2017. Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
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
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
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, ...