Kathleen McGuinness

Kathleen McGuinness is an associate in Goodwin’s Intellectual Property Litigation practice and is a member of the firm’s Life Sciences Disputes group. She focuses her practice on patent litigation, with an emphasis on biotechnology and pharmaceuticals.

Kathleen has extensive experience in all phases of patent litigation, including pre-suit analysis, fact and expert discovery, and trial. Kathleen is an experienced trial advocate, including stand-up roles with witness responsibilities in more than one dozen trials in state and federal courts. She also believes in leveraging core project management principles on all of her case teams, prioritizing efficiency and organization to achieve optimal outcomes for her clients. Her prior litigation work spans multiple areas of technology, including software, electronics, medical devices, and pharmaceuticals.

Kathleen’s recent work includes representing:

• Represented global generic pharmaceutical company in patent litigation involving generic pulmonary drug. After a bench trial, the United States District Court for the District of Delaware found the asserted patents either noninfringed or invalid.
• Represented MSN Laboratories in Hatch-Waxman patent litigation in the District of Delaware concerning the drug riociguat (Adempas®), which is indicated for chronic thromboembolic pulmonary hypertension and pulmonary arterial hypertension. Adverio Pharma GmbH, et al. v. MSN Laboratories Pvt. Ltd. et al.
• Represented life sciences company in confidential arbitration under the JAMS arbitration rules.
• Represented Actavis Labs in Hatch-Waxman patent litigation in the District of Delaware concerning budesonide tablets (Uceris®), which is indicated for the treatment of mild to moderate ulcerative colitis. A summary judgment of non-infringement was granted under Rule 52(c). Cosmo Techs. Ltd. & Santarus, Inc. v. Actavis Labs. FL, Inc.

Kathleen has been recognized by The Best Lawyers in America Ones to Watch for her work in Litigation - Patent for 2021-2024.

Kathleen’s publications include:

• Co-author, “Amgen v. Sanofi: The fall of the newly characterized antigen test (if it ever truly, jurisprudentially existed in the first place),” Journal of Generic Medicines, May 20, 2019
• Co-author, “Amgen v. Sanofi: Can an injunction contrary to the public health interest ever properly be granted?” Journal of Generic Medicines, January 31, 2018
• Co-author, “Palmetto v. AstraZeneca: The scope of intent as a claim element,” Journal of Generic Medicines, May 15, 2017
• Co-author, “Merck & Cie v. Gnosis: A more deferential standard of review for inter partes review decisions,” Journal of Generic Medicines, January 13, 2017