Katharyn Ann Grant
Dr. Kathy Grant joined the San Antonio office in 2005. As counsel in the Intellectual Property - Brands section, Kathy's practice primarily focuses on litigation involving claims of false advertising and unfair competition under the Lanham Act, particularly with regard to pharmaceutical products and medical devices. Kathy's litigation experience involves all aspects of pretrial and trial work, including the following:
- Temporary restraining orders and preliminary injunctions
- Discovery, including e-discovery
- Expert witness identification and preparation
- Daubert and expert challenges
- Dispositive motions
- Evidentiary hearings
- Pretrial motions, including motions in limine
- Jury instructions and verdict forms
- Arbitral proceedings
- Trial and appeal
Before attending law school, Kathy served as a bioenvironmental engineering officer in the U.S. Air Force and an engineer officer in the U.S. Public Health Service, specializing in the recognition, prevention and control of work-related musculoskeletal injuries. She is a registered professional engineer (inactive) in Texas. She is admittted to the Texas State Bar, and to federal practice in the Northern, Southern and Western Districts of Texas, and before the Fifth Circuit Court of Appeals.
JD, with high honors (Order of the Coif), The University of Texas School of Law, 2005
Ph.D, Industrial Engineering, Texas A&M University, 1990
BS, magna cum laude, Bioengineering,Texas A&M University, 1987
In law school, Kathy was an associate editor for the Texas Intellectual Property Law Journal.
Kathy was admitted to practice law in Texas in 2005. She is also admitted to practice before the U.S. District Courts for the Northern, Southern and Western Districts of Texas, and the U.S. Fifth Circuit Court of Appeals.
- Represented leading food company against a competitor falsely advertising its products as equivalent to the clients' branded prescription medical foods. After a two-week jury trial the case settled on favorable terms.
- Represented global brand leader in a challenge before the National Advertising Division (NAD) of the Better Business Bureau concerning comparative advertising for occupational safety and health equipment.
- Represented manufacturer of a cancer diagnostic test against a competitor that claimed its technology was superior to the client's. After initial discovery, the case settled on favorable terms.
- Defended home repair services company in action alleging trademark infringement and unfair competition.
- Represented numerous manufacturers of branded prescription and OTC drugs in federal false advertising and unfair competition litigation against competitors marketing purported a generic equivalent product to the brand.
- Represented manufacturer of life--science equipment company equipment in action against a competitor, alleging violations of California and federal false advertising law. After initial discovery, the case settled on favorable terms that required the defendant, among other things, to remove all references to the comparison study and to recall and destroy all materials related to the study.
- Represented manufacturer of FDA-approved biologic used in advanced wound care in federal false advertising and unfair competition litigation against a rival manufacturer of moist wound dressings.
- Defended pharmaceutical company in arbitral proceeding and subsequent court actions in case alleging breach of intellectual property licensing agreement.
- Defended leading manufacturer and distributor of office equipment in series of cases alleging breach of lease and services agreements.
- Defended semiconductor companies against personal injury claims alleging that use of certain chemicals in the workplace cause birth defects.
- Defended global pharmaceutical company against product liability claims arising from use of prescription drugs.
Rankings and recognitions
- Rising Star, S.A. Scene, Scene Publications, LLC, 2009, 2011
Kathy is a frequent contributor to the Brand Protection Blog, addressing legal issues concerning product branding, intellectual property, trademarks and copyrights. Other recent publications include:
- Co-author, "Medical experts cast doubt on multivitamin health benefits - Are enforcement efforts and consumer class actions far behind?," Norton Rose Fulbright - Legal update, January 13, 2014
- Co-author, "Medical experts cast doubt on multivitamin health benefits," December 23, 2013
- "Know When to Hold Them: The Ins and Outs of Litigation Holds and Document Preservation," Association of Corporate Counsel South/Central Texas Chapter Roundtable Discussion, San Antonio, TX, November 30, 2011
- "Truth in Drug Advertising: Avoiding Consumer Fraud and False Advertising Allegations," ACI Conference on Advertising, eMarketing and Promotions for the Pharmaceutical Industry, Philadelphia, PA, March 14, 2011
Memberships and activities
- State Bar of Texas
- San Antonio Bar Association
- American Bar Association
- Pro bono volunteer, San Antonio Community Justice Program
- St. Elizabeth Ann Seton Catholic Church, Lector
- Big Brothers Big Sisters of Texas student mentor
As we reported last August, U.S. District Judge Paul Engelmayer ruled that Amarin Pharma....
March 10, 2016