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 pharmaceutical products, including claims of false advertising and unfair competition under the Lanham Act, trademarks and copyrights. 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.
2005 - J.D., with high honors (Order of the Coif), The University of Texas School of Law
1990 - Ph.D., Industrial Engineering, Texas A&M University
1987 - B.S., Bioengineering, magna cum laude, Texas A&M University
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 Court for the Western District of Texas, U.S. District Court for the Northern District of Texas and the U.S. Fifth Circuit Court of Appeals.
- 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.
- 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 micro-fluidic PCR equipment in action against a competitor, alleging violations of California and federal false advertising law.
- 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.
State Bar of Texas
San Antonio Bar Association
American Bar Association
Rising Star, S.A. Scene, Scene Publications, LLC, 2009, 2011
- "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
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
Pro bono volunteer, San Antonio Community Justice Program
St. Elizabeth Ann Seton Catholic Church, Lector
Big Brothers Big Sisters of Texas student mentor
Komen Foundation Race for the Cure, Team Leader
Kathy enjoys cooking, running, golf and watching sporting events with her husband and daughter.
Americans spend billions of dollars annually on multivitamin products, ostensibly to....
December 23, 2013