Caitlin E. Olwell

Caitlin E. Olwell

Counsel

Areas of Focus

Caitlin E. Olwell

Caitlin E. Olwell

Counsel

colwell@akingump.com

Areas of Focus

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Biography
  • Caitlin Olwell is an intellectual property litigator.
  • Her practice focuses on intellectual property cases across a broad range of sectors, including life sciences, consumer products, and communications.
  • She represents clients in federal courts across the country, as well as in proceedings before the Patent Trial and Appeal Board (“PTAB”).

Caitlin has represented clients as both plaintiffs and defendants in a variety of technical fields, including pharmaceutical, medical device, consumer products and telecommunications.  She has extensive experience in all stages of litigation, including pre-suit analysis, fact and expert discovery, claim construction, trial and appeal. Her experience in district court cases includes formulating case strategy, drafting motions and briefs, preparing expert reports, handling depositions, and examining and cross-examining witnesses at trial.  Caitlin has also successfully represented clients before the Patent Trial and Appeal Board (PTAB) and in arbitration.

Outside of litigation, Caitlin provides strategic intellectual property (IP) counseling on transactions and other investment matters. 

Caitlin maintains an active pro bono practice, representing domestic violence and human trafficking survivors and collaborating with public interest organizations on projects related to voting rights.

Caitlin previously served as a law clerk to the Honorable Charles F. Lettow at the Court of Federal Claims. Prior to attending law school, she taught high school biology and environmental science to Chicago Public School students while she served as a Teach for America corps member.

Representative Work
  • Representing patent owners in a series of Abbreviated New Drug Application (ANDA) litigations related to the treatment of prostate cancer.
  • Represented a portfolio company of a leading investment firm in the acquisition of a multi-jurisdictional patent portfolio including patents related to mobile devices and networks.
  • Represented Boston Scientific successfully in a series of district court litigations against Nevro Corp, which involved multiple patent infringement and trade secret claims relating to spinal cord stimulation technology. The first jury trial in the series occurred in October 2021 where the jury awarded $20 million to Boston Scientific for Nevro’s direct and indirect patent infringement. The case settled favorably in August 2022 prior to the next-scheduled trials.
  • Represented Sorenson Communications and CaptionCall against Ultratec/CapTel in a series of district court, Federal Circuit and PTAB matters concerning telecommunications for the deaf and hard-of-hearing. The Akin team achieved successive victories for Sorenson in connection with these proceedings, including the Federal Circuit’s affirmance of nine PTAB decisions in Sorenson’s favor. After the Supreme Court denied Ultratec’s petition for certiorari, the matters concluded.  This was a complete victory for our clients.
  • Represented a medical device company as a defendant in a patent infringement litigation relating to light therapy, in which our team obtained a favorable settlement and the complaint was dismissed with prejudice.
  • Represented 3M Co., Merck & Co. Inc. and Merck, Sharp & Dohme Corp. in a patent infringement litigation against Aptar Inc. concerning fluid dispenser systems. The Akin team achieved a complete victory in which the asserted patents were invalidated in parallel intellectual property rights (IPRs) and the complaint was dismissed with prejudice.
  • Represented a pharmaceutical company in ANDA litigation related to the treatment for schizophrenia and other disorders.
  • Represented a medical device manufacturer in a trade secret and breach of contract arbitration whereby the Akin team achieved a complete victory for our client on all claims.

Education
  • J.D., Northwestern University School of Law, cum laude, 2014

  • M.A.T., National-Louis University, 2011

  • B.A., Colgate University, summa cum laude, 2009

Clerkships
  • U.S. Court of Federal Claims

Bar Admissions
  • New York

  • U.S. Patent and Trademark Office

Recognitions
  • Best Lawyers in America, Ones to Watch, ; Litigation – Intellectual Property, 2021 to 2024.
Affiliations and Public Service
  • Member and Case Digest Contributor, Federal Circuit Bar Association.
  • Member, PTAB Bar Association.
  • Member, New York State Bar Association.
Speeches and Publications
  • “Patentable Subject Matter – Current Debate and Impact of Proposed Reform,” IPO Litigation Committee Web Meeting, October 17, 2019.
  • “Patentable Subject Matter—Proposed Legislative Changes,” Presentations to AdvaMed—Advanced Medical Technology Association, September 18 & 19, 2019.

Insights and Achievements

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