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Finnegan
Kathleen A. Daley
Partner
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  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4098
kathleen.daley@finnegan.com kathleen.daley@finnegan.com

Kathleen A. Daley

Partner

  • +1 202 408 4098 +1 202 408 4098
  • kathleen.daley@finnegan.com kathleen.daley@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard

Kathleen Daley has significant experience in trial and appellate litigation. She has led litigation teams and been involved in all aspects of patent litigation, in district court and the U.S. International Trade Commission (ITC), and she has argued appeals before the U.S. Court of Appeals for the Federal Circuit. 

Kathleen also counsels clients on obtaining and protecting intellectual property rights, including providing infringement and validity opinions and advising on strategic patent prosecution matters. She has been involved in more than 60 post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), including reexamination and inter partes review (IPR) proceedings. She has served as lead counsel before the PTAB and has successfully represented both petitioner and patent owner.

Kathleen has extensive experience with licensing and technology transfer issues, including preparing and negotiating technology transfer agreements and advising clients regarding disputes under existing agreements. She has lectured and taught courses on drafting patent and know-how license agreements.

Her practice encompasses a wide range of technologies, such as mechanical devices, semiconductor devices, and pharmaceuticals, with a particular emphasis on medical devices. While a patent examiner at the USPTO, she examined applications in the medical arts.

Kathleen has served as member of the firm's management committee and as leader of the mechanical practice group.

Et Cetera

  • Capital Pro Bono Honor Roll, 2016, 2017, 2020.
  • Served as law clerk to the Honorable Glenn L. Archer, Chief Judge of the U.S. Court of Appeals for the Federal Circuit, 1995-1997.
  • Served as law clerk to the Honorable Wilkes C. Robinson of the U.S. Court of Federal Claims, 1993-1995.

Experience

Certain Balloon Dissection Devices and Products Containing Same

Represented Covidien in a patent infringement case involving medical equipment. The ITC issued a consent order barring importation and sale of all of respondent Pajunk's accused products.

337-TA-865, ITC, Judge Essex

Home Diagnostics, Inc. v. LifeScan, Inc.

Represented Home Diagnostics in a patent litigation concerning blood glucose meters; securing judgments of noninfringement from two district courts, which were affirmed on appeal.

5:99-cv-21269; 5:01-cv-20725, N.D. Cal., Judges Ware, Trumbull, Seeborg
01-1428, 03-1370, Fed. Cir., Judges Rader, Dyk, Prost, Mayer, Michel

Bernard F. DePalma v. Riddell

Defended Nike in action involving hockey pads; obtained summary judgment of no infringement, and Federal Circuit affirmed.

5:95-cv-01428, N.D.N.Y., Judges Mordue, DiBianco
05-1140, -1176, Fed. Cir., Judges Clevenger, Schall, Bryson

Aerin Medical Inc. et al. v. Neurent Medical Inc. et al.

Representing Aerin Medical Inc. and The Foundry, LLC in a patent infringement case involving medical devices for treating nasal airways. Finnegan is also representing patent owners Aerin Medical Inc. and The Foundry, LLC in a series of inter partes review (IPR) challenges to the asserted patents.

1:23-cv-00756, D. Del., Judge Hall
IPR2024-00275, -00276, -00277, -00278, -00279, -00280, -00282, -00669, PTAB

Genzyme Corp. v. CSRC et al.

Represented CSRC in two arbitrations and one litigation relating to exclusive licenses and patent assignments for patents directed to treating Pompe Disease, a rare genetic disorder that is often fatal if untreated. Secured a $180 million settlement from Genzyme.

01-19-0001-6937; 01-20-0000-5081, AAA

WCM Industries, Inc. v. IPS Corp.

On remand, secured award of enhanced damages for WCM Industries based on IPS Corp.’s willful infringement of patents directed to bathtub overflow drains. The award was confirmed on appeal.

19-1773, Fed. Cir., Judges Prost, Linn, Taranto
16-2211, -2268, Fed. Cir., Judges Prost, Taranto, Wallach
2:13-cv-02019, W.D. Tenn., Judge McCalla

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Insights

Articles

Using Patents to Make Greener Healthcare

Using Patents to Make Greener Healthcare Using Patents to Make Greener Healthcare

June 19, 2023

Med-Tech Innovation News

At the PTAB Blog

Finnegan Attorneys Author the Third Edition of The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board Finnegan Attorneys Author the Third Edition of The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board

November 28, 2022

Books

The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board, Third Edition The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board, Third Edition

September 2022

Articles

Medical Device Licensing Pitfalls to Avoid

Medical Device Licensing Pitfalls to Avoid Medical Device Licensing Pitfalls to Avoid

June 16, 2022

Medical Design & Outsourcing

Articles

How to Pass the Patent Eligibility Test for Software as a Medical Device

How to Pass the Patent Eligibility Test for Software as a Medical Device How to Pass the Patent Eligibility Test for Software as a Medical Device

April 14, 2022

Medical Design & Outsourcing

Articles

Supreme Court’s Arthrex Decision Creates More Review for Patent Owners — And More Questions

Supreme Court’s Arthrex Decision Creates More Review for Patent Owners
— And More Questions
Supreme Court’s Arthrex Decision Creates More Review for Patent Owners
— And More Questions

February 18, 2022

Medical Design & Outsourcing
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News

Award/Ranking

Best Lawyers Recognizes 44 Finnegan Attorneys in its 2026 Edition of The Best Lawyers and Ones to Watch Best Lawyers Recognizes 44 Finnegan Attorneys in its 2026 Edition of The Best Lawyers and Ones to Watch

August 21, 2025

Best Lawyers

Press Release

55 Finnegan Attorneys Named to 2020 Capital Pro Bono Honor Roll 55 Finnegan Attorneys Named to 2020 Capital Pro Bono Honor Roll

April 2, 2021

Media Mention

Fed. Circ. Clears Reworked Enhanced Damages Over Drain IP Fed. Circ. Clears Reworked Enhanced Damages Over Drain IP

April 20, 2020

Law360

Commentary

CAFC Denies Arthrex Rehearing CAFC Denies Arthrex Rehearing

March 24, 2020

Intellectual Property Magazine

Media Mention

Divided Federal Circuit Upholds $140 Million Sprint Patent Verdict Divided Federal Circuit Upholds $140 Million Sprint Patent Verdict

November 30, 2018

The National Law Journal

Press Release

48 Finnegan Attorneys Named to 2017 Capital Pro Bono Honor Roll 48 Finnegan Attorneys Named to 2017 Capital Pro Bono Honor Roll

February 20, 2018

More

Professional Activities

  • American Intellectual Property Law Association
  • Federal Circuit Bar Association
  • Licensing Executives Society
Admissions and Education

Admissions

  • U.S. Patent and Trademark Office
  • District of Columbia
  • Virginia
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Federal Claims
  • Supreme Court of the United States

Education

George Washington University Law School
J.D., with honors, 1993
Cornell University
B.S., Agricultural/Mechanical Engineering, 1988

Clerkships

  • U.S. Court of Appeals, Federal Circuit, Hon. Glenn Archer
  • U.S. Court of Federal Claims, Hon. Wilkes Robinson

Kathleen's Practices

Appeals, Issues, and Legal Strategy
Federal Circuit and Supreme Court Appeals
Global IP Enforcement, Litigation, and Trials
Federal Circuit and Supreme Court Appeals
ITC Section 337 Investigations and Trials
Patent Litigation and Trials
Pretrial Strategies
Patent Office Invalidation Proceedings
Ex Parte Reexamination (EPR)
PTAB Invalidation Proceedings: IPR and PGR
Prosecution and Portfolio Management
Ex Parte Reexamination (EPR)
Licensing, Pooling, and Other Transactions
Patent Reissues

Kathleen's Industries

AI, Electronics, and Information Technology
Electronic Devices and Components
Chemicals, Industrials, and Materials
Manufacturing
Hospitality, Gaming, and Leisure
Sports, Fitness, and Outdoor Recreation
Life Sciences
Medical Device and Diagnostics
Pharmaceutical

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