Caitlin Looby’s practice focuses on intellectual property matters at the agency, trial and appellate levels. She has represented clients in patent disputes involving a variety of technologies, including pharmaceuticals used to treat a variety of issues from heart disease to multiple sclerosis, software applications, near field communication, spread-spectrum technology and MEMS devices. Her practice spans the litigation process, from pre-suit investigation to pleadings, written discovery, depositions, motion practice, settlement, alternative dispute resolution, trials and appeals. She has experience with the Patent Trial and Appeal Board as well as a variety of district courts, in cases scheduled for both bench and jury trials. Her appellate experience reaches from the United States Court of Appeals for the Federal Circuit to the United States Supreme Court.
Ms. Looby is also committed to pro bono work, and represented a member of her Boston community in divorce proceedings as part of the Family Law Project of the Women’s Bar Foundation. She has also served as an undergraduate mentor at her alma mater, in conjunction with the Harvard College Women’s Center.
While attending law school, Ms. Looby served as an intern in the Government Bureau of the Massachusetts Attorney General, where she briefed and argued administrative appeals before the Superior Court for the Commonwealth of Massachusetts. She also served as an intern for The Honorable Cynthia Cohen of the Massachusetts Appeals Court, assisting with a variety of civil and criminal cases. Ms. Looby followed her passion for advocacy by serving as a member of her law school’s Saul Lefkowitz Moot Court team, where she was honored for Best Oral Argument.
Ms. Looby is admitted to practice in the Commonwealth of Massachusetts and before the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First Circuit, the United States Court of Appeals for the Federal Circuit, and the United States Supreme Court.
Ms. Looby is a lifelong resident of Greater Boston, and is committed to serving her community. She participates in numerous fundraising efforts for charities and schools in Boston and its suburbs, and maintains a close connection with Harvard College, where she has served as a Radcliffe Mentor in the Harvard College Women’s Center freshman mentorship program. She has also mentored students from Cathedral High School on college application essay-writing.
Ms. Looby has created educational presentations on Supreme Court and Federal Circuit patent infringement cases, addressing patent eligibility, affirmative defenses, burdens of proof, damages, attorneys’ fees and standards of appellate review, as well as presentations concerning the rise of, and developing legal landscape concerning, biologics and biosimilars in the marketplace.
As a member of the WilmerHale Women’s Leadership Initiative, Ms. Looby has collaborated with her colleagues to discuss the challenges and opportunities for women in the legal practice. She and her colleagues have furthermore worked together to raise funds and buy gifts for members of their Boston community that are in need during the holiday season.
- Successfully briefed two oppositions to motions to dismiss Hatch-Waxman patent infringement litigation in the District of Delaware on personal jurisdiction grounds, adding to a growing body of law concerning personal jurisdiction in ANDA cases.
- Successfully briefed motions to stay second-filed patent infringement litigations in Hatch-Waxman cases, which allowed clients to proceed more efficiently in their first-filed forum.
- Successfully briefed motion to dismiss for lack of jurisdiction and motion to dismiss for failure to state a claim in the District of Nevada, which resolved when plaintiff filed a notice of voluntary dismissal of the action.
- Briefed In re Packard indefiniteness appeal, singled out by commentators as the most significant pending Federal Circuit patent appeal of 2013, and described by the Federal Circuit as addressing the “important question” of indefiniteness for pre-issuance claims.
- Successfully briefed motion to dismiss non-practicing entity complaint and motion to deny leave to file an amended complaint in the Northern District of California, both of which were decided on the briefs without the need for oral argument. The District Court agreed with our client that the plaintiff’s claims were “nothing more than legal conclusions couched as factual allegations.”
- Obtained favorable settlements in multi-defendant Hatch-Waxman patent infringement litigations in the Districts of Delaware and New Jersey.
- Obtained favorable settlements in patent infringement litigations in the Northern District of California, Southern District of New York, and Eastern District of Texas, as well as the Federal Circuit.
- Successfully protected the interests of several third-party investors served with document subpoenas relating to ongoing patent infringement litigation, which resulted in none of the third parties having to produce a single document.
- Represented indigent client in divorce proceedings in Probate and Family Court, negotiating and obtaining a favorable settlement.
Honors & Awards
- Winner of Best Oral Argument in the Saul Lefkowitz Moot Court Competition
- Top Ten Oralist and Top Ten Brief at the Wendell F. Grimes Moot Court Competition
- Graduated cum laude from Harvard College, where she earned a citation in French Language
Insights & News
JD, Boston College Law School, 2010Alumni Chairperson, Women's Law Center
AB, English and American Literature and Language, Harvard College, 2005cum laude