Ms. Birbach has participated in all stages of patent litigation, from pre-suit investigations through trial and appeal. Representative matters include:
- Novartis Pharmaceuticals Corp. et al. v. Roxane Laboratories, Inc., Nos. 14-cv-01196, 15-cv-00474 (D.Del): Representing Roxane in a series of patent infringement actions filed by Novartis under the Hatch-Waxman Act relating to Roxane’s filing of abbreviated new drug applications for generic versions of Novartis’s drugs ZORTRESS® and AFINITOR®.
- Cosmo Technologies Ltd. et al. v. Actavis Laboratories FL, Inc., No. 15-cv-00164 (D.Del): Representing Actavis in a patent infringement action filed by Cosmo and Valeant under the Hatch-Waxman Act relating to Actavis’s filing of an abbreviated new drug application for generic versions of Valeant’s drug UCERIS®.
- Otsuka Pharmaceutical Co., Ltd. v. Teva Pharmaceuticals USA, Inc., No. 14-cv-05878 (D.N.J.): Represented Teva in a patent infringement action filed by Otsuka under the Hatch-Waxman Act relating to Teva’s filing of abbreviated new drug applications for generic versions of Otsuka’s drug ABILIFY®. Teva defeated a motion for a temporary restraining order which allowed Teva to launch its products. The case against Teva successfully settled before trial.
Ms. Birbach is member of the New York Intellectual Property Law Association (NYIPLA).
Prior to entering law school, Ms. Birbach was a patent examiner at the U.S. Patent and Trademark Office.
While attending law school, Ms. Birbach was an articles and notes editor of the American Criminal Law Review.