Ms. Birbach has experience representing companies in all stages of patent litigation, from pre-suit investigation through trial and appeal. Matter highlights include:
Representative Technology Experience:
- Ultravision Technologies, LLC v. Shenzhen Absen Optoelectronic Co., Ltd. (E.D. Tex.): Represented defendants as a member of the trial team against claims of patent infringement relating to LED displays. The jury found that Absen’s products did not infringe the asserted patents and that the asserted patents were invalid.
- Gabara v. Facebook, Inc. (S.D.N.Y.): Represented Facebook in a multi-patent litigation involving aspects of Facebook Messenger and 3D Photos. The District Court granted Facebook’s motion to dismiss for failure to claim patent-eligible subject matter.
- Leviton Mfg. Co., Inc. v. Pass & Seymour, Inc.(E.D.N.Y.): Representing defendant Pass & Seymour in a long-running dispute involving P&S’s core technology, ground-fault circuit interrupters (GFCIs), between the two market leaders in the U.S. GFCI market.
Representative Pharmaceuticals Experience:
- Otsuka Pharmaceutical Co., Ltd. v. Teva Pharmaceuticals USA, Inc.(D. Del.): Representing Teva in a pending patent infringement action filed by Otsuka and Lundbeck under the Hatch-Waxman Act relating to Teva’s filing of an abbreviated new drug application for a generic version of REXULTI®.
- Cosmo Technologies Ltd. et al. v. Actavis Laboratories FL, Inc. (D. Del.): Represented 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®. The District Court ruled at trial that Actavis’s product did not infringe the asserted patents and the Federal Circuit affirmed.
- Otsuka Pharmaceutical Co., Ltd. v. Teva Pharmaceuticals USA, Inc.(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, allowing Teva to launch its products. The case against Teva settled favorably 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.