Naomi Birbach

Ms. Birbach has experience representing companies in all stages of patent litigation, from pre-suit investigation through trial and appeal. Some of her representative matters include:

• Manufacturing Resources Int’l, Inc. v. Civiq Smartscapes, LLC et al. (D. Del.): Representing defendants against claims of patent infringement relating to digital outdoor displays.
• 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. 
• Valeant et al. v. Actavis Laboratories, FL, Inc: (D.N.J.): Representing Actavis in a pending patent infringement action filed by Valeant, Salix, Wyeth, and Progenics under the Hatch-Waxman Act relating to Actavis’ filing of an abbreviated new drug application for a generic version of RELISTOR®.
• 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.
• 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 successfully settled before trial.