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.
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.