Gabrielle LaHatte represents market-leading pharmaceutical and technology companies in cutting-edge patent litigation and trade secret matters.
Gabrielle brings a sophisticated understanding of clients’ business operations and the science on which they are built to help navigate litigation before the federal district courts, the International Trade Commission, and in appeals before the Federal Circuit involving:
Biologics
Biosimilars
Biotechnology
Medical devices
Spatial audio
Vehicle control systems
Telecommunications
Standard essential patents
She evaluates the merits of clients’ intellectual property portfolios and crafts out-of-the-box strategies to guide clients to secure favorable outcomes, both before and following trial. Gabrielle collaborates with witnesses, including inventors, to distill complex technical topics into compelling courtroom narrative.
Gabrielle draws on insights gained during a secondment in the legal department of a leading biotechnology company, where she handled domestic and international patent assertion and patent portfolio development. She also leverages prior experience prosecuting biotechnology and mechanical patents at a regional intellectual property boutique.
Complementing her commercial work, Gabrielle maintains an active pro bono practice, including advising on matters involving tenant/landlord disputes. She serves as a member of the Eastern District of Texas Bench Bar Planning Committee and the Federal Circuit Bar Association’s model jury instruction subcommittee, and she frequently serves on panels regarding patent litigation. She is also a member of the San Francisco Bay Area Inn of Court.
Prior to joining Latham, Gabrielle served as a law clerk to Judge Kathleen O’Malley of the US Court of Appeals for the Federal Circuit and chief staff attorney and law clerk for Chief Judge Leonard Davis of the US District Court for the Eastern District of Texas.
Experience
Gabrielle’s representative clients include:
Genentech
Jaguar Land Rover
Janssen
Medline
Publications and Presentations
Magistrate Judges Panel, Moderator, 2024 Eastern District of Texas Bench & Bar Conference
Obviousness-Type Double Patenting Post-Cellect: Strategies and Best Practices, Panelist, 2nd Berkeley Center for Law and Technology Advanced Life Sciences Institute, May 2024
Anti-Trust Implications on the Enforcement of Patents. Rock-Paper-Scissors, When Can a Statutory Prohibition Trump a Constitutionally Granted Monopoly? Panelist, 2019 Eastern District of Texas Bench & Bar Conference
Managing Parallel District Court and PTAB Proceedings, Panel Moderator, 2018 Eastern District of Texas Bench & Bar Conference
Gabrielle LaHatte et. al., Considerations for the Commercialization of Medical Devices: The Changing Legal Landscape, Surgical Innovations in Glaucoma (Dr. Ike Ahmed et al. eds., 2014)
Gabrielle LaHatte, Reverse Payments: When the Federal Trade Commission Can Attack the Validity of Underlying Patents, 2 J. LAW, TECH. & INTERNET 37 (2011)
Manfre AJ, LaHatte G, Climer CR and Marcotte Jr, WR. “Seed dehydration and the establishment of desiccation tolerance during seed maturation is altered in the Arabidopsis thaliana mutant atem6-1,” Plant & Cell Physiol. 50: 243-253 (2009)
Qualifications
Bar Qualification
California
District of Columbia
Oregon
Education
JD, Case Western Reserve University School of Law, 2012 cum laude
MS in Biochemistry, Case Western Reserve University, 2012 cum laude
BS in Biochemistry, Clemson University, 2007 magna cum laude
Two Latham litigation teams were recognized for winning a US$2.3 million jury verdict for a victim of revenge porn in a pro bono case, as well as a victory for the Atlantic Coast Conference in a case involving major athletic conferences and Name, Image, and Likeness claims.
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