Rachel Blitzer helps clients litigate technically complex cases relating to trade secrets, patent infringement, breach of contract, and antitrust.

Ms. Blitzer’s litigation experience spans a broad range of technologies, including:

  • Software applications
  • Financial products
  • Industrial machinery
  • Medical devices
  • Pharmaceuticals
  • Chemical products

Ms. Blitzer's extensive trial experience and technical facility allow her to advance her clients’ interests in their most sensitive matters.

She has successfully defended clients in a full spectrum of patent cases, including those involving weather-detection software and cybersecurity patent infringements. She also has particular experience in Hatch-Waxman litigations, regularly representing brand-name and generic pharmaceutical companies across matters’ entire life cycle, including in post-settlement antitrust actions.

Ms. Blitzer has also advised clients in contract actions and corporate matters involving technology, including RFID technology, software patents, terahertz systems, synthetic super-materials, multivitamins, and ATM anti-theft systems.

Additionally, Ms. Blitzer maintains an active pro bono practice, which includes political asylum petitions, immigration appeals, Violence Against Women Act self-petitions, unemployment insurance representations, will drafting and end-of-life planning, patent prosecution and counseling for small entities, and case reviews for The Innocence Project. She has also served on the New York State Permanent Commission on Sentencing.

Ms. Blitzer’s experience includes representing:

Trade Secrets

  • A prominent scientist in a multi-week trade secrets arbitration trial*
  • A Fortune 500 retailer in defending against claims of trade secret misappropriation and breach of contract, which featured major victories on summary judgment and Daubert motions*

Patents

  • A large insurance provider in invalidating a patent asserted on section 101 grounds at the motion-to-dismiss stage*
  • A major cybersecurity company in multiple matters, including successfully opposing motions to dismiss on section 101 and pleadings grounds*
  • A leading roofing company in multiple actions, including achieving a favorable Markman ruling in a US International Trade Commission investigation that led to the investigation’s termination and in defending multiple current patent infringement litigations*
  • A food processing equipment manufacturer in securing a favorable settlement on the eve of trial*
  • An oil and gas machinery manufacturer in asserting its patents in multiple litigations, resulting in favorable settlements*

Hatch-Waxman Litigation

  • An active pharmaceutical ingredient manufacturer in a Hatch-Waxman litigation and in securing complaint dismissal at the Federal Circuit, resulting in new legal precedent*
  • A brand-name drug client in an antitrust proceeding following settlement of a Hatch-Waxman case, securing the dismissal of sham litigation claims, followed by a favorable settlement*

Copyright

  • A major video game company in a copyright infringement case against a Fortune 500 company, resulting in a US$500 million jury verdict following a three-week trial*

*Matters handled prior to joining Latham & Watkins

Bar Qualification

  • New York

Education

  • JD, University of Chicago Law School, 2005
  • BA, Yale University, 2002