Rachel Blitzer is an experienced intellectual property litigator who represents clients in technically complex cases relating to trade secrets, patent infringement, copyright, breach of contract, business torts, and antitrust.
Rachel's litigation experience spans a broad range of technologies, including:
Software, VR, and gaming applications
Aerospace technologies
Industrial machinery
Financial products
Medical devices
Pharmaceuticals
Chemical products
Rachel draws on her extensive trial experience and technical facility to advance her clients’ interests in their most critical matters. Her practice includes consulting clients at all stages (from start-up to Fortune 500 companies) on sound IP strategy in order to best position them for monetization, asserting or defending future litigation, and compliance with their management and financial reporting duties. Rachel's litigation practice is complemented by her robust experience with IP licensing and diligence matters, including patent portfolio analyses, freedom-to-operate opinions, and contract drafting.
In addition to her work in federal district and appellate courts, Rachel practices in state courts, the Patent Trial and Appeal Board, and the International Trade Commission, and is admitted to practice before the US Patent and Trademark Office.
Additionally, Rachel 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.
Experience
Rachel's experience includes representing:
Trade Secrets
Universal Alloy Corporation in a trade secret misappropriation defense regarding aluminum alloy components for the aerospace industry with US$264 million in damages sought, resulting in a complete zero-liability jury trial win
A major video game company in a trade secret misappropriation and copyright infringement case against a Fortune 500 company, resulting in a US$500 million jury verdict following a three-week 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*
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*
A prominent scientist in a multi-week trade secrets arbitration trial*
Patents
Johnson & Johnson Surgical Vision, Inc. and its subsidiaries in a global patent and copyright infringement dispute against Alcon over competing laser eye-surgery technology, resulting in a favorable resolution just days before trial
Abbott in a patent infringement win against its rival regarding Abbott’s market-leading continuous glucose monitoring technology
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*
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*
A Latham team led by Mike Morin and David Frazier won the “Litigators of the Week” competition, alongside co-counsel at Finnegan, for their outstanding defense against a US$290 million patent infringement claim and securing a US$116 million award on behalf of Sarepta Therapeutics, in a one-week timed trial in Delaware.
Latham secured a US$115 million verdict for Sarepta Therapeutics and the University of Western Australia in a patent infringement claim against Nippon Shinyaku.
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