Dr. Reba Rabenstein helps clients navigate complex intellectual property and trade secret disputes and develop intellectual property strategies across industries, with a particular focus on leading branded pharmaceutical and biotechnology companies.
Reba is a seasoned trial attorney representing clients at all stages of litigation and arbitration, including pre-suit investigation, litigation, trial, and appeal. She has gone to trial in multiple district courts, including the District of Delaware, the Southern District of New York, and the District of Massachusetts, where she participated in the first virtual patent trial in that district.
Having worked both for patentees and patent defendants, Reba helps her clients strategically navigate cutting-edge legal issues to achieve successful outcomes.
For pharmaceutical and biotechnology companies, she regularly handles cases involving:
Regenerative medicine
Gene therapy
Molecular biological techniques
Small molecule pharmaceuticals
Drawing on her academic experience in cellular and molecular biology, physiology, and pharmacology, Reba is well-positioned to understand the science and translate it to judges and juries. In addition, Reba leverages her litigation experience to advise clients on due diligence matters and business strategies regarding intellectual property.
Prior to joining Latham, Reba served as a law clerk to Chief Judge Kimberly A. Moore of the United States Court of Appeals for the Federal Circuit. She earned her JD from the University of Michigan Law School, where she served as executive note editor of the Michigan Telecommunications and Technology Law Review.
Representative Speaking Engagements:
ACI 3rd Annual Forum on Advanced Therapeutics, March 2025
Guest lecturer, Babson College, regarding what entrepreneurs should know about working with counsel, March 2024
Experience
Reba’s experience includes representing:
Sarepta in patent infringement litigation concerning its exon-skipping antisense oligonucleotide therapy for Duchenne Muscular Dystrophy, resulting in a jury verdict awarding US$115 million to Sarepta and invalidating the opponent’s patent
AbbVie and Allergan in Hatch-Waxman litigation involving their innovative drug Lumigan 0.01%®, including successfully defeating a motion for judgment on the pleadings and an eventual settlement on favorable terms
AbbVie in district court litigation and in arbitration related to AbbVie’s innovative Hepatitis C Virus treatments Mavyret®, Viekira Pak®, and Technivie®, resulting in settlement on favorable terms
Astellas in a suit that successfully recovered rights to confidential information and corrected inventorship of patents related to the production of human mesenchymal stem cells
CertainTeed Gypsum, Inc. (a Saint-Gobain subsidiary) in multiple patent infringement suits brought by a direct competitor concerning sound-attenuating drywall and viscoelastic glue products that involved successfully invalidating the competitor’s patent, defending that win on appeal, and an eventual settlement of remaining claims on favorable terms
CertainTeed LLC (a Saint-Gobain subsidiary) in patent infringement litigation against a direct competitor concerning solar shingle technology, resulting in settlement on favorable terms
A biotechnology company in arbitration regarding a licensing dispute involving gene therapy technology
Multiple pharmaceutical and biotechnology companies in strategic intellectual property counseling regarding their pipeline products
A branded pharmaceutical company in Hatch-Waxman litigation against several defendants, including discovery, pretrial, claim construction, three trials, and multiple settlements*
A branded pharmaceutical company in Hatch-Waxman litigation involving a dermatological product, including pretrial, claim construction, and trial*
*Matter handled prior to joining Latham
Qualifications
Bar Qualification
District of Columbia
New York
US Patent and Trademark Office
Education
JD, University of Michigan Law School cum laude
PhD in Neuroscience (Molecular Psychiatry), Yale University
MPhil in Neuroscience (Molecular Psychiatry), Yale University
BS in Psychobiology, The Ohio State University magna cum laude, Phi Beta Kappa, With Distinction, With Honors
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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