Rachel Blitzer is an experienced intellectual property litigator who regularly manages technically complex cases relating to trade secrets, patent infringement, copyright, breach of contract, business torts, and antitrust. Ms. Blitzer’s litigation experience spans a broad range of technologies, including:
Software, VR, and gaming applications
Financial products
Aerospace technologies
Industrial machinery
Medical devices
Pharmaceuticals
Chemical products
Ms. Blitzer 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. Ms. Blitzer’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, Ms. Blitzer practices in state courts, the Patent Trial and Appeal Board, and the International Trade Commission, and is admitted to practice before the U.S. Patent and Trademark Office.
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.
Experience
Ms. Blitzer’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 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
Four Latham teams were honored as winners of The American Lawyer’s prestigious Litigators of the Week column in 2023. The wins spanned multiple litigation practices and industries, including antitrust, intellectual property, securities, environmental and product liability, technology, and sports, among others.
A Latham team led by Tony Sammi and Rachel Blitzer is recognized for defending Universal Alloy Corp. from accusations it misappropriated trade secrets from Alcoa to unfairly compete for work making parts for Boeing.
Our Intellectual Property Litigation practice received this prestigious award for securing a number of successes over the past year “on all fronts across the spectrum of IP disputes and jurisdictions from coast to coast."
As he addressed the jurors in an Atlanta federal courtroom for the first time, veteran intellectual property litigator Tony Sammi told them his client, a manufacturer based 40 miles up the road, wanted to be there in front of them.
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