Rebecca (Reba) L. Rabenstein

rebecca.rabenstein@lw.com

+1.202.637.2353

Profile

Dr. Reba Rabenstein advises leading branded pharmaceutical and biotechnology companies regarding intellectual property litigation, arbitration, and strategy to protect their innovative therapeutic products. Dr. Rabenstein represents clients at all stages of litigation, including pre-suit investigation, litigation, trial, and appeal. 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, she is well-positioned to understand the science and translate it to judges and juries. In addition, Dr. Rabenstein leverages her litigation experience to advise clients on due diligence matters and business strategies regarding intellectual property.

Dr. Rabenstein is a seasoned trial attorney, comfortable with all settings, having gone to trial in multiple district courts, including the District of Delaware, the Southern District of New York, and in the District of Massachusetts, where she participated in the first virtual patent trial in that district.

Prior to joining Latham, Dr. Rabenstein 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.

As a result of her graduate and undergraduate research and various collaborative efforts, Dr. Rabenstein has co-authored several scientific articles.

Experience

Dr. Rabenstein’s representative experience includes:

Astellas Institute for Regenerative Medicine v. ImStem Biotechnology, Inc., et al. (D. Mass.) — represents Astellas in a correction of inventorship suit regarding Astellas’ breakthrough technology for generating human mesenchymal stem cells; successfully sought summary judgment adding Astellas’ scientists as inventors on patents filed by defendants; following a 2.5 week virtual trial, successfully sought removal of defendants as inventors on the patents they filed, and fended off defendants’ attempts to be added as inventors on Astellas’ patents
AbbVie v. Novartis Vaccines and Diagnostics (N.D. Cal. & Arbitration) — successfully represented AbbVie in a dispute related to Hepatitis C Virus patents and treatments
Pacific Coast Building Products, Inc. v. CertainTeed Gypsum, Inc. — represented CertainTeed in a patent case in the Northern District of California filed by Pacific Coast related to gypsum wallboard and viscoelastic glue products; invalidated one patent based on indefiniteness, which judgment was affirmed on appeal, and obtained a stipulated dismissal with prejudice for the second patent
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*
Individuals seeking asylum in the United States in a pro bono matter*

*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, With Honors, With Distinction, Phi Beta Kappa