Stephen S. Rabinowitz

Overview

Stephen Rabinowitz focuses his practice on patent litigation and post-grant proceedings with an emphasis on life sciences matters, particularly biotechnology and pharmaceuticals. His experience includes litigating cases in federal district courts across the country as well as the Patent Trial and Appeal Board (PTAB). 

Stephen draws on his extensive legal and medical experience to counsel clients across a host of technology areas. He has litigated and prosecuted patents concerning pharmaceuticals, medical diagnostics and biotechnology, including barcoding and sequencing technologies, antibodies and aptamers. 

Stephen has been profiled in the “Intellectual Property Trailblazers” list by The National Law Journal, recognizing top legal professionals in the United States who have “moved the needle” in intellectual property law. In addition, he was named Lawyer of the Year for Biotechnology and Life Sciences Practice in New York City in 2024 edition of The Best Lawyers in America©. He is also recognized by Managing Intellectual Property, The Legal 500, and IAM Patent 1000.

In addition to his legal qualifications, Stephen completed his medical training and internship at Groote Schuur Hospital in Cape Town, going on to perform research at the Sir William Dunn School of Pathology and Balliol College, University of Oxford, where he received his DPhil in immunology. Subsequently, he was a pathology resident at Brigham and Women’s Hospital, Harvard Medical School.

Experience

• Genentech Inc., Hoffmann-La Roche Inc., Roche Palo Alto LLC v. Endo, Dr. Reddy’s. Dr. Watson’s. Mylan, Sandoz, Apotex Inc. (U.S. District Court, Delaware, Northern District of California). Represented plaintiffs in multiple Hatch-Waxman actions concerning antiviral pharmaceutical for treatment of cytomegalovirus (CMV) infections.
• Cepheid v. Roche Molecular Systems Inc. (U.S. District Court, Northern District of California). Represented claimant in international arbitration concerning polymerase chain reaction (PCR) technology; defeated parallel declaratory judgment action commenced by the respondent.
• Gilead Sciences Inc. v. Merck & Co. Inc. (U.S. District Court, Northern District of California). Represented patent-owners and counterclaimants in a declaratory judgment action concerning pharmaceutical for treatment of Hepatitis C Virus (HCV) infection.
• In re Hoffmann-La Roche Inc. (Court of Appeals for the Federal Circuit). Represented defendant in patent infringement action concerning a pharmaceutical for treatment of HIV infection; obtained writ of mandamus directing transfer from the Eastern District of Texas.
• Carnegie Mellon University v. Hoffmann-La Roche Inc. (U.S. District Court, Northern District of California, Court of Appeals for the Federal Circuit). Represented defendants/appellees in patent infringement actions concerning plasmids for expressing recombinant DNA polymerase enzymes; obtained summary judgment that all 72 asserted claims were not infringed or invalid for lack of written description, which was affirmed on appeal by the Federal Circuit.
• 454 Life Sciences Corp. v. Ion Torrent Systems, Inc. et al. (U.S. District Court, District of Delaware). Represented patent-owner in action for infringement of patents directed to technology for Next-Generation Sequencing by emulsion PCR.
• Institut Pasteur et al. v. Abbott Laboratories (U.S. District Court, Northern District of Illinois). Represented patentee in action for infringement of patent claiming methods of detecting infection with HIV-2.
• Roche Molecular Systems, Inc. v. Cepheid (Court of Appeals for the Federal Circuit). Represented plaintiff in action for infringement of patent claiming primers and PCR methods of detecting Mycobacterium tuberculosis (MTB) infection and antibiotic resistance.

Activities

• American Bar Association
• New York Intellectual Property Law Association
• Association of the Bar of the City of New York

Recognition

• Named Lawyer of the Year for Biotechnology and Life Sciences Practice in New York City in the 2024 edition of The Best Lawyers in America®
• Profiled in the “Intellectual Property Trailblazers” list be The National Law Journal, recognizing top legal professionals in the United States who have “moved the needle” in intellectual property law (2019)
• Repeatedly named to Managing Intellectual Property’s IP Stars list for New York Patent Law
• Recognized by The Legal 500 for Intellectual Property: Patents: Litigation
• Recommended by IAM Patent 1000: The World’s Leading Patent Professionals for New York Litigation
• Repeatedly named to The Best Lawyers in America®