Rachel R. Blitzer

Bio

Rachel R. Blitzer has more than 11 years of experience in intellectual property litigation and counseling. Ms. Blitzer focuses her practice on technically complex patent litigation cases, with an emphasis on pharmaceutical and medical device cases. She has particular experience in Hatch-Waxman litigations and has represented both brand-name and generic pharmaceutical companies at both the trial and appellate level, as well as in post-settlement antitrust actions. Ms. Blitzer has further patent litigation experience in a broad range of additional technologies, including financial products, food procesing technology, industrial machinery and chemical products, and has defended numerous clients in suits brought by non-practicing entities. She regularly advises clients in connection with corporate transactions involving intellectual property, freedom to operate and related inquiries, licensing of patents and other intellectual property, and settlement negotiations.

Representative engagements include:

  • representation of a major video game company in its copyright infringement case against a Fortune 500 company, resulting in a $500 million jury verdict following a three-week trial;
  • a Hatch-Waxman litigation, securing dismissal of the complaint at the Federal Circuit on behalf of an API manufacturer defendant, resulting in new legal precedent;
  • invalidating a patent asserted against a large insurance provider on § 101 grounds at the motion to dismiss stage;
  • an ongoing antitrust proceeding following settlement of a Hatch-Waxman case, securing dismissal of sham litigation claims against brand name drug client;
  • ongoing representation of a major video game company in its trade secret case against a Fortune 500 company, including defeating multiple motions to dismiss; and
  • securing a favorable settlement on the eve of trial for the plaintiff, a food processing equipment manufacturer.

Additionally, Ms. Blitzer devotes a substantial portion of her practice to pro bono work, including political asylum petitions, Violence Against Women Act self-petitions, unemploy- ment insurance representation and case review for The Innocence Project.

Credentials

Education

  • J.D., The University of Chicago Law School, 2005
  • B.A., Yale University, 2002

Admissions

  • New York
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Court

Rachel R. Blitzer

Associate, Intellectual Property Litigation
rachel.blitzer@skadden.com