Overview
Abby Litow has over ten years of experience litigating high-stakes patent infringement matters on behalf of both patent holders and challengers. She has litigated in district courts across the country, including in key patent jurisdictions such as the District of Delaware and the Eastern and Western Districts of Texas, as well as in district courts with smaller patent dockets such as the District of Nebraska and the Western District of Wisconsin. Abby has significant experience facilitating cases through all phases of discovery and bringing cases to trial, and she has particular experience in issues related to patent infringement damages. She also has represented clients in Section 337 litigation before the International Trade Commission, where she typically focuses on issues related to economic domestic industry and the public interest. In addition to her patent work, Abby has represented clients in trade secret, antitrust, pharmaceutical regulation and breach of contract disputes. Her matters have involved a variety of technologies including semiconductors and computing products, diagnostic and medical devices, pharmaceuticals, HVAC controls and accessories, consumer products, and farming equipment.
Experience
Representative Matters
DexCom, Inc. v. Abbott Diabetes Care, Inc. (D. Del.): Representing Abbott Diabetes Care in global litigation against Dexcom involving several patents related to continuous glucose monitoring devices for people with diabetes.
SharkNinja Operating LLC v. Dyson Inc. (D. Mass. and U.S.I.T.C.): Representing Dyson in litigation against SharkNinja related to vacuum cleaners.
Representing Intel and Lenovo in multiple ITC and district court actions in which Ericsson is asserting patents related to video encoding and Wi-Fi technologies.
AGI SureTrack LLC v. Farmers Edge Inc. (E.D. Tex. and D. Neb.): Represented software company Farmers Edge in a patent infringement lawsuit involving five patents related to agriculture data collection systems that record farming data in real time during farming operations. After successfully transferring the case to the District of Nebraska and within three weeks of trial, Kirkland obtained a summary judgment ruling that all five patents asserted against Farmers Edge were invalid.
Greenthread, LLC v. Intel Corp. (W.D. Tex. and D. Or.): Represented Intel against Greenthread’s assertion of six patents covering various semiconductor manufacturing technologies. After successfully transferring the case to the District of Oregon, the case settled on favorable terms.
Certain Laptops, Desktops, Servers, Mobile Phones, Tablets, and Components Thereof (W.D. Tex. and U.S.I.T.C.). Represented Intel, Oracle, Lenovo, Dell, Samsung, and ASUSTek in ITC and Western District of Texas matters in which Sonrai alleged infringement of multiple patents related to memory devices and power-saving technology. The case successfully settled on the eve of trial at the ITC after Kirkland won multiple pre-trial motions.
Red Hat, Inv. v. Sequoia Technology, LLC (D. Del.) Represented Red Hat and its customers in a District of Delaware action in which Sequoia asserted a patent covering a method for managing a logical volume. The court issued a favorable claim construction ruling that led Sequoia to concede non-infringement. The Federal Circuit affirmed the claim constructions, providing a complete victory.
Certain Integrated Circuits and Products Containing the Same (U.S.I.T.C.): Represented Intel, Lenovo, Acer, Micro-Star International, and ASUSTek in ITC matter in which Tela Innovations, Inc. alleged infringement of multiple patents related to layout optimization technology for computer processors. The case successfully settled after a trial at the ITC resulted in a final determination of no violation and after the district court granted summary judgment of non-infringement and invalidity.
Honeywell International Inc. v. Research Products Corp. (W.D. Wis.): Obtained favorable settlement for Honeywell as plaintiff and patent owner in a patent infringement suit against Research Products Corporation (manufacturers of Aprilaire® brand) involving technology related to residential HVAC zoning products.
The Gillette Company v. Dollar Shave Club, Inc. et al. (D. Del.): Represented defendants Dollar Shave Club, Dorco, and Pace Shave in a patent infringement case brought by Gillette concerning razor blade coating technology and obtained favorable settlement immediately prior to trial.
Eli Lilly and Company et al. v. Teva Pharmaceuticals USA Inc. et al. (E.D. Va.): Obtained favorable settlement a week before trial for Teva and Watson in a Hatch-Waxman (ANDA) patent infringement case against Eli Lilly concerning the drug tadalafil (Cialis®).
W.L. Gore & Assoc. et al. v. C.R. Bard, Inc. et al. (D. Del.): Represented C.R. Bard and Bard Peripheral Vascular in litigation brought by Bard’s competitor W.L. Gore alleging infringement of three patents on thin-wall stent grafts. Obtained a complete defense jury verdict for Bard on Gore’s claims of willful infringement and invalidated all asserted patent claims on three separate grounds (anticipation, obviousness, and incorrect inventorship).
Richard S. Stack, M.D. v. Abbott Laboratories et al. (M.D.N.C.): Obtained favorable settlement on the eve of trial for defendant Abbott in breach of contract case regarding cardiac stents.
Vista Healthplan, Inc. v. Cephalon, Inc. et al. (and related cases in E.D. Pa.); In re Cipro Cases I & II (California): Represented Teva Pharmaceuticals and subsidiaries to defend antitrust challenges to settlements of Hatch-Waxman (ANDA) patent litigations regarding the drugs modafinil (Provigil®) and ciprofloxacin (Cipro®).
Carrier Corp. v. Goodman Global, Inc., et al. (D. Del.): Represented Carrier in assertion of Carrier’s patent related to HVAC control technology against competitor Goodman Manufacturing. Obtained favorable claim construction and summary judgment orders, and a jury found in favor of Carrier on all issues, including findings of direct infringement, induced infringement, and validity for all asserted claims. Subsequently prevailed in an inter partes reexamination confirming the validity of Carrier’s patent.
Pro Bono
Significant experience litigating child custody matters in D.C. Superior Court, including as counsel for parents and as court-appointed guardian ad litem.
Representing clients seeking asylum and Special Immigrant Juvenile Status from U.S. Citizenship and Immigration Services.
Represented the Southern Utah Wilderness Alliance (SUWA) in litigation in D. Utah related to ownership of public lands in Utah.
Represented non-profit organization Equal Rights Center in affirmative claims seeking to remedy housing discrimination based on source of income in violation of the District of Columbia Human Rights Act (DCHRA) and obtained favorable decision regarding client’s standing to file claims.
Represented and obtained favorable settlement for D.C. Department of Corrections Officer alleging workplace harassment.
More
Recognition
Kids In Need of Defense Pro Bono Team of the Year (2023)
National Winner, Giles Sutherland Rich Memorial Moot Court Competition (2011)
Credentials
Admissions & Qualifications
- 2012, Virginia
- 2013, District of Columbia
- Registered to practice before the United States Patent and Trademark Office
Courts
- United States District Court for the District of Columbia
- United States District Court for the Eastern District of Virginia
Languages
- English
- French
Education
- Harvard Law SchoolJ.D.2012Article Editor, Harvard Journal of Law and Technology
- College of William & MaryB.S., Biologysumma cum laude2009Varsity Soccer