Kristen P.L. Reichenbach, Ph.D.
Overview
Kristen Reichenbach is an intellectual property litigation partner in the Bay Area office of Kirkland & Ellis LLP. Kristen’s focus is on patent litigation and she has represented clients in intellectual property matters involving a wide range of technology areas including pharmaceutical, biotechnology, telecommunications, e-commerce, search engines, location services, image storage and retrieval systems, electricity meters and optics. Kristen has experience managing written discovery, taking and defending depositions, working with experts, analyzing claim language for Markman, briefing for summary judgment and appealing to the Federal Circuit. She has argued before the Patent Trial and Appeal Board in a Covered Business Method Proceeding.
Kristen holds an M.S. and Ph.D. in physics, and has physics- and optics-related technology experience, including in fiber optics, photonic crystal fibers, biomedical imaging, numerical modeling, nonlinear optics and communications. Kristen started her career as a technical consultant and patent agent, drafting and prosecuting patents before the United States Patent & Trademark Office and internationally. She is consequently experienced in the prosecution and validity analysis of optical, mechanical, quantum computing, computer software and business method patents. In 2011, Kristen graduated summa cum laude from Lewis & Clark Law school, where she was a lead article editor for the Lewis & Clark Law Review and was recognized in the first year moot court competition for Outstanding Oral Advocacy and Outstanding Appellate Brief.
Experience
Representative Matters
While at Kirkland, Kristen has worked on the following matters:
- Defending Alcon in a patent infringement suit in Delaware brought by AMO relating to femtosecond laser cataract surgery systems, including asserting counterclaims of infringement against AMO and defending against IPR petitions filed at the PTO.
- Representing Motorola Solutions against Hytera Communications in a patent infringement action in the Northern District of Illinois.
- Represented LivePerson (LivePerson v. [24]7.ai) in action for trade secret misappropriation, among other torts. Part of the trial team that secured $30 million in compensatory and punitive damages for trade secret misappropriation and unfair competition.
- Defended Apcon against Gigamon (Gigamon Inc. v. Apcon, Inc.) in a six-patent infringement action in the Eastern District of Texas involving computer networking technology, resulting in a complete jury verdict of noninfringement and invalidity for Apcon.
- Defended Teva Pharmaceuticals USA in Hatch-Waxman litigation involving eight patents, including claims to methods of treatment, formulations, and hydrated forms against Celgene (Celgene Corporation v. Hetero Labs Limited) arising from Teva’s submissions of an ANDA seeking approval to manufacture and sell generic versions of Celgene’s Pomalyst® (pomalidomide) used to treat multiple myeloma.
- Defended Teva in Hatch-Waxman litigation against Galderma (Galderma v. Teva) concerning Teva’s ANDA seeking approval to manufacture and sell generic versions of Galderma’s Soolantra® (ivermectin) used to topically treat rosacea.
- Defended Watson in a patent infringement lawsuit (Alcon Research, Ltd. v. Watson Laboratories, Inc.) arising from Watson’s submissions of Abbreviated New Drug Applications (“ANDA”) to the Food and Drug Administration (“FDA”) seeking approval to manufacture and sell generic versions of Alcon’s Ilevro® (nepafenac ophthalmic suspension) 0.3% used to treat pain and swelling associated with cataract surgery.
- Defended Actavis in a patent infringement lawsuit (Supernus Pharmaceuticals, Inc. v. Actavis, Inc. et al.) arising from Actavis’s submission of an ANDA to the FDA seeking approval to manufacture and sell generic versions of Supernus’s Trokendi XR® (topiramate) used to treat migraine and certain types of epilepsy.
- Defended Energy Labs in patent infringement lawsuit filed by Nortek Air Solutions (CES Group, LLC v. Energy Labs, Inc. et al) asserting six patents and accusing Energy Labs’ custom air handling units in the Northern District of California. Obtained jury verdict of non-infringement for all claims and invalidity on the majority of asserted claims.
Prior to joining Kirkland & Ellis LLP in 2015, Kristen:
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Represented Petitioner in two Covered Business Method Review Trials (American Express Company et al. v. Metasearch Systems, LLC). Obtained decisions of unpatentability under Sections 101 and 103 for all claims challenged for two patents directed to online searching and travel booking methods.
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Represented Appellee in Federal Circuit appeal of Walker Digital LLC v. Amazon.com Inc., et al. from the District of Delaware. Obtained affirmance of dismissal for lack of standing in patent litigation lawsuit involving patents directed to online business methods.
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Represented title insurance company as plaintiff in trademark infringement lawsuit involving improper use of trade name and trademark in online advertising, obtaining favorable settlement.
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Defended mobile device maker in patent infringement lawsuits involving 3G and 4G LTE technologies in the Northern District of California and Eastern District of Texas.
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Defended electricity meter company in patent infringement lawsuit in the District of Oregon.
Clerk & Government Experience
Judicial ExternHonorable John V. AcostaAugust 2010–December 2010
Prior Experience
Klarquist Sparkman, LLP, Associate, August 2011 to November 2015
Mentor Graphics, Corp, Legal Intern, January 2011 to April 2011
Bullivant Houser Bailey, PC, Summer Associate, June 2010 to August 2010
ZY Partners, IP Law Extern, Beijing, China, June 2009 to August 2009
Klarquist Sparkman, LLP, Patent Agent, January 2007 to August 2008
More
Recognition
Credentials
Admissions & Qualifications
- 2011, Oregon (inactive)
- 2016, California
- Registered to practice before the United States Patent and Trademark Office
Courts
- United States Court of Appeals for the Federal Circuit
- United States District Court for the Northern District of California
- United States District Court for the Eastern District of Texas
- United States District Court for the District of Oregon
Education
- Lewis & Clark CollegeJ.D.summa cum laude2011
Lead Article Editor, Lewis & Clark Law Review
- Cornell UniversityPh.D., Physics2007
- Cornell UniversityM.S., Physics2005
- Grinnell CollegeB.A., Physics & Frenchwith Honors2001