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Noah M. Leibowitz
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-3098
Fax:  (212) 455-2502
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Noah M. Leibowitz is a Partner in the Firm’s Intellectual Property Group and Litigation Department.  He concentrates on representing clients in complex patent litigation, licensing disputes and in matters involving scientific, medical, and technical expertise.  Mr. Leibowitz has litigated patent cases in courts across the country and has experience in all aspects of such cases, including discovery, Markman hearings, dispositive motion practice, pre-trial, trial and appeal to the Federal Circuit.  He has litigated cases involving a variety of complex technologies, including semiconductor manufacturing and fabrication, computer hardware and software, videoconferencing and data conferencing systems and methods, pharmaceuticals, medical devices, global positioning systems and consumer products for clients such as Intel, Cisco, 3Com, Verizon, Verizon Wireless, Daiichi Sankyo, Q-Med, CSR, Avistar Communications, JDS Uniphase, Personal Chemistry, The Nielsen Company and others.

Mr. Leibowitz has particular experience in the pharmaceutical, health care and biotechnology industries and specializes in Hatch-Waxman patent litigation.  Since 2003, Mr. Leibowitz has represented Daiichi Sankyo (formerly Daiichi Pharmaceutical) in ongoing litigation to enforce Daiichi’s patent on its multibillion dollar per year blockbuster anti-infective Levaquin®.  Mr. Leibowitz was a member of the trial team that successfully defended the Levaquin® patent in an eight-week trial and on appeal.  In addition, Mr. Leibowitz successfully represented Daiichi Sankyo in Hatch-Waxman challenges to its multimillion dollar per year Benicar® and Benicar® HCT products in a case tried over three weeks in April and May 2009. 

Mr. Leibowitz represented Biosynexus, Inc., in a licensing dispute against Glaxo Group (a division of GlaxoSmithKline) and MedImmune, related to the development of a monoclonal antibody therapy for the prevention of staphylococcal infections in premature babies.  Mr. Leibowitz successfully obtained a preliminary injunction on behalf of Biosynexus and defended that decision on appeal.  Mr. Leibowitz also represented Q-Med in a Section 337 patent investigation in the U.S. International Trade Commission related to Q-Med’s Restylane® product. 

Mr. Leibowitz’s transactional practice includes negotiating complex collaboration, development and license agreements in the biotechnology, health care and pharmaceutical industries.  Mr. Leibowitz also negotiates agreements and conducts intellectual property diligence as part of merger and acquisition transactions and securities offerings.  Mr. Leibowitz has participated in over 100 consummated or contemplated transactions and offerings, many involving companies in the health care and pharmaceutical industries, including Abbott Laboratories, Accellent, Atricure, Cardinal Health, CSL Limited, Galen Holdings, Indevus Pharmaceuticals, Link Spine Group, Perseus Soros BioFund/Aisling Capital and Stieffel Laboratories.

Mr. Leibowitz received his A.B., magna cum laude, in Biology and Psychology from Columbia University in 1996 and his J.D. from Columbia Law School (James Kent Scholar, Harlan Fiske Stone Scholar) in 1999.  While in school, Mr. Leibowitz conducted independent research in a biochemistry laboratory, leading to publication in a peer-reviewed journal.

Publications
•  Intellectual Property in the Life Sciences: A Global Guide to Rights and their Applications
•  The Leahy-Smith America Invents Act
•  "Breaking State Street Bank: Redefining the Scope of Patentable Subject Matter for the 21st Century"
•  Microsoft v. AT&T: Limiting the Extraterritorial Reach of U.S. Patent Law
•  The Supreme Court Rejects Automatic Permanent Injunctions in Patent Cases in eBay v. MercExchange
•  In Phillips v. AWH, the En Banc Federal Circuit Refocuses Claim Construction on a Patent's Intrinsic Evidence
•  Has The Federal Circuit Finally Sunk Submarine Patents? The Doctrine Of “Prosecution Laches” Rises Again and May Render The Lemelson Patents Unenforceable - Symbol Technologies, Inc. v. Lemelson Medical, Education & Research Foundation, L.P.
•  Tilting at the Windmills of Inherency
Admissions
•  New York 2000
Education
•  Columbia Law School, 1999 J.D.
Kent Scholar; Stone Scholar
•  Columbia University, 1996 A.B.
Magna Cum Laude; Phi Beta Kappa



•  Intellectual Property
•  IP Litigation
•  Litigation
 
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