Noah M. Leibowitz
Partner | New York
Noah M. Leibowitz

Noah M. Leibowitz focuses his practice on intellectual property and complex litigation, and particularly on matters involving scientific, technical and medical expertise in the pharmaceutical, biotechnology, healthcare and high-tech sectors.  Leveraging his scientific and technical expertise, Mr. Leibowitz has significant experience leading trial teams as first chair counsel in patent jury trials.  He has represented innovator pharmaceutical companies in Hatch-Waxman cases, as well as pay-for-delay antitrust litigation, and litigation and arbitration over licensing and drug development deals. In addition, he negotiates complex intellectual property license agreements and provides advice on intellectual property issues in merger and acquisition transactions and securities offerings. Mr. Leibowitz has taken part in over 100 consummated or contemplated transactions and offerings for clients ranging from leading technology companies, to pharmaceutical companies at the forefront of innovation. 

Mr. Leibowitz is routinely recognized by IAM Patent 1000 as a leading patent litigator in New York, where in 2023, he was noted as being “at his best when operating in the high-technology industry.” In 2022, IAM described Mr. Leibowitz as having "abundant experience leading trial teams in Hatch-Waxman cases," and in 2020, hailed him for “the business sense he brings to litigation, cultivated through extensive involvement in transactional IP practice." He has previously been recognized by Super Lawyers as a leading intellectual property litigation lawyer in New York and has authored numerous articles in legal publications. He co-authored the chapter on "Special Considerations in Hatch- Waxman Litigation" in the second and third editions of Anatomy of a Patent Case, prepared by the Complex Litigation Committee of the American College of Trial Lawyers, as well as the chapter on American law in Intellectual Property in the Life Sciences.

Prior to joining Dechert, Mr. Leibowitz was a partner at Simpson Thacher & Bartlett.

  • Lead trial counsel for IOENGINE in cases involving secure USB storage devices. Two juries found all asserted claims of IOENGINE’s patent valid and infringed, and credited IOENGINE’s founder as the sole inventor of the patented technology, collectively awarding over US$12 million in damages for past infringement.
  • Obtained a complete dismissal with prejudice of all allegations against Daiichi Sankyo and its U.S. subsidiary as lead counsel in the Lipitor “pay for delay” litigation. The decision was affirmed by the Third Circuit Court of Appeals and the Supreme Court denied certiorari.
  • Daiichi Sankyo in an ICC arbitration seated in Singapore, stemming from its acquisition of a majority interest in Ranbaxy. The arbitral tribunal found that the former owners of Ranbaxy fraudulently concealed and misrepresented the nature and severity of FDA and DOJ investigations of Ranbaxy, and awarded Daiichi Sankyo the rupee-denominated equivalent of over US$525 million, including fees, interest and costs.
  • Daiichi Sankyo (formerly Daiichi Pharmaceutical) in litigation to enforce Daiichi's patent on its multibillion dollar-dollar-per-year anti-ineffective LEVAQUIN® (levofloxacin) against numerous generic filers.  The case against the first generic filer was won after a two month trial in the Northern District of West Virginia and affirmed by the Federal Circuit Court of Appeals. Cases against additional generic filers were resolved by successful motions for summary judgment.
  • Daiichi Sankyo in Hatch-Waxman challenges to BENICAR® (olmesartan), BENICAR® HCT (olmesartan / hydrochlorothiazide) and AZOR® (amlodipine / olmesartan) products. The cases were consolidated and tried to successful outcome in the District of New Jersey.  The Federal Circuit Court of Appeals affirmed.
  • Eli Lilly in a challenge to the Cabilly patents over Lilly’s cancer treatment ERBITUX® (cetuximab).
  • Human Genome Sciences in a series of patent and antitrust cases over HGS’s BENLYSTA® (belimumab), the first FDA approved treatment for systemic lupus in over 50 years.
  • Obtained a preliminary injunction for Biosynexus, Inc. in a licensing dispute  related to the development of a monoclonal antibody therapy for the prevention of staphylococcal infections in premature babies.

Includes matters handled at Dechert or prior to joining the firm.

  • 14th Annual Paragraph IV Disputes Conference — Virtual (October 6-7, 2020)

    Speaker, "Devising Strategies for Proving Infringement and Defending Validity" panel.
  • 35th Annual Joint Patent Practice Seminar — New York, NY (May 2, 2019)

    Speaker, "Hot Topics re. §101 and §102" breakout session.
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    • Columbia University, B.A., 1996, magna cum laude
    • Columbia Law School, J.D., 1999, James Kent Scholar, Harlan Fiske Stone Scholar
    • New York
    • New Jersey
    • Supreme Court of the United States
    • United States Court of Appeals for the Federal Circuit
    • United States Court of Appeals for the Second Circuit
    • United States Court of Appeals for the Third Circuit
    • United States District Court for the Eastern District of New York
    • United States District Court for the Southern District of New York
    • United States District Court for the District of New Jersey