Stephen S. Rabinowitz, M.B.,Ch.B., D.Phil.

Stephen-Rabinowitz

Stephen S. Rabinowitz, M.B.,Ch.B., D.Phil.

Partner

New York | Three Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 10036-6797
+1 212 698 3892 | +1 212 698 3599

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Stephen S. Rabinowitz, M.B.,Ch.B., D.Phil. focuses his practice on patent litigation with an emphasis on life sciences matters, particularly pharmaceuticals and biotechnology. He has litigated patent cases concerning recombinant DNA technology, nucleic acid amplification, proteins, medical diagnostics, dietary supplements and pharmaceuticals, including Hatch-Waxman actions arising from Abbreviated New Drug Applications with Paragraph IV certifications.

In 2019, Dr. Rabinowitz was profiled in the “Intellectual Property Trailblazers” list by The National Law Journal, recognizing top legal professionals in the United States who have “moved the needle” in intellectual property law.

In addition to his legal qualifications, Dr. Rabinowitz completed his medical training and internship at Groote Schuur Hospital in Cape Town, going on to perform research at the Sir William Dunn School of Pathology and Balliol College, University of Oxford, where he received a D.Phil. in immunology. Subsequently, he was a pathology resident at the Brigham and Women’s Hospital, Harvard Medical School.

Experience
  • Genentech Inc., Hoffmann-La Roche Inc., Roche Palo Alto LLC  v. Endo, Dr. Reddy’s. Dr. Watson’s. Mylan, Sandoz, Apotex Inc. (U.S. District Court, Delaware, Northern District of California). Represented plaintiffs in multiple Hatch-Waxman actions concerning antiviral pharmaceutical for treatment of Hepatitis C Virus (HCV) infections. 
  • Cepheid v. Roche Molecular Systems Inc. (U.S. District Court, Northern District of California). Represented claimant in international arbitration concerning polymerase chain reaction (PCR) technology; defeated parallel declaratory judgment action commenced by the respondent.
  • Gilead Sciences Inc. v. Merck & Co. Inc. (U.S. District Court, Northern District of California). Represented patent-owners and counterclaimants in a declaratory judgment action concerning pharmaceutical for treatment of Hepatitis C Virus (HCV) infection.
  • In re Hoffmann-La Roche Inc. (Court of Appeals for the Federal Circuit). Represented defendant in patent infringement action concerning a pharmaceutical for treatment of HIV infection; obtained writ of mandamus directing transfer from the Eastern District of Texas.
  • Carnegie Mellon University v. Hoffmann-La Roche Inc. (U.S. District Court, Northern District of California, Court of Appeals for the Federal Circuit). Represented defendants/appellees in patent infringement actions concerning plasmids for expressing recombinant DNA polymerase enzymes; obtained summary judgment that all 72 asserted claims were not infringed or invalid for lack of written description, which was affirmed on appeal by the Federal Circuit. . 
  • 454 Life Sciences Corp. v. Ion Torrent Systems, Inc. et al. (U.S. District Court, District of Delaware).  Represented patent-owner in action for infringement of patents directed to technology for Next-Generation Sequencing by emulsion PCR. 
  • Institut Pasteur et al. v. Abbott Laboratories (U.S. District Court, Northern District of Illinois).  Represented patentee in action for infringement of patent claiming methods of detecting infection with HIV-2.
  • Roche Molecular Systems, Inc. v. Cepheid (Court of Appeals for the Federal Circuit).  Represented plaintiff in action for infringement of patent claiming primers and PCR methods of detecting Mycobacterium tuberculosis (MTB) infection and antibiotic resistance.

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

Education
  • University of Cape Town, M.B.,Ch.B., 1981, with Honours
  • University of Oxford, D.Phil., Immunology, 1990
  • Harvard Law School, J.D., 1994, cum laude
Admissions
  • New York
  • 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 Northern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the Northern District of California
  • United States District Court for the District of Columbia
  • United States District Court for the Southern District of Texas
  • United States Patent and Trademark Office
Memberships
  • American Bar Association
  • New York Intellectual Property Law Association
  • Association of the Bar of the City of New York
Speaking Engagements
  • Paragraph IV Disputes Conference — New York, NY (April 29-30, 2019)

Speaker, "The Supreme Court Weighs in on the On- Sale Bar and the State of Secret Prior Art." This panel will explore the current state of on-sale bar jurisprudence as they engage in a lively point-counterpoint discussion in view of the monumental decision Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.

  • Managing Intellectual Property US Patent Forum 2019 — New York, NY (April 3-4, 2019)

Speaker, “Counteracting the flux of patent eligibility” panel. Topics include: Tracking the evolution of subject matter eligibility in the US, Consequences of Alice for patent owners: new section 101 guidance?, Meeting the demands of new technologies, and Integrating open-source and patents. For more information, visit the event page