Stephen S. Rabinowitz

Stephen-Rabinowitz

Stephen S. Rabinowitz

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.D., Ph.D. 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 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. v. Apotex Inc., No. 3:11-cv-02410-JSW (N.D. Cal. March 10, 2014) Counsel for plaintiffs in Hatch-Waxman action concerning antiviral pharmaceutical Valcyte; defeated a motion for summary judgment of noninfringement.
  • Cepheid v. Roche Molecular Systems Inc., No. 3:12-cv-4411-EMC (N.D. Cal. Jan. 17, 2013) Counsel for claimant in international arbitration concerning polymerase chain reaction (PCR) technology; obtained a stay of parallel declaratory judgment action under the Federal Arbitration Act.
  • Gilead Sciences Inc. v. Merck & Co. Inc., No. 5:13-cv-04057-BLF (N.D. Cal.) Counsel for 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., 587 F.3d 1333 (Fed. Cir. 2009) Obtained writ of mandamus directing transfer, from the Eastern District of Texas, of a patent infringement action concerning a pharmaceutical for treatment of HIV infection.
  • Carnegie Mellon University v. Hoffmann-La Roche Inc., 541 F.3d 1115 (Fed. Cir. 2008) Arguing counsel for prevailing defendants/appellees in a patent infringement action concerning plasmids for expressing recombinant DNA polymerase enzymes; all 72 asserted claims held not infringed or invalid for lack of written description.

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

Education
  • University of Cape Town, MBChB, 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