R. Elizabeth Brenner-Leifer
Elizabeth Brenner’s practice focuses on trial and appellate patent litigation in U.S. District Courts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. She has substantial experience defending generic drug companies sued for patent infringement under the Hatch-Waxman Act, but her practice involves representing companies across all technologies. She has represented and counseled pharmaceutical, chemical, and biotech companies, medical device manufacturers, automotive and bicycle part manufacturers, electronic securities trading firms, and online media and retailing companies.
Ms. Brenner has defended numerous companies sued by patent trolls, and has litigated trademark, copyright, antitrust, and other business tort matters. She also has represented generic drug companies in FDA-related litigation. Ms. Brenner has a national practice and has litigated matters in California, Delaware, the District of Columbia, New Jersey, New York, Massachusetts, Pennsylvania, and South Carolina.
Ms. Brenner also has substantial appellate experience. She has argued before the U.S. Court of Appeals for the Federal Circuit, briefed numerous appeals to that court, and prepared a petition for writ of certiorari to the U.S. Supreme Court.
Ms. Brenner-Leifer began her legal career clerking for the Honorable Judge Alan D. Lourie of the United States Court of Appeals for the Federal Circuit (1998-2000). After clerking she was an associate at Foley & Lardner (2000-2004), where her work involved a mixture of patent litigation, U.S. and foreign patent prosecution in the chemical and biotechnology arts, and client counseling on patent-related issues, including infringement analyses and freedom-to-operate opinions.
Allergan, Inc. v. Galderma Labs., Inc., U.S. P.T.O. Interference No. 105,976 (2013
Cephalon, Inc. v. Mylan Pharms. Inc., Fed. Cir. No. 2013-1532, D. Del. No. 11-cv-164 (Robinson, J.)
Cyberfone v. CNN Interactive, Inc. et al., Fed. Cir. No. 2012-1673; D. Del. No. 11-cv-0829 (Robinson, J.)
Pfizer Inc. v. Teva et al., Fed. Cir. No. 2012-1576; D. Del. No. 09-cv-037 (Sleet, J.
Shimano, Inc. v. Rea, Fed. Cir. 2012-1286, US PTO Reexamination No. 95/001,051
Data Carriers cases, 6 cases filed, D. Del. in 2012-2013 (Stark, J.)
Teva Pharms. USA v. Synthon Pharms., Inc., S.D.N.Y. No. 12-cv-2556 (Jones, Pauley, J.J.
The New York Times v. Kachingle Inc., S.D.N.Y. No. 10-cv-7921 (Daniels, J.)
Otsuka Pharm. Co. v. Sandoz et al., D.N.J. No. 07-cv-01000 (consolidated) (Cooper, J.
Sepracor Inc. v. Breath Ltd., D. Mass. No. 06-cv-10043 (Woodlock, J)
Trilegiant, Corp. v Maritz Inc., D. Del. No. 04-cv-360 (Farnan, J.)
Cephalon, Inc. v. Mylan Pharms., Inc. et.al., D. N.J. No. 03-cv-1394 (Lifland, J.)
Mylan Pharms., Inc. v. Sebelius, D.D.C. No. 12-524 (Huvelle, J.)
Pfizer Inc. v. Mylan Labs., Inc., W.D. Pa. No. 02-cv-1628 (McVerry, J)
Investment Technology Group, Inc. v. Liquidnet Holdings, Inc., S.D.N.Y. 02-cv-510 (Scheindlin, J.)
Velander v. Garner, Fed. Cir. No. 02-1366, US PTO Patent Interference No. 104,242
In re Kierspe, Fed. Cir. No. 02-1045
Edberg v. CPI-The Alternative Supplier, Inc., Fed. Cir. No. 02-1008, D. Conn. No. 98-cv-716 (Arterton, J.)
Publications & Presentations
AIA From a Litigator’s Perspective (2012 presentation to Association of Intellectual Property Law Firms)
Introduction to Patent Law, DC Bar (2004, 2005)
Professional Affiliations, Honors & Recognition
Village of Drummond, Chevy Chase, MD (May 2011- present) Mayor (May 2013 – present)
Secretary (May 2011 – May 2013)
Law Clerk to Judge Alan D. Lourie, U.S. Court of Appeals for the Federal Circuit (Aug. 1998 – Aug. 2000)