Rebecca T. Horwitz

Becca Horwitz is a nationally recognized patent and trial litigator and an essential resource for her clients as they tackle their most complex legal issues. Leveraging her extensive expertise in complex patent litigation through an innovative and efficient approach, Becca has been able to turn her clients’ most critical, high-stakes issues into resounding victories and positive business outcomes.

Becca served as an instrumental member of the Bartlit Beck team that achieved an inter partes review and appellate court victory for their client Gilead Sciences Inc. Becca defended Gilead’s blockbuster Hepatitis C treatment, sofosbuvir, from patent infringement claims made by Regents of the University of Minnesota. The win earned the Bartlit Beck team “Litigator of the Week” runner-up honors by The American Lawyer. Most recently, she and her trial team won a trial for Northwestern University on three patents involving collaborative robots. After just a few hours, the jury found the patents both valid and infringed.

She has been nationally recognized for her efforts in the courtroom, having been named a member of Benchmark Litigation’s “40 & Under Hotlist” for three consecutive years and as a “Future Star.” She has also been recognized as one of Lawdragon 500’s Leading Lawyers in America. In 2019, IAM Patent 1000 identified that sources referred to her as “the future of the profession.”

Becca also teaches at the University of Chicago Law School and is a 2024 LCLD Fellow.

Cases Tried or Otherwise Taken to Judgment

Telix Pharmaceuticals Limited, et al. v. Clarity Pharmaceuticals Ltd., et al. (C.D. Cal.)
Lead trial counsel for Telix Pharmaceuticals in a false advertising action against Clarity Pharmaceuticals for its false advertising campaign concerning Telix’s Illuccix® and Gozellix®, two FDA-approved imaging agents used in PET scans to detect prostate cancer.  

Northwestern University v. Universal Robots, et al. (D.Del. and N.D. Ill.)
Trial counsel (co-first chair) for Northwestern University in a patent infringement case against Universal Robots, a manufacturer of collaborative robots that were invented by Drs. Michael A. Peshkin and J. Edward Colgate at Northwestern University. After a four-day trial, the jury returned a verdict finding that Universal Robots infringed Northwestern’s patents and that Universal Robots failed to prove that the patents were invalid. The victory was recognized by Bloomberg, Law 360, and AmLaw.

State of New Mexico v. Walgreens
Trial counsel for Walgreens in case relating to the distribution and dispending of prescription opioid medications in New Mexico.

Adverio Pharma GMBH et al. v. Alembic Pharmaceuticals, Ltd. et al. (D. Del.)
Trial counsel for plaintiffs in Hatch-Waxman litigation relating to Bayer's Adempas® (riociguat) product. Case settled during trial.

Merck & Cie v. Watson Labs (D. Del., 2015)
Trial counsel for Merck & Cie and its exclusive licensee Bayer in Hatch-Waxman litigation against challenger seeking to market generic versions of the oral contraceptives Beyaz® and Safyral®. Complete trial victory for Merck and Bayer; reversed on appeal.

Drake v. Allergan (D. Vt., 2014)
Trial Counsel for Allergan in case involving claim that BOTOX® caused pediatric patient treated for muscle spasticity to experience seizures. Cross-examined life-care expert. Following a two-week trial, jury returned verdict for plaintiffs. Case settled during appeal.

Regents of the University of Minnesota v. Gilead Sciences, Inc., (N.D. Cal.)
Counsel for Gilead in patent infringement litigation related to Gilead’s hepatitis C treatments. District court litigation is currently pending. The Patent Trial and Appeal Board instituted an inter partes review and ruled that U.S. Patent No. 8,815,830 was invalid as anticipated by Gilead’s own disclosure of the compound sofosbuvir. Case is now on appeal.

Current Representations

Clinical Genomics v. Grail, Inc. (D. Del.)
Lead trial counsel for Clinical Genomics in patent infringement action against Grail, Inc. relating to its Galleri® cancer screening blood test. The asserted patents claim groundbreaking methods of detecting and analyzing the methylation status of genetic loci relevant to the early detection of cancer. Case pending. Read the complaint here, coverage in Bloomberg here, and coverage in Law360 here.

Northwestern University v. Moderna, Inc. et al. (D. Del.)
Trial counsel for Northwestern University in a patent infringement case against Moderna for its COVID-19 vaccine (Spikevax) and RSV vaccine (mRESVIA), which use lipid nanoparticles to deliver mRNA to human cells and confer immunity for COVID-19 and RSV. These lipid nanoparticles were invented by researchers at Northwestern University, including Dr. Chad Mirkin, Dr. C. Shad Thaxton, and Dr. Kaylin McMahon. The asserted patents claim groundbreaking work on synthetic lipid nanoparticles that mimic naturally-occurring lipoproteins to facilitate entry into human cells. The lawsuit is part of Northwestern’s overall stewardship of life-changing technology developed by its faculty through the enforcement of intellectual property rights, as well as technology licensing, corporate partnerships, entrepreneurial support, and startup creation. Read the complaint here, coverage in Reuters here, coverage in Bloomberg here, and coverage in Law 360 here.

Zentian, Ltd. v. Apple, Inc.; Zentian, Ltd. v. Amazon.com, Inc. (W.D. Tex.)
Trial counsel for Zentian in patent infringement actions regarding hardware speech recognition systems and architecture developed in the early 2000s. These technologies facilitate on-device speech recognition functions, including the “always on” wake word/phrase, dictation of text messages and notes, and/or speech recognition for Alexa and/or Siri user requests. Cases are currently pending.

Other Representative Cases

Gilead Sciences, Inc. v. Lupin, et. al. (D. Del.)
Trial counsel for Gilead in Hatch-Waxman litigation relating to Gilead's Biktarvy(r) (bictegravir) product for the treatment of HIV. All cases settled favorably. 

Northwestern University Collaborative Robots Patent Litigation
Lead counsel for Northwestern University in cases against six collaborative robots manufacturers (ABB, Fanuc, Kuka, Mitsubishi, Universal Robots, Yaskawa). Four cases were filed in the Northern District of Illinois; two cases were filed in the District of Delaware.

• Five cases settled favorably; one case proceeded to trial
• Defeated a motion to dismiss on 101 grounds in the N.D.I.L. and D. Del.
• Defeated institution of an IPR filed by ABB

ViiV Healthcare v. Gilead Sciences (D. Del.)
Counsel for Gilead in patent infringement case related to Gilead's Biktarvy® HIV treatment. Case settled favorably.

Gilead Sciences v. Mylan Pharmaceuticals (N.D.W. Va.)
Trial counsel for Gilead in Hatch-Waxman litigation relating to Evotaz®, an HIV treatment containing atazanavir and cobicistat.

Gilead Sciences v. Mylan Pharmaceuticals (D. Del.)
Counsel for Gilead in Hatch-Waxman litigation relating to Gilead's Tybost® (cobicistat) product.

1. U.S. Airways v. Sabre Inc. (S.D.N.Y. 2011-Present)
   Counsel for Sabre in U.S. Airways' antitrust action concerning Sabre's Global Distribution System.

Botox Litigation (Nationwide, 2013-2015)
Counsel for Allergan in cases involving allegations that BOTOX® causes various injuries. Obtained favorable settlements in three of the four cases in which we represent Allergan. Tried the fourth case to a jury verdict for plaintiffs.

Confidential Counseling

• Confidential counseling for life sciences company on trademark issue. 
• Confidential patent lifecycle counseling for multiple pharmaceutical and medical device companies.

Professional Activities and Community Service

Lecturer in Law, The University of Chicago, 2020-present

Leadership Council on Legal Diversity Mentor, 2020-present

Mentor, Outlaw, The University of Chicago, 2013-2020