Rebecca T. Horwitz

Cases Tried or Otherwise Taken to Judgment

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

Carrum Technologies v. Ford Motor Company, Carrum Technologies v. BMW of North America, and Carrum Technologies v. Fiat Chrysler US (D. Del.)
Trial counsel for Carrum Technologies in patent infringement action against Ford, BMW, and Chrysler related to adaptive cruise control technology. Case pending.

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.

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.

Northwestern University v. Universal Robots, et al. (D.Del. and N.D. Ill.)
Lead trial counsel for Northwestern University in a series of patent infringement cases against the manufacturers of certain industrial robots that were invented at Northwestern University in the research laboratories of Drs. Michael A. Peshkin and J. Edward Colgate. The asserted patents—U.S. Patent Nos. 6,928,336, 6,907,317, and 7,120,508—claim groundbreaking work on intelligent assist systems known as collaborative robots or “cobots,” programmable robotic devices that can safely interact with human operators in a shared workspace. The lawsuits are 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, and coverage in the press here, here, and here.

Other Representative Cases

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

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.

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.

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