Rebecca T. Horwitz

Cases Tried or Otherwise Taken to Judgment

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

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.

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.

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