Libby Moulton

Libby Moulton is a Partner at Orrick, Herrington & Sutcliffe, specializing in high-stakes patent litigation with a focus on appellate strategy and post-trial proceedings. Her practice frequently involves serving as embedded appellate counsel for leading technology and life sciences companies such as Sonos, Zynga, and Netflix, handling complex legal issues across diverse industries. While her tracked appearances include a plaintiff-side role, her broader experience as appellate counsel demonstrates her work for both plaintiffs and defendants, assisting trial teams in defending and challenging verdicts.

Moulton's experience encompasses a range of high-tech and biomedical areas, including smart speaker technology, microfluidics platforms, anti-cancer drugs, and server architecture. A notable case is Sonos, Inc. v. Google LLC, where she served as appellate counsel for Sonos, successfully defending a $32.5 million damages verdict related to multiroom speaker technology. She was also instrumental in the Federal Circuit's decision to reverse a district court's finding of prosecution laches in that case. Her significant work includes assisting in overturning a $2.54 billion patent damages verdict in a pharmaceutical case and securing a complete defense verdict for Zynga in patent litigation. Additionally, she was part of an Orrick team whose amicus brief was cited by the U.S. Supreme Court in Impression Products, Inc. v. Lexmark International, a pivotal patent exhaustion ruling.

Moulton has demonstrated experience in Patent Trial and Appeal Board (PTAB) proceedings, notably achieving multiple wins at the PTAB while representing Zynga. Before joining Orrick, she gained valuable judicial experience through clerkships with Judge Raymond C. Clevenger III of the U.S. Court of Appeals for the Federal Circuit and Judge Ronald M. Whyte of the U.S. District Court for the Northern District of California. Her technical background includes prior service as a patent examiner in medical devices at the U.S. Patent and Trademark Office. She is admitted to practice in California.