Naomi Birbach

Naomi Birbach is a Partner in the Intellectual Property Litigation group at Goodwin Procter LLP, specializing in patent disputes across diverse technology sectors. Her practice encompasses pharmaceuticals, particularly Hatch-Waxman and biosimilar litigation, as well as electronic devices, display systems, software, mobile phone, and telecommunications technologies. Prior to her legal career, Ms. Birbach served as a patent examiner at the U.S. Patent and Trademark Office, providing her with a foundational technical understanding.

Ms. Birbach handles patent litigation for both plaintiffs and defendants, representing operating companies and generic drug manufacturers. Notable defense work includes representing defendants in Ultravision Technologies, LLC v. Shenzhen Absen Optoelectronic Co., Ltd., where a jury found non-infringement and invalidity for LED display patents, and securing a motion to dismiss for Facebook in Gabara v. Facebook, Inc. concerning patent-eligible subject matter related to Facebook Messenger and 3D Photos. In the pharmaceutical space, she successfully represented Actavis in Cosmo Technologies Ltd. et al. v. Actavis Laboratories FL, Inc. against Hatch-Waxman claims, with the District Court finding no infringement and the Federal Circuit affirming. She has also represented Teva Pharmaceuticals USA, Inc. in multiple Hatch-Waxman actions, including defeating a temporary restraining order in a case involving generic ABILIFY® that later settled favorably. On the plaintiff side, she was involved in Samsung Electronics Co. Ltd. v. VB Assets, LLC, a case asserting voice recognition and natural language understanding patents, which concluded with a dismissal reflecting an underlying licensing resolution.

A significant aspect of her practice involves representing clients before the Patent Trial and Appeal Board (PTAB) in post-grant proceedings, including inter partes reviews (IPRs). She is recognized for her expertise in this area by Legal 500.

Ms. Birbach earned her J.D. cum laude from Georgetown University Law Center in 2013 and her B.A. from Cornell University in 2008. She is admitted to practice in New York and New Jersey, and before the U.S. Patent and Trademark Office, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Federal Circuit.