Eberle Schultz

Counsel

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Eberle Schultz is a skilled litigator who focuses on patent litigation with a particular emphasis on representing clients in the life sciences, biotechnology, pharmaceutical, and chemical industries. She frequently represents high-profile companies in patent litigations, many under the Hatch-Waxman Act, and has considerable experience in inter partes review proceedings before the Patent Trial and Appeal Board, Federal Circuit appeals, licensing disputes, innovator declaratory judgement actions, and patent validity opinions. Eberle’s patent litigation and counseling experience spans a wide array of technologies, including anti-cancer therapies, biologics, and consumer electronics, and extends to all phases of ligation, from pre-suit investigation to appeal and beyond.   

An effective litigator, Eberle anticipates her clients’ needs and works tirelessly on their behalf. Eberle counsels her clients in all aspects of complex patent litigation to help business achieve their strategic goals. 

Admissions

Bar Admissions

  • New York

Court Admissions

  • US District Court, Eastern District of New York 
  • US Court of Appeals, Second and Federal Circuits

Education

  • New York Law School, J.D.: magna cum laude
  • George Washington University, M.P.H., Public Health Management: cum laude
  • Wells College, B.A., Biochemistry and Molecular Biology

Professional Activities

Internships

  • Women’s Rights Project, American Civil Liberties Union

Member

  • New York State Bar Association
  • Federal Circuit Bar Association
  • Intellectual Property Owners Association
  • Women in Bio
  • ChIPs

Speaker

  • “BPCIA Patent Dance: Navigating the Biosimilar Litigation Landscape in 2020,” The Knowledge Group (February 6, 2020)
  • Representing international pharmaceutical company against multiple generic challengers in ANDA litigation on patents related to multiple myeloma treatment
  • Represented international pharmaceutical company against multiple challengers in inter partes review relating to breast cancer treatment patents
  • Represented international pharmaceutical company against multiple generic challengers in ANDA litigation on patents related to breast cancer treatment
  • Represented leading biopharmaceutical company in appeal of inter partes review decision relating to patents covering marketed biologics
  • Represented international consumer electronics company in litigation regarding the licensing of standard essential patents for digital television technology
  • Represented international pharmaceutical company against generic challenger in ANDA litigation on patents related to treatment for ophthalmic inflammation 
  • Represented international pharmaceutical company against biotechnology company in litigation regarding the licensing of recombinant antibody patents