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Stephanie E O'Byrne

Associate
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Ms. O'Byrne focuses her practice on litigation in the Delaware District Court.  She formerly served as the permanent patent law clerk to the Hon. Sue L. Robinson of the United States District Court for the District of Delaware from 2006-2012, during which time Stephanie was assigned over 450 patent cases across multiple technology areas and drafted dozens of opinions for the Court.  In addition to her work on Potter Anderson’s intellectual property cases, Stephanie assists the Litigation Group on other lead litigation in the District of Delaware and the Delaware Superior Court.   

Stephanie is an active member of the Delaware bar and the Delaware Chapter of the Federal Bar Association.  She currently serves on the organizational committee for the 2016 District of Delaware Bench and Bar Conference. 

Prior to joining Potter Anderson and the Court, Stephanie was an associate at Connolly Bove Lodge & Hutz, where she litigated patent infringement and trade secret actions, and worked on various patent prosecution and counseling projects.  Stephanie is admitted to practice before the U.S. Patent and Trademark Office, and has a B.S. in Biochemistry.  She was a participant in the Federal Circuit Bar Association’s 2013 Global Fellows Program.

Publications

  • IPRs and ANDA Litigation:  All a Matter of Timing, 62 Fed. Law. 54 (Jan./Feb. 2015).
  • Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio Ch. 20, 479-93 (Kenneth L. Dorsney, ed., ABA Book Publishing 2014).
  • On Trend: Rule 12 Dismissals Based on Patent Ineligibility Under § 101, The Federal Circuit Bar Journal, Vol. 23 No. 3 (March 2014).
  • Regaining the Balance of Hatch-Waxman in the FDA Generic Approval Process:  An Equitable Remedy to the Thirty-Month Stay, 59 N.Y.U. Ann. Surv. Am. L. 163 (2002).
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Education

Rutgers School of Law - Camden, J.D., 2003; Associate Editor, Rutgers Law Journal

The Richard Stockton College of New Jersey, B.S., 2000

Bar & Court Admissions

  • Delaware
  • United States District Court for the District of Delaware
  • United States Patent and Trademark Office
  • United States Court of Appeals for the Federal Circuit

Professional Activities and Honors

  • Federal Bar Association, Delaware Chapter:  Intellectual Property Section; Committee Member – 2016 District of Delaware Bench and Bar Conference Committee 
  • Federal Circuit Bar Association Global Fellows Program participant, 2013-14
  • Guest Speaker, Rutgers School of Law IP Association
  • Mock trial coach, Delaware Futures college preparatory program (2012-13 and 2007-08)