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Stephanie E. O'Byrne

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As a former District of Delaware law clerk and a registered patent attorney, Stephanie E. O'Byrne focuses her practice on Delaware intellectual property litigation.

In addition to her litigation experience in private practice, Stephanie formerly served as the law clerk to the Hon. Sue L. Robinson from 2006-2012, during which time Stephanie was assigned over 450 patent cases across multiple technology areas and drafted dozens of opinions for the Delaware District Court. She continues to handle a wide range of intellectual property disputes in private practice, including representations involving pharmaceuticals, consumer electronics, medical devices, genetic technology, and computer software. She is also involved in trademark cases and contract disputes involving intellectual property.

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. Stephanie is an active member of the Delaware Bar and the Delaware Chapter of the Federal Bar Association.

Publications

  • And Then There Were Three: Del.'s Judge Robinson Set to Retire, Delaware Business Court Insider, March 22, 2017.
  • 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
  • United States Court of Appeals for the Third Circuit

Professional Activities and Honors

Federal Bar Association, Delaware Chapter

American Bar Association, Section of Litigation & Corporate Counsel Committee

Federal Circuit Bar Association Global Fellows Program participant, 2013-14