Rachel J. Lin is counsel in the Intellectual Property Group. She focuses on intellectual property strategy in conjunction with business considerations and advises on patents, trade secrets and trademarks.
She also counsels and provides opinions, due diligence, strategy and intellectual property agreements in connection with mergers and acquisitions. In addition, Rachel has litigation experience in pharmaceutical and Hatch-Waxman litigation.
Rachel is an adjunct professor at Fordham University School of Law, supervising patent prosecution and client counseling in the Samuelson-Glushko Intellectual Property and Information Law Clinic.
Prior to joining Tarter Krinsky & Drogin, Rachel was a patent attorney at Colgate-Palmolive Company, where she managed and supported the global patent portfolio for the personal care and home care divisions.
I am a fanatic about:
Reading, the art of the handwritten letter
Quote I live by:
"Well done is better than well said." - Benjamin Franklin
Favorite NY landmark:
Grand Central Station
Intellectual Property Counsel Rachel Lin joined Litigation partner and host Rich Schoenstein to discuss Patenting Natural Ingredients on the latest episode of Law Brief. Rachel and Rich talk about the circumstances under which a patent might be obtained for products containing or based on natural ingredients. Listen to the episode.
We have been celebrating the brilliant women of Tarter Krinsky & Drogin all Women’s History Month long. They are integral to the success of our firm, clients and community. In this installment, learn more about Intellectual Property Counsel Rachel Lin.
Amy Goldsmith and Rachel Lin were quoted in “Brexit’s Impact on Intellectual Property Rights” published by Inside Counsel.
Tarter Krinsky & Drogin LLP is pleased to welcome Rachel J. Lin as a Counsel in the Intellectual Property Practice.
On August 6, Amy Goldsmith and Rachel Lin will speak to lawyers at Burke, Warren, MacKay & Serritella on Tarter Krinsky & Drogin’s Intellectual Property practice during a monthly lunch and learn series. Our full-service IP group offers protection for the global interests of companies in a variety of industries, including tech, life sciences, luxury goods and consumer products. Burke Warren is the Chicago member of Lawyers Associated Worldwide (LAW), a global association of independent law firms located in more than 50 countries with more than 4000 lawyers internationally.
On June 12, Intellectual Property counsel Rachel Lin will speak on a breakfast panel at Soho House on intellectual property for startups. During the open forum discussion, Rachel will help entrepreneurs understand the costs and benefits of various IP assets in today’s startup environment and how IP issues can affect their small businesses.
On February 13, Intellectual Property counsel Rachel Lin will moderate a program titled, “Best Practices in Women’s Entrepreneurship Programs” at the Association of University Technology Managers (AUTM) annual meeting in Austin, TX. During the program, Rachel and her fellow panelists, which include representatives from two state universities and a female entrepreneur, will discuss the growing need to develop new strategies to increase the number of women founders commercializing university research.
On October 27 Tarter Krinsky & Drogin partnered with Lawline to host “Business in a Box” – a one-day series of CLE presentations designed to address the top legal issues facing emerging companies in growing and protecting their businesses.
The Biden administration has announced its support of a temporary waiver on intellectual property protections on COVID-19 vaccines, partially reversing its earlier opposition.
The COVID-19 pandemic has had an enormous and likely long-term impact on research into infectious diseases, ushering in a flurry of investigation into possible treatments and vaccines. The pandemic is also influencing how those in the wider healthcare system will bring relevant diagnostics and therapies to the market and ultimately to those in need.
Many of the future underlying innovations in diagnostics, treatments, vaccines, and other related healthcare services for COVID-19 will come from a university, research institution or other recipient of federal research funding. The desperate healthcare, social and political needs for these innovations may dramatically influence how future research and medical innovations enter the market and ultimately reach patients in need. As such, COVID-19 could substantially affect how both the United States and the world deal with similar crises in the future.
On May 8, 2020, the United States Patent and Trademark Office (USPTO) announced a new program for expediting certain COVID-19 related patent applications. Under the COVID-19 Prioritized Examination Pilot Program, the USPTO will grant requests for prioritized examination to small or micro entity status applicants without requiring payment of the typical prioritized examination fees. Also under this program, the USPTO will endeavor to reach final disposition of applications within six months if applicants are responsive.
In an important decision for the personal care and ingredients industries, the U.S. Court of Appeals for the Federal Circuit recently vacated a district court decision that held patent claims invalid as being directed to non-patent eligible subject matter in Natural Alternatives Int'l v. Creative Compounds, LLC (Case No. 18-295).
The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the USPTO.
For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular courts include the Eastern District of Texas and the Eastern District of Virginia. But not anymore... Last week, in a unanimous decision, the U.S. Supreme Court narrowed the possible venues for bringing patent infringement suits, holding that a defendant can be sued only as a "resident" of its state of incorporation, not in any state where it sells products. TC Heartland LLC v. Kraft Foods.
The U.S. Supreme Court recently held in a recent decision in Life Technologies Corp v. Promega Corp. that the "supply of a single component of a multicomponent invention for manufacture abroad does not give rise to § 271(f)(1) liability."
With the goal of fostering public commentary, the new domain name .SUCKS was approved by ICANN. Despite objections from some in the IP community, the sunrise period for .SUCKS is now open; it runs until May 29th.
Design patents continue to grow in importance for many industries. If your company designs tangible products or packages, there is a new, efficient way to seek international protection for design features.
The patent landscape has changed regarding business method patents.
In the summer of 2014, the Supreme Court issued a decision in Alice Corp. v. CLS Bank which invalidated certain business method patents related to finance. The basis for the invalidation was that the patents covered an abstract idea not eligible for patent protection.
Many agreements include an indemnification clause typically using language like this: “Party A will defend, indemnify and hold harmless all claims, losses and damages against Party B related to its use of the Technology.”
In Non-Disclosure Agreements, there is often boilerplate language that includes trade secrets in the definition of “Confidential Information.” This seemingly innocuous language can lead to problems for the owner of the trade secrets.
Be wary of giving up your rights for "lost profits." In most jurisdictions, there are two types of "lost profits": (1) those arising from general damages (recovery of money that a party agreed to pay under a contract); and (2) those arising from consequential damages (recovery of money lost based on other business arrangements). The first is generally easier to prove, but often a party in breach can be reasonably expected to pay the second.
Clearly define the grant provisions of all of your IP contracts. If you want to transfer or receive "intellectual property" or "technology," ensure that these terms are well defined and unambiguous. Definitions matter! By making the contract terms clear, you can potentially reduce (or eliminate entirely) future litigation costs.