Caryn Borg-Breen is an accomplished first-chair patent litigator with more than 20 years of experience in patent litigation, client counseling, and prosecution. She combines the technical insight of a Ph.D. chemist with the strategic focus and competitive strengths of a trial attorney.
Caryn has represented both plaintiffs and defendants in patent litigation. A significant percentage of her practice over the last 15 years has been in Hatch-Waxman litigation, primarily representing brand pharmaceutical companies against generic ANDA filers in matters pending in the District of Delaware and District of New Jersey. In addition, she has argued numerous matters before the Federal Circuit and PTAB. She also has significant experience drafting and negotiating patent license agreements, covenants not to sue, and settlement agreements.
Experience
Representative Matters
- Obtained trial win as lead counsel for Horizon Therapeutics in a Hatch-Waxman case and successfully argued appeal before Federal Circuit
- Obtained win on summary judgment as co-lead counsel for Clarus Therapeutics in patent litigation
- Argued multiple cases before Federal Circuit and PTAB
- Extensive experience interacting with in-house IP counsel
Professional Highlights
Professional Activities
Chicago Women in IP
Coalition of Women’s Initiatives in Law
Recognition & Accomplishments
Managing IP, Americas, Award Shortlist – Illinois Practitioner of the Year in Litigation, 2021, 2022; “IP Star,” 2018-2021; "Top 250 Women in IP," 2022
LMG Life Sciences America, Finalist – General Patent Litigator of the Year in Midwest, 2020
The Best Lawyers in America, Litigation – Patent, 2020-2023
Speaking Engagements
“FDA Struggles To Foster an Affordable Biosimilar Insulin,” Law360, October 2019
“Garage Door Openers, Printer Toner Cartridges, and the New Age of the DMCA,” N.U. Law Review, 2006
“Synthesis and investigation of the redox properties of platinum-linked metallophosphine clusters: Model systems for extended one-dimensional cluster arrays,” Ph.D. Thesis 2000
“Synthesis of the Bifunctional Phosphinidene Cluster, Fe3(CO)9(μ3-PH)2 , and a Systematic Study of the Reactivity of the Cluster-Bound P−H Functional Group,” J. Am. Chem. Soc. 2000
Publications
“FDA Struggles To Foster an Affordable Biosimilar Insulin,” Law360, October 2019
“Garage Door Openers, Printer Toner Cartridges, and the New Age of the DMCA,” N.U. Law Review, 2006
“Synthesis and investigation of the redox properties of platinum-linked metallophosphine clusters: Model systems for extended one-dimensional cluster arrays,” Ph.D. Thesis 2000
Synthesis of the Bifunctional Phosphinidene Cluster, Fe3(CO)9(μ3-PH)2 , and a Systematic Study of the Reactivity of the Cluster-Bound P−H Functional Group,” J. Am. Chem. Soc. 2000
Credentials
Education
Northwestern University School of Law (J.D., cum laude, 2006)
University of North Carolina at Chapel Hill (Ph.D., Chemistry, 2000)
The College of William and Mary (B.S. magna cum laude, 1994)
Admissions
Illinois
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Northern District of Illinois
United States Patent and Trademark Office