Rachael Bacha has practiced in the firm’s intellectual property litigation group since 2010, with trial experience in both federal district courts and the ITC. Rachael has a degree in Biology with a minor in Computer Science, and has worked with a wide variety of clients in varying technologies, including biotechnology, pharmaceuticals, medical devices, and computer software sciences.
Rachael has experience at all stages of litigation, from pre-suit investigation and risk assessment, through trial and appeal, including managing discovery, crafting winning briefs and motions, taking and defending fact and expert depositions, and presenting and cross-examining witnesses at trial. Rachael has also assisted with damages assessments at district court in both patent and trade secret matters, as well as domestic industry at the ITC.
During her time at the firm, Rachael has had the opportunity to extern with Mobilization for Justice (formerly MFY Legal Services) in their housing unit, and with the Brooklyn District Attorney’s Office, where she served as lead counsel on several criminal trials. Before joining Ropes & Gray, Rachael worked as a researcher for the E.J. Hubbard Lab at the Skirball Institute for Biomolecular Medicine, and also took a fellowship with the United Nations Development Programme’s Equator Initiative.
- Representing a medical device company in a case involving trade secret misappropriation and breach of contract involving technologies for flow cytometers.
- Representing a multinational pharmaceutical company in a group of lawsuits (N.D. Cal. and ITC) against competitors misleadingly marketing unapproved drug products as approved generic versions of client’s FDA-approved prescription drug.
- Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production (337-TA-1005): Represents CJ CheilJedang adverse to its competitor Ajinomoto in a two-patent dispute relating to genetically-modified bacteria for the production of L-tryptophan.
- Bayer HealthCare Pharmaceuticals Inc. et al. v. River’s Edge Pharmaceuticals LLC, et al.: Represented plaintiffs in an ANDA litigation involving Bayer’s DESONATE® topical corticosteroid cream.
- Represented a major consumer electronics company in defense of litigation regarding computer operating systems.
- NuVasive, Inc. v. Cadwell Labs.: Obtained favorable settlement on behalf of client in patent suit relating to intraoperative monitoring equipment.
- Shelbyzyme LLC v. Genzyme Corporation: Defended Genzyme's life-saving drug, Fabrazyme®, against charges of patent infringement. Obtained favorable settlement after a week-long jury trial and an order compelling Shelbyzyme to produce attorney-client privileged communications based on the crime fraud exception, and shortly before bench trial on Genzyme’s equitable defenses.
- Paltalk Holdings v. NCsoft Corporation, et al.: Obtained favorable settlement for defendant NCSoft Corporation in a patent infringement suit involving network communications software.
- Spark Networks v. Humor Rainbow: Represented plaintiff Spark Networks in a patent infringement suit involving technology related to online dating services.
- PerkinElmer, Inc. and NTD Laboratories v. Intema Limited: Represented PerkinElmer and NTD in patent infringement suit involving a method for screening for Down’s Synrome, resulting in invalidation of Intema’s patent.
- Co-author, “ITC Decision Shows Importance Of Public Interest For Biotech,” Law360 (January 21, 2020)
- Oliver Hughes, Joseph Corcoran, & Rachael Bacha, "Value-Added Secondary Processing for Conserving Biodiversity and Alleviating Poverty: Examples from the Equator," Biodiversity: Journal of Life on Earth, Vol. 11, No. 1 & 2, 9-12 (2010)
- M.S. Suneetha & Balakrishna Pisupati, "Learning from the Practitioners: Benefit Sharing Perspectives from Enterprising Communities," (2009) - (Editorial)
- David Michaelson, John Maciejowski, Jessica Dy-Johnson, Chris Ryan, Rachael Bacha, Dina Esposito, E Jane Hubbard, “Soma-germline Interactions Required for Robust Larval Germline Proliferation,” (2006)
- Mobilizing Trade for Development: Capacity Building in Ghana Through the African Growth and Opportunities Act; Accra, Ghana, August 5-7, 2009; Kumasi, Ghana (August 11, 2009)
- JD, Fordham University School of Law, 2009
- BA (Biology (major) Computer Science (minor)), New York University, 2006
Admissions / Qualifications
- New York, 2010
- U.S. Patent and Trademark Office, 2018
- U.S. Court of Appeals for the Federal Circuit, 2013
- U.S. District Court for the Southern District of New York, 2018