Courtenay C. Brinckerhoff

Partner

Courtenay C. Brinckerhoff

Partner

Courtenay Brinckerhoff is an intellectual property lawyer, assisting international clients with all aspects of obtaining, defending, evaluating, licensing, and enforcing patents; and conducting freedom-to-operate and due diligence investigations. She is a partner and vice chair of the firm’s Intellectual Property Department, as well as the editor and primary author for Foley’s PharmaPatentsBlog.com, where she analyzes evolving patent office practices and precedential court decisions on emerging legal issues.

For more than 25 years, Courtenay has represented clients in diverse industries before the U.S. Patent Office, the Patent Trial and Appeal Board, and the U.S. Court of Appeals for the Federal Circuit. She has successfully represented clients in complex patent matters, including four-party interference, Inter partes Reexaminations, Inter partes Reviews, and ANDA litigation.

Courtenay works with clients across the chemical and biotechnology industries, including pharmaceutical, food, industrial, and energy sectors, pharmaceuticals, human and animal food products, nutraceuticals, medical devices, and industrial technologies.

She has particular experience with transdermal pharmaceutical products (patches, gels, and liquids), oral dosage forms (including controlled/extended-release formulations), enzyme-based technologies, microbial technologies, diagnostic and therapeutic antibodies, active and passive immunization therapies, and personalized medicine, as well as with industrial films, carbon nanotube technologies, biofuels, and carbon capture technologies.

Courtenay has served as vice chair of the firm’s Chemical, Biotechnology & Pharmaceutical Practice and is an active member of the firm’s PTAB Trials Practice and Life Sciences Industry Team.

Awards and Recognition

  • The Best Lawyers in America©, Patent Law (2021-2024) and Biotechnology and Life Sciences Practice (2023-2024)
  • IP Distinguished Alumni Award from George Mason University Antonin Scalia Law School (April 2017)
  • JD Supra Readers’ Choice Top Author (2017-2021) in the categories of pharmaceutical industry and patents for her work on the PharmaPatents blog
  • IAM Patent 1000 – The World’s Leading Patent Practitioners, patent prosecution (2014-2016, 2020-2021)
  • Top Women in IP, Managing IP (2015)
  • IP Star, Managing IP (2015)

Thought Leadership

Courtenay writes and speaks on topics important to clients in chemical, biotechnological, pharmaceutical, food, and personalized medicine industries. She has been an invited speaker at the AIPLA Annual Meeting, the FDLI Annual Meeting, the Intellectual Property Owner’s Association annual meeting, the PTAB Bar Association annual meeting, and the annual Advanced Patent Law Institute presented by the University of Texas School of Law, the United States Patent and Trademark Office, and George Mason University Antonin Scalia Law School.

Courtenay currently serves as a Vice Chair of the Intellectual Property Owner’s Association Patent Office Practice Committee and as a Vice Chair of the Appeals to the PTAB Committee of the PTAB Bar Association.

Courtenay has been following U.S. patent reform since its inception, and she and other Foley colleagues co-authored the treatise, America Invents Act: Law & Analysis (Wolters Kluwer 2012). The interface between patent law and FDA law is another area of interest, and she has written and spoken on issues including patent term extension, the scope of the Hatch-Waxman “safe harbor,” the ANDA litigation framework, and the biosimilars BPCIA framework.

 

19 February 2024 PharmaPatents

Which Significant USPTO Fee Increases Might We See in 2025?

If the U.S. Patent and Trademark Office (USPTO) is going to implement fee changes in January 2025, we should see a Federal Register Notice detailing the proposed fees soon.
12 February 2024 PharmaPatents

USPTO Releases Guidance on Rule 132 Declarations

The U.S. Patent and Trademark Office (USPTO) has released new training materials on “Declaration practice under 37 CFR 1.132 (Rule 132).”
29 January 2024 PharmaPatents

Testifying on the Patent Eligibility Restoration Act

24 January 2024 In the News

Courtenay Brinckerhoff Testifies Before Senate Subcommittee on Intellectual Property

Foley & Lardner LLP partner Courtenay Brinckerhoff appeared before the U.S. Senate Committee on the Judiciary Subcommittee on Intellectual Property on January 23, 2024, offering insight on the need to restore certainty to U.S. patent eligibility law and the Patent Eligibility Restoration Act of 2023.
18 January 2024 Blogs

USPTO Issues “Reasonable” Guidance on Enablement Under Amgen v. Sanofi

The USPTO has issued “Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al.”
20 December 2023 PTAB Trial Insights

USPTO Says Prior Art Date of AIA Patents is Not Limited By Dynamic Drinkware

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions.