Rachel M. Walsh is a partner in Goodwin’s IP Litigation group and is a member of the firm’s Life Sciences Disputes group.
Rachel focuses her practice on practice on patent, trade secret, and other technology-related litigation. Her practice involves a variety of technologies, including semiconductors, medical devices, telecommunications, and biotechnology. She also has significant experience with standard-essential patents. She has represented clients through trial in district courts and has significant federal jury trial experience, including serving as second-chair trial counsel. She has conducted examinations of witnesses, prepared witnesses, managed trial activities, and prepared and argued pre- and post-trial motions. She has also successfully argued petitions at the Patent Trial and Appeal Board. Rachel is an approved panel counsel for RPX, the leading provider of patent risk solutions and insurance services. Rachel also advises companies in portfolio management, intellectual property strategy, and due diligence in transactions and IPOs.
Experience
Rachel’s matter highlights include:
- Otto Trucking, LLC, in defense of patent infringement, trade secret misappropriation and other state law claims. Achieved summary judgment victory for Otto Trucking
- A publicly listed cybersecurity company in defending claims of patent infringement and trade secret misappropriation. Following our client’s successful challenge to the plaintiff’s trade secret disclosure and the Court’s issuance of a protective order barring discovery by the plaintiff on its trade secret claims. Plaintiff dismissed its claims of trade secret misappropriation and also dismissed its patent infringement claims against our client
- A publicly listed cybersecurity company in asserting claims of patent infringement against a competitor in the U.S. District Courts in San Jose and San Francisco, California. As part of a multi-case resolution, our client voluntarily withdrew its claims, but without prejudice
- A wearable device company, winning dismissal of claims for lack of patentable subject matter, as well as attorney’s fees, before claim construction in a multi-patent litigation
- ARRIS, in IPR proceedings directed to validity of several Sony Corporation patents asserted against ARRIS subsidiary in co-pending district court patent infringement litigation. Obtained final written decisions invalidating all challenged claims in two Sony patents
- A multinational technology company, against patent infringement, trade secret misappropriation, contract, and fraud claims. Following a two-week jury trial and post-trial motions on claims seeking in excess of $500 million in damages, the judgment awarded the plaintiff just $33,000 in damages
- Preparing the damages case as part of a trial team that obtained a nine-figure patent infringement jury verdict for a non-profit medical research foundation
- Winning summary judgment on utility and design patent claims on behalf of a food packaging company
- Representing through trial a Fortune 100 company in a contract dispute over microchips
Credentials
Education
JD2006
Stanford Law School
BSChemistry, Biological Sciences2003
University of Missouri
Clerkships
U.S. District Court for the Northern District of California, Honorable William Alsup
Admissions
Bars
- California
Courts
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
Publications
Rachel has contributed to the following publications and presentations:
- Co-Author, "COVID-19 Litigation and Government Investigations in the U.S.: What We Are Seeing Now, And What the Future Holds," Goodwin Client Alert, April 2020
- Co-Author, “Protecting Data in the MedTech Industry,” MedTech Intelligence, August 2019
- Speaker, “Unlocking the Value of Data in MedTech: Protect Your IP, Protect Your Business: Trade Secrets Deep Dive (Part 2),” Goodwin Webinar, April 2019