Lynde F. Herzbach Image

Lynde F. Herzbach

is an Associate with Birch Stewart Kolasch Birch LLP. She focuses her practice on intellectual property and technology, specifically in litigation, inter partes review proceedings, and patent prosecution. She has experience in all aspects of litigation, including discovery, motion practice, pre-trial and trial, and appeals to the Federal Circuit. Ms. Herzbach was part of a team that successfully represented a pharmaceutical company in a challenge to several patents through inter partes review. She also has experience with patent prosecution in the electrical engineering field. During her legal career, Ms. Herzbach has represented clients in the fields of software, electronics, medical devices, pharmaceuticals, and manufacturing processes.

Ms. Herzbach earned her J.D. from the University of Michigan Law School in 2006 and her B.S.E., cum laude, from the University of Michigan College of Engineering in 2002. While in law school, she was an Associate Editor of the Michigan Telecommunications and Technology Law Review. She also served as the Project Coordinator for the Family Law Project. Prior to joining BSKB, Ms. Herzbach previously worked for a New York law firm and an international law firm’s Silicon Valley office.

Recent Articles by Lynde F. Herzbach

Cuozzo and Broadest Reasonable Interpretation – Should the Ability to Amend Be Relevant?

On July 8, in In re Cuozzo, the CAFC denied en banc review of a prior panel decision that confirms the PTAB can use a different standard for interpreting claims than a district court. The patent owner in In re Cuozzo filed a Petition for a Writ of Certiorari to the Supreme Court on October 6, 2015. The response was due on November 9, 2015. If the Supreme Court takes up the issue, it could decide contrary to the current Federal Circuit precedent. It is also possible that Congress could change the standard for claim construction that applies to post-grant proceedings through legislation.