We are deeply saddened by the passing of our friend and colleague Rachel Krevans. Rachel was a world-class litigator and, more importantly, an integral part of MoFo. She spent nearly all of her three decade-long career at MoFo in San Francisco, where she became one of the most successful and compelling intellectual property lawyers in the world. She will be greatly missed.
If you are interested in honoring Rachel’s memory, you may donate to charities that meant a great deal to her, including:
You may also donate in honor of Rachel Krevans to the Krevans Brieger Scholarship at the UC Davis School of Law, Rachel’s alma mater.
For more than 25 years, Rachel Krevans has tried patent disputes involving all manner of products in the electronics, materials science, chemistry, and life sciences areas.
Ms. Krevans’ contentious matters often involve some of the most difficult and complex circumstances. She delivered a victory on behalf of Sandoz Inc. in a suit brought by Amgen, which sought to delay Sandoz’s launch of its biosimilar drug Zarxio, in the first case to interpret the Affordable Care Act’s Biologics Price Competition and Innovation Act (BPCIA); Ms. Krevans argued and won the entire case in the district court. The case is set to be heard by the Supreme Court in 2017. Ms. Krevans also served as co-lead counsel in a high-profile smartphone case, leading to a jury verdict of more than $1 billion in 2012, and in five other smartphone victories at the International Trade Commission and in district court from 2012 through 2015.
She has been a leader in developing new models for winning tough cases. For example, she delivered a rare defense jury verdict of invalidity in favor of EchoStar in the Eastern District of Texas in 2007. The landmark case opened up new possibilities for the defense bar in East Texas. Another complex case involved Bayer, which was sued for patent infringement by Abbott Diabetes Care in the Northern District of California. After Bayer won summary judgment on one of the two patents, the case was quickly reassigned to a new judge who set a six-week timeline for a trial on the second patent. Bayer won at trial, prevailing on both patents and all asserted claims, including findings that one of the patents was unenforceable. After a complete defense victory on appeal as well, the Federal Circuit used the case as a vehicle to reconsider en banc the standard for proving unenforceability due to inequitable conduct before the United States Patent and Trademark Office. On remand, Ms. Krevans and her team prevailed again under the new, tougher standard.
Ms. Krevans’ work has involved an assortment of technologies—from DVRs, cable and satellite TV, computer-phone interfaces, electromechanical sensors, and smartphones, to rare earth magnets, catalysts, HIV and cancer treatments, vaccines, and blood, and antibody research.
Chambers describes Ms. Krevans as “one of the most thorough, calculating and technically astute IP lawyers around.” In 2014, she was inducted into the ChIPs Hall of Fame, a technology-focused women’s IP organization dedicated to promoting the advancement, development, and retention of women in IP-related fields. The American Lawyer has featured Ms. Krevans three times: as a Litigator of the Week in March 2015 and in August 2013, and as its cover story in March 2008. In 2015, Law360 recognized her as an IP MVP, and the National Law Journal named Ms. Krevans as a “Litigation Trailblazer.”
Ms. Krevans just finished seven years of service on the firm’s Executive Committee and on the Compensation Committee, and has served as chair of the firm’s Intellectual Property Litigation Group and co-chair of the cross-practice Intellectual Property Group. She is perennially recommended as a leading lawyer by third-party directories such as Chambers Global, Chambers USA, Legal 500, and Best Lawyers. The National Law Journal selected her as one of the 2015 Outstanding Woman Lawyers; California Lawyer honored her in 2008 and 2014 with the prestigious California Lawyer of the Year (CLAY) award in the IP category; she was named to The Recorder’s Women Leaders in Tech Law for 2013, 2014, and 2015; and the Daily Journal has selected her as one of the Top 75 Female Litigators in California from 2008 to 2015 and one of the Top 75 IP Litigators in California from 2010 to 2014. She was selected by her peers for inclusion in the Best Lawyers in America list since 2009 and named the Best Lawyers® 2017 Patent Law “Lawyer of the Year” in San Francisco. Law360 named her one of the 20 Most Influential Women in IP Law for 2014 and named her to its 2016 inaugural list of Top 25 Icons of IP; Benchmark Litigation included her in the 2013 list of the Top 250 Women in Litigation; and Managing IP included her in the 2013 list of the Top 250 Women in IP. In 2013, Ms. Krevans was named the Chambers USA Women in Law Intellectual Property Lawyer of the Year. In 2016, Ms. Krevans is ranked in the gold top tier for Patent Litigation in California in the IAM Patent 1000 which states, “She has dominated the smartphone space in recent years, but has blazed a trail in many different technology areas – whatever is hot at the moment, this top trial lawyer is bound to be involved.”
Ms. Krevans was a member of the Steering Committee for The Sedona Conference Working Group on Markman Proceedings (recommendations published in 2006) and she is currently participating in the Working Group on Patent Damages.
Ms. Krevans holds a B.A. from Dartmouth College and a J.D. from the University of California, Davis. After law school, she clerked for the Honorable Robert Boochever of the U.S. Court of Appeals for the Ninth Circuit.
Chambers describes Ms. Krevans as “one of the most thorough, calculating and technically astute IP lawyers around.” In 2014, she was inducted into the ChIPs Hall of Fame, a technology-focused women’s IP organization dedicated to promoting the advancement, development, and retention of women in IP-related fields. In 2013, she was named the Chambers USA Women in Law “Intellectual Property Lawyer of the Year.” She is perennially recommended as a leading lawyer by third-party directories such as Chambers Global, Chambers USA, The Legal 500, and Best Lawyers. The American Lawyer has featured her twice, as a “Litigator of the Week” in August 2013 and as its cover story in March 2008. California Lawyer honored her in 2008 and 2014 with the prestigious “California Lawyer of the Year” (CLAY) award in the IP category, she was named one of The Recorder’s “Top 50 Women Leaders in Tech Law” for 2013 and 2014, the Daily Journal has selected her as one of the “Top 75 Female Litigators in California” from 2008 to 2015 and one of the “Top 75 IP Litigators in California” from 2010 to 2014. Law360 named her one of the “20 Most Influential Women in IP Law” for 2014, Benchmark Litigation included her in the 2013 list of the “Top 250 Women in Litigation,” Managing IP included her in the 2013 list of the “Top 250 Women in IP,” and she was selected by her peers for inclusion in the 2016 Best Lawyers in America list.
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