Contact Birgit:

(415) 810-4873

E-mail: birgit@chsblaw.com

Education
Ludwig-Maximilians-University Vordiplom Biology 1986


Ludwig-Maximilians-University Diplom Genetics 1990
 

Max-Planck Institut für Biochemie/Eberhard-Karls-

University Ph.D. Biology 1994
Santa Clara University J.D. 1999 
Fluent in German

 

Bar and Other Memberships

State Bar of California

US Patent & Trademark Office

 

American Intellectual Property   Law Association (AIPLA)

 

American Bar Association (ABA)

 

The Bar Association of San Francisco

Birgit Millauer, Ph.D., Partner

Dr. Birgit Millauer provides sophisticated intellectual property advice to companies specializing in the life sciences. Before joining Chao Hadidi Stark & Barker, Birgit worked at major law firms including Dorsey & Whitney, and Fish and Richardson; she began her law career at the IP boutique Pennie & Edmonds.

During her fifteen years of practice, she has represented a number of American and European pharmaceutical and biotechnology clients and research institutions. Birgit’s experience includes strategic portfolio management, patent prosecution, freedom-to-operate studies, infringement and validity analyses, patent due diligence, patent portfolio evaluation, opposition and interference proceedings, patent appeals, patent litigation and intellectual property-related transactions. 

Before entering the field of law, Birgit conducted postdoctoral scientific research at the Max-Planck-Institut für Biochemie in Martinsried, Germany, and at Sugen Inc., in Redwood City, California. She has published groundbreaking work on the genetics and biochemistry of angiogenesis and, most notably, was co-inventor of a commercial cancer drug. 

Birgit has been a regularly invited lecturer at Stanford University, and has spoken at conferences about fields where science and law converge. She is also fluent in German (verbal and written) and has a basic knowledge of French. 

Representative Experience

  • Strategized and prosecuted intellectual property portfolios covering vaccines, biologics (such as therapeutic antibodies), combinatorial library technologies (such as phage display and small molecule libraries), small molecule therapeutics, diagnostics, proteomics, transgenic plants, microbiology, virology, immunology, oncology, microarray technologies, gene therapy, molecular and cellular biology, antibiotics, drug delivery, formulations, DNA technologies, imaging technologies, and medical devices. 

  • In connection with freedom to operate analysis, advised on alternative routes in product development that would avoid expensive licenses or litigation. 

  • Prepared opinions analyzing and evaluating validity and infringement of patents, and patentability of inventions.

  • Conducted intellectual property due diligence in connection with technology transactions, including evaluation of patent portfolios and license agreements.

  • Represented clients in interference proceedings, including representation of the German Cancer Research Center in the HPV16 vaccine (cervical cancer vaccine) interference against the NIH, which resulted in favorable settlement for the client. 

  • Advised in intellectual property-related transactions, including negotiating settle-ment agreements, license agreements, assignments, and consulting agreements. 

  • Conducted freedom to operate analyses for a large variety of products and technologies, including complex products (such as therapeutic antibodies), and mixed technology products (such as diagnostic apparatuses with software allowing diagnostic tests to run against multiple infectious agents simultaneously). 

  • Provided litigation support, including expert preparation, claim interpretation, Markman hearings, and discovery matters.

  • Represented a number of major pharmaceutical and biotechnology clients both in the US and Europe.

Publications

The § 102(b) Foreign Filing Catch

Birgit Millauer, January 2010

CHAO HADIDI STARK AND BARKER LLP

Silicon Valley Office • (650) 325-0220

Boston Office • (774) 571-3513