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.

birgit@chsblaw.com

(650) 325-0220

Birgit specializes in pharmaceutical and biotechnology

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. 

  • 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. 

  • 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). 

  • 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.

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

  • 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.

Credentials

Admissions & Qualifications

  • State Bar of California

  • US Patent & Trademark Office

  • American Intellectual Property Law Association (AIPLA)

  • American Bar Association (ABA)

  • The Bar Association of San Francisco

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

© 2020 CHAO HADIDI STARK & BARKER LLP

icons8-flickr-50 (1).png