Rachel J. Lin

Counsel

P 212.216.1152   F 212.216.8001

 
P 212.216.1152   F 212.216.8001   rlin@tarterkrinsky.com

Rachel J. Lin is counsel in the Intellectual Property Group. She focuses on intellectual property strategy in conjunction with business considerations and advises on patents, trade secrets and trademarks.

Rachel handles procurement and management of patents and trademarks in the fields of cosmetics, consumer products, diagnostic imaging, pharmaceuticals, biotechnology, medical devices, chemical compositions and processes.
 
She also counsels and provides opinions, due diligence, strategy and intellectual property agreements in connection with mergers and acquisitions.

Rachel is an adjunct professor at Fordham University School of Law, supervising patent prosecution and client counseling in the Samuelson-Glushko Intellectual Property and Information Law Clinic.

Prior to joining Tarter Krinsky & Drogin, Rachel was a patent attorney at Colgate-Palmolive Company, where she managed and supported the global patent portfolio for the personal care and home care divisions.

Community Involvement
  • Junior League of Bronxville
Education
  • Tulane University Law School, J.D 2000
  • Princeton University, B.S.E. in Chemical Engineering 1997
Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Community Involvement
  • Junior League of Bronxville
Languages
  • French
  • Mandarin Chinese
Memberships
  • New York Intellectual Property Association
  • New York City Bar Association
  • New York State Bar Association
  • American Institute of Chemical Engineers
  • Catholic Lawyers Guild
  • Association of University Technology Managers (AUTM)
Articles
  • Reforming Litigation Practices and Strategies,” NYIPLA Bulletin; 2011
Speaking Engagements
  • "Business in a Box: Intellectual Property," Lawline.com; 2013
  • “IP Protection of Natural Ingredients - When, Where and on What to Seek Patent Protection,” SpecialChem; 2009

I am a fanatic about:
Reading, the art of the handwritten letter

Quote I live by:
"Well done is better than well said." - Benjamin Franklin

Favorite NY landmark:
Grand Central Station

News

Events

  • Amy Goldsmith and Rachel Lin Speak About Tarter Krinsky & Drogin’s Full-Service Intellectual Property Practice at LAW Member Firm

    On August 6, Amy Goldsmith and Rachel Lin will speak to lawyers at Burke, Warren, MacKay & Serritella on Tarter Krinsky & Drogin’s Intellectual Property practice during a monthly lunch and learn series. Our full-service IP group offers protection for the global interests of companies in a variety of industries, including tech, life sciences, luxury goods and consumer products. Burke Warren is the Chicago member of Lawyers Associated Worldwide (LAW), a global association of independent law firms located in more than 50 countries with more than 4000 lawyers internationally.

  • Rachel Lin to Speak at Soho House on Intellectual Property for Startups

    On June 12, Intellectual Property counsel Rachel Lin will speak on a breakfast panel at Soho House on intellectual property for startups. During the open forum discussion, Rachel will help entrepreneurs understand the costs and benefits of various IP assets in today’s startup environment and how IP issues can affect their small businesses.

  • Rachel Lin to Moderate a Panel on Women’s Entrepreneurship Programs at AUTM Annual Meeting

    On February 13, Intellectual Property counsel Rachel Lin will moderate a program titled, “Best Practices in Women’s Entrepreneurship Programs” at the Association of University Technology Managers (AUTM) annual meeting in Austin, TX. During the program, Rachel and her fellow panelists, which include representatives from two state universities and a female entrepreneur, will discuss the growing need to develop new strategies to increase the number of women founders commercializing university research.

  • Firm Partners with Lawline on “Business in a Box” Series

    On October 27 Tarter Krinsky & Drogin partnered with Lawline to host “Business in a Box” – a one-day series of CLE presentations designed to address the top legal issues facing emerging companies in growing and protecting their businesses.

  • Prioritized Examination for Certain COVID-19 Related Patent Applications

    On May 8, 2020, the United States Patent and Trademark Office (USPTO) announced a new program for expediting certain COVID-19 related patent applications. Under the COVID-19 Prioritized Examination Pilot Program, the USPTO will grant requests for prioritized examination to small or micro entity status applicants without requiring payment of the typical prioritized examination fees. Also under this program, the USPTO will endeavor to reach final disposition of applications within six months if applicants are responsive.

  • Natural Ingredients May Be Patentable – No Heavy Lifting Required

    In an important decision for the personal care and ingredients industries, the U.S. Court of Appeals for the Federal Circuit recently vacated a district court decision that held patent claims invalid as being directed to non-patent eligible subject matter in Natural Alternatives Int'l v. Creative Compounds, LLC (Case No. 18-295).

  • State University's Filing of Patent Infringement Action Waives Sovereign Immunity to IPR Proceedings

    The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the USPTO.

  • U.S. Supreme Court Seriously Limits Forum Shopping for Patent Litigation in Unanimous Decision

    For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular courts include the Eastern District of Texas and the Eastern District of Virginia. But not anymore... Last week, in a unanimous decision, the U.S. Supreme Court narrowed the possible venues for bringing patent infringement suits, holding that a defendant can be sued only as a "resident" of its state of incorporation, not in any state where it sells products. TC Heartland LLC v. Kraft Foods.

  • Quantity - Not Quality - Counts for Patent Infringement: More Than One Component of an Invention Must be Supplied for Patent Infringement

    The U.S. Supreme Court recently held in a recent decision in Life Technologies Corp v. Promega Corp. that the "supply of a single component of a multicomponent invention for manufacture abroad does not give rise to § 271(f)(1) liability."

  • Legal Alert: .SUCKS is Here: Can Your Brand Be Protected?

    With the goal of fostering public commentary, the new domain name .SUCKS was approved by ICANN. Despite objections from some in the IP community, the sunrise period for .SUCKS is now open; it runs until May 29th.

  • Legal Alert: A New System For International Design Protection

    Design patents continue to grow in importance for many industries. If your company designs tangible products or packages, there is a new, efficient way to seek international protection for design features.

  • Legal Alert: Alice Corp. v. CLS Bank's Effect on Business Method Patents

    The patent landscape has changed regarding business method patents.
    In the summer of 2014, the Supreme Court issued a decision in Alice Corp. v. CLS Bank which invalidated certain business method patents related to finance. The basis for the invalidation was that the patents covered an abstract idea not eligible for patent protection.

  • Beware of the Boilerplate Series: "Defend, Indemnify and Hold Harmless"

    Many agreements include an indemnification clause typically using language like this: “Party A will defend, indemnify and hold harmless all claims, losses and damages against Party B related to its use of the Technology.”

  • Beware of the Boilerplate Series: Defining Confidential Information

    In Non-Disclosure Agreements, there is often boilerplate language that includes trade secrets in the definition of “Confidential Information.” This seemingly innocuous language can lead to problems for the owner of the trade secrets.

  • Beware of the Boilerplate Series: Limitation of Liability

    Be wary of giving up your rights for "lost profits." In most jurisdictions, there are two types of "lost profits": (1) those arising from general damages (recovery of money that a party agreed to pay under a contract); and (2) those arising from consequential damages (recovery of money lost based on other business arrangements). The first is generally easier to prove, but often a party in breach can be reasonably expected to pay the second.

  • Beware the Boilerplate Series: Always Define the Meaning of "Intellectual Property"

    Clearly define the grant provisions of all of your IP contracts. If you want to transfer or receive "intellectual property" or "technology," ensure that these terms are well defined and unambiguous. Definitions matter! By making the contract terms clear, you can potentially reduce (or eliminate entirely) future litigation costs.

Education
  • Tulane University Law School, J.D 2000
  • Princeton University, B.S.E. in Chemical Engineering 1997
Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Languages
  • French
  • Mandarin Chinese
Memberships
  • New York Intellectual Property Association
  • New York City Bar Association
  • New York State Bar Association
  • American Institute of Chemical Engineers
  • Catholic Lawyers Guild
  • Association of University Technology Managers (AUTM)
Articles
  • Reforming Litigation Practices and Strategies,” NYIPLA Bulletin; 2011
Speaking Engagements
  • "Business in a Box: Intellectual Property," Lawline.com; 2013
  • “IP Protection of Natural Ingredients - When, Where and on What to Seek Patent Protection,” SpecialChem; 2009

Rachel Lin

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