Courtenay C. Brinckerhoff: Lawyer with Foley & Lardner LLP

Courtenay C. Brinckerhoff

Washington,  DC  U.S.A.

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Experience & Credentials

Practice Areas

  • Biosimilars
  • Life Sciences
  • Life Sciences Collaborations & Licensing
  • Medical Devices
  • Patent Office Trials
  • Personalized Medicine
  • Appellate
  • Business Method & Software Patents
  • Chemical, Biotechnology & Pharmaceutical
University University of Virginia, B.S., Chemistry, with distinction, 1988 Phi Beta Kappa
Law SchoolGeorge Mason University School of Law, J.D., summa cum laude, Valedictorian, 1999 Member, George Mason University Law Review
Admitted1999, Maryland; 2003, District of Columbia; registered to practice before U.S. Patent and Trademark Office

Courtenay Brinckerhoff is a partner and intellectual property lawyer with Foley & Lardner LLP. Ms. Brinckerhoff's practice focuses on client counseling in all aspects of obtaining, licensing and enforcing patents and conducting freedom-to-operate and due diligence investigations. She is chair of the firm's IP Law and Practice committee, immediate past vice chair of the firm's Chemical, Biotechnology & Pharmaceutical Practice and a member of the firm's Patent Trials group, Appellate Practice and Life Sciences Industry Team. She also is involved with Foley's Medical Device Initiative and Nutraceuticals Team. Ms. Brinckerhoff is the editor and primary author for Foley's

Over the past 20 years, Ms. Brinckerhoff has represented clients before the U.S. Patent Office, the Patent Trial and Appeal Board, and the U.S. Court of Appeals for the Federal Circuit. Ms. Brinckerhoff works with clients in diverse industries, including pharmaceuticals (chemical and biotechnological), human and animal food products, nutraceuticals, and medical devices. She has particular experience with transdermal pharmaceutical products (patches, gels and liquids), oral dosage forms (including controlled release and extended release formulations), enzyme-based technologies, diagnostic and therapeutic antibodies, active and passive immunization therapies, and personalized medicine.

Ms. Brinckerhoff joined Foley as an associate in the fall of 2001, after clerking for the Honorable Judge Schall on the U.S. Court of Appeals for the Federal Circuit. Prior to her clerkship, she worked at Foley as a patent agent and law clerk.


Ms. Brinckerhoff graduated from George Mason University School of Law (J.D., summa cum laude, 1999) as valedictorian of her class. While a law student, she served as a member of the George Mason University Law Review and published an article in the University of Baltimore Intellectual Property Law Journal related to legislation that limits liability for infringement of medical method patents.

Ms. Brinckerhoff graduated from the University of Virginia with a B.S. in chemistry, with distinction, in 1988 and was elected to Phi Beta Kappa. In 1988, Ms. Brinckerhoff received an award for outstanding achievement in chemistry from the Virginia Section of the American Chemical Society.

Thought Leadership

Ms. Brinckerhoff has been following U.S. patent reform since its inception, and she and other Foley colleagues recently co-authored the treatise, America Invents Act: Law & Analysis (Wolters Kluwer 2012). The interface between patent law and FDA law is another area of interest to Ms. Brinckerhoff, who has written and spoken on issues, including patent term extensions, the scope of the Hatch-Waxman "safe harbor," the ANDA litigation framework, and the new follow-on biologics framework.

Ms. Brinckerhoff regularly contributes to the "Genes & Patents" column of Genetic Engineering News, and writes and speaks on topics important to clients in the chemical, biotechnological, pharmaceutical, food, nutraceutical and medical device industries.


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Federal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff, October 15, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...

Federal Circuit Hears Arguments in Other Myriad Gene Patents Case
Courtenay C. Brinckerhoff, October 13, 2014
On October 6, 2014, the Federal Circuit heard oral arguments in a case involving the claims of the Myriad gene patents that were not invalidated by the Supreme Court’s 2013 decision. The Federal Circuit is reviewing the district court’s denial of Myriad’s motion for a preliminary...

Federal Circuit Upholds Inequitable Conduct Post Therasense For Withheld Information
Courtenay C. Brinckerhoff, October 7, 2014
In American Calcar, Inc. v. American Honda Motor Co., the Federal Circuit upheld the district court’s finding that three Calcar patents are unenforceable due to inequitable conduct. Both courts reached this decision of inequitable conduct post Therasense despite the fact that the validity of...

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Office Information

Courtenay C. Brinckerhoff

3000 K Street, N.W.
WashingtonDC 20007-5109


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