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Sara Margolis

Sara Margolis's practice focuses on a broad range of trial and appellate matters, including intellectual property litigation. She joined MoloLamken in 2015 after working as an associate at Cravath, Swaine & Moore and serving as a law clerk to the Honorable Vincent L. Briccetti on the Southern District of New York. Prior to law school, Ms. Margolis worked at the Biotechnology Industry Organization, where she advocated on behalf of biotechnology companies.

Sara is an active member of the New York Inn of Court and the New York Intellectual Property Law Association.

Representative Matters

  • Successful defense on appeal of ruling confirming $147 million arbitral award against Ukrainian oil and gas company and rejecting $80 million in trade secret, fraud, and other counterclaims (OJSC Ukrnafta v. Carpatsky Petroleum Corp., No. 19-20011, 2020 WL 1671559 (5th Cir. Apr. 6, 2020))

  • Represent global financial institutions and investors pursuing multiple RMBS “putback” suits against mortgage originators and other responsible parties in state and federal courts

  • Represented creditor hedge fund at bench trial in Delaware bankruptcy court

  • Member of trial team representing activist investor in trial seeking appointment of equity committee in Delaware bankruptcy court

  • Represent senior executive of renewable energy company in connection with DOJ and SEC investigation and securities litigation

  • Represent senior executive of Fortune 100 company in connection with FCA and Anti-Kickback Act claims

  • Successfully represented pharmaceutical company defending district court’s denial of a preliminary injunction in light of plaintiff’s delay in seeking relief and pattern of licensing the asserted patents (Genentech, Inc. v. Amgen Inc., No. 19-2156 (Fed. Cir.))

  • Prevailed in the Federal Circuit as appellant from an Inter Partes Review, representing major pharmaceutical company (Merck Sharp & Dohme Corp. v. Wyeth LLC, No. 2018-2133 (Fed. Cir.))

  • Obtained reversal of district court judgment setting FRAND royalty rates on behalf of leading cellular wireless technology company (TCL Comm’cns Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, No. 18-1363 (Fed. Cir.))

  • Represent biopharmaceutical company in the Federal Circuit in an appeal regarding enablement in a patent dispute involving cholesterol-related drugs (Amgen Inc. v. Sanofi, No. 20-1074 (Fed. Cir.))

  • Represent pharmaceutical company defending district court’s denial of a preliminary injunction under the Biologic Price Competition and Innovation Act (Genentech, Inc. v. Immunex Rhode Island Corp., No.19-2155 (Fed. Cir.))

  • Represented pharmaceutical company in the Federal Circuit appealing a district court’s decision to nullify a $200 million jury verdict for patent infringement by invoking “unclean hands” (Gilead Scis., Inc. Merck & Co., 888 F.3d 1231 (Fed. Cir. 2018))

  • Successfully represented leading vaccine manufacturer in ICC arbitration relating to patented technology

  • Won summary judgment of non-infringement in representation of a Fortune 500 company in a dispute over an oil and gas plant (Pilot Energy Sols. v. Oxy USA, Inc., 16-687 (W.D. Tex.))

  • Represented criminal defendant charged with possession of narcotics and ammunition in SDNY

  • Represented government agency in connection with due process lawsuit relating to payday lending

  • Successfully represented federal prison warden in the Supreme Court addressing whether Bivens extends to actions undertaken by prison officials in connection with confinement of foreign nationals detained in the course of the government’s 9/11 terrorism investigation

  • Represented leading package delivery company in the D.C. Circuit challenging whether the U.S. Postal Service properly allocates costs caused by competitive products, like parcel delivery, to those products

Publications

Clerkships

  • Law clerk to the Honorable Vincent L. Briccetti, United States District Court for the Southern District of New York

Honors & Awards

New York Rising Star, Super Lawyers, 2020

Education

Columbia Law School, J.D.

Executive Editor, Columbia Business Law Review

Middlebury College, B.A., magna cum laude

Bar and Court Admissions

  • New York
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