N. Kaye Horstman

Associate Intellectual Property

New York +1 212 390 4337

N. Kaye Horstman

Overview

Kaye Horstman works in the New York office of Kirkland & Ellis LLP. Kaye’s practice focuses on patent litigation, but also includes counseling clients on patent strategy and due diligence. Kaye has experience on matters involving small molecule drugs, drug formulations, biologics and molecular biology technologies, as well as medical devices. Kaye’s experience covers all aspects of litigation, including pre-suit strategy, discovery and depositions, claim construction, summary judgment and trial.

Before attending law school, Kaye worked as a Scientific Advisor, also at Kirkland & Ellis LLP. In that role, she assisted in litigation and diligence matters involving pharmaceuticals, medical devices and biotechnology. Kaye also has experience in basic science research in microbiology and cost-effectiveness research on infectious disease treatment and prevention programs.

  • Representing Moderna in a patent infringement suit in D. Del. brought by Arbutus Biopharma and Genevant Sciences relating to Moderna’s COVID-19 vaccine.
  • Representing clients in a declaratory judgment action in D. Del. brought by pharmaceutical company relating to microbiota therapy.
  • Represented Alcon in a patent infringement suit in N.D. Tex. brought by HOYA, involving six patents related to intraocular lens insertion devices used in cataracts surgery, achieving summary judgment of no infringement on multiple patents and of no willful infringement. The case was resolved shortly before trial.
  • Represented individual inventor in patent litigation in W.D. Wash involving video laryngoscope medical device.
  • Represented university in confidential arbitration regarding patent licensing agreement over drug product.
  • Representing Boehringer Ingelheim in a patent infringement suit in D. Del. against 16 ANDA filers seeking approval to manufacture and sell generic versions of Boehringer’s JARDIANCE® (empagliflozin) products used to treat type II diabetes.

As a scientific advisor, Kaye assisted on multiple matters including:

  • A district court litigation arising from Defendants’ submissions of ANDA to the FDA seeking approval to manufacture and sell generic version of drug capsules to treat Parkinson’s Disease;
  • An action for patent infringement in district court opposing claims that many of client’s molecular biology products infringed multiple patents;
  • An action for patent infringement in district court related to enzymes used in the production of biofuels; and
  • An ITC Investigation, asserting infringement of patents covering hemostatic devices and their use in surgery.

Judicial InternHonorable F. Dennis Saylor IVUnited States District Court for the District of Massachusetts2020

Scientific Advisor, Kirkland & Ellis LLP, 2014–2017

Scientific Project Manager, Massachusetts General Hospital, 2013–2014

More

Thought Leadership

Legal Publications

Author, Comment, “Continuing Questions on the Constitutionality of IPRs: The Role of Precedent in the Arthrex v. Smith & Nephew Decision and the Ongoing Remedy Debates,” Harvard Journal of Law and Technology, 2020

Author, Comment, “Unpredictability of the Art and the Role of Efficacy Data in Patent Validity Challenges,” Harvard Journal of Law and Technology, 2019

Author, Case Comment, “Standing on Shaky Ground: Continued Uncertainties for Appellants of Failed IPR Challenges,” Harvard Journal of Law and Technology, 2019

Author, Comment, “Patents 101: A Path to DNA Primer Eligibility,” Harvard Journal of Law and Technology, 2018

Scientific Publications

Co-Author, “Potential Clinical and Economic Value of Long-Acting Preexposure Prophylaxis for South African Women at High-Risk for HIV Infection,” The Journal of Infectious Diseases, vol. 213, no. 10, 2016

Co-Author, “Phage shock proteins B and C prevent lethal cytoplasmic membrane permeability in Yersinia enterocolitica,” Molecular Microbiology, vol. 85, no. 3, 2012

Co-Author, “Stress response in the pathogenic Yersinia species,” Stress Response in Microbiology, Caister Academic Press, 2012

Co-Author, “Membrane association of PspA depends on activation of the phage-shock-protein response in Yersinia enterocolitica,” Molecular Microbiology, vol. 78, no.2, 2010

Credentials

Admissions & Qualifications

  • 2022New York
  • 2021Massachusetts

Education

  • Harvard Law SchoolJ.D.
  • Harvard T.H. Chan School of Public HealthM.P.H., Quantitative Methods
  • New York UniversityPh.D., Microbiology
  • Randolph-Macon Woman’s CollegeB.S., Biology