• University of California, Berkeley (Boalt Hall) (J.D., 2008); Berkeley Technology Law Journal, Associate Editor; Recipient of Prosser Prize in Food & Drug Law
  • New York University School of Medicine (Ph.D., Molecular Pharmacology, 2005)
  • New York University School of Medicine (M.S., Molecular Pharmacology, 2002)
  • University of Maryland Baltimore County (B.S., Biological Sciences, Minor in Spanish, 1998), cum laude; Phi Beta Kappa

Sandra Haberny is an associate in the Newport Beach office of Irell & Manella LLP, where she is a member of the firm's litigation and IP litigation practice groups. Dr. Haberny has extensive experience representing clients in a variety of commercial and patent litigation matters in both state and federal court. Her clients span numerous industries, including biotech, pharmaceutical, energy, and higher education, and her practice covers multiple areas of law including patent litigation and complex business litigation.

Some of Dr. Haberny's representative matters include:

  • Ariosa Diagnostics, Inc. v. Sequenom, Inc. Represents Ariosa Diagnostics in a patent infringement suit, in which Dr. Haberny and the Irell team successfully obtained a summary judgment ruling invalidating Sequenom’s patent for failing to claim patent-eligible subject matter. The decision gave Ariosa a complete victory and was among the first district court rulings invalidating a diagnostic patent in the life sciences field on Section 101 grounds. Dr. Haberny and the Irell team further obtained a highly publicized affirmance of the decision by the Federal Circuit.
  • University of Utah v. Max-Planck-Gesellschaft zur Foerderung der Wissenschaften, e.V., et al. Represents the defendants in an action that sought correction of inventorship on ten patents in the field of RNA interference as well as damages pursuant to various state law claims. Dr. Haberny obtained a summary judgment ruling that defeated all of plaintiff’s claims, resulting in a final judgment in favor of defendants and a complete victory in the case.
  • Verinata Health, Inc. v. Ariosa Diagnostics. Represents Ariosa Diagnostics in a patent infringement suit filed by Verinata in the Northern District of California, which seeks to enjoin Ariosa from selling its innovative, non-invasive test for fetal chromosomal abnormalities. Dr. Haberny is also representing Ariosa before the Federal Circuit in appeals of inter partes review decisions relating to the asserted patents.
  • NantKwest, Inc. v. Lee. Represents NantKwest before the district court and the Federal Circuit in a 35 U.S.C. section 145 action relating to natural killer cell-based therapies for cancer.
  • Max-Planck-Gesellschaft zur Foerderung der Wissenschaften, e.V., et al. v. Whitehead Institute for Biomedical Research, et al. Represented Alnylam and the Max Planck Society in a complex patent dispute concerning rights to fundamental technology covered in two families of patent applications in the field of RNA interference. The case was settled on favorable terms.
  • Genentech v. University of Pennsylvania. Represented the University of Pennsylvania in patent litigation involving the breast cancer drug Herceptin. The case was settled on favorable terms.
  • INOVA Diagnostics, Inc. v. Euro-Diagnostica AB et al. Represented INOVA Diagnostics in connection with a patent case in the Southern District of California involving diagnostic tests relating to rheumatoid arthritis. 
  • Sanchez Ritchie v. Sempra Energy. Defended Sempra Energy in a federal case in the Southern District of California alleging business torts, fraud, and RICO violations. The case was favorably resolved on summary judgment. 

Dr. Haberny is active in the legal community. She has been an officer of the Orange County Bar Association’s Intellectual Property and Technology section for several years, and is currently chair-elect of the section. She is a member of several other intellectual property and women attorney groups, and speaks regularly at seminars and law schools.

Dr. Haberny also maintains an active pro bono practice. She recently secured a fantastic six-figure award, including punitive damages, for a 71-year old widow and victim of financial fraud and elder abuse.

Dr. Haberny received her J.D. from the University of California, Berkeley School of Law, where she was an associate editor of the Berkeley Technology Law Journal. She earned her B.S. in Biological Sciences, cum laude, from the University of Maryland Baltimore County, and her M.S. and Ph.D. in Molecular Pharmacology from New York University School of Medicine. While in graduate school, she was awarded an NIH Pre-doctoral Individual National Research Service Award, and published several papers in the fields of molecular neuroscience and pharmacology.

Dr. Haberny is fluent in Spanish.

Representative Publications and Speaking Engagements

  • Haberny, S. and Fraser, J., “Collaborative Research, Licensing, and Inter-Institutional Agreements: Lessons Learned from Real-Life Legal Cases,” presented on May 18, 2016 for Tech Transfer Central’s Technology Transfer Tactics Program.
  • Haberny, S. and Burton, L., “Multifront War: Winning Your Case in District Court, the Patent Office, and Beyond,” presented on February 9, 2016 for the Berkeley Center for Law and Technology’s lecture series.
  • Haberny, S. and Abernethy, C., “Overview of a Patent Case,” presented on April 23, 2015 for the Berkeley Center for Law and Technology’s lecture series.
  • Gulbrandsen, C.E., Ademany, S., Haberny, S., Sheasby, J., "Patent Reform Should Not Leave Innovation Behind," 8 J. Marshall Rev. Intell. Prop. L. 328 (2009).
  • Haberny, S., Sheasby. J., "Recent Trends in Legislative Patent Reform," presented at the November, 2008 Conference for the National Association for College and University Attorneys.
  • Pan, Y., Berman, Y., Haberny, S., Meller, E., Carr, K.D., "Synthesis, protein levels, activity, and phosphorylation state of tyrosine hydroxylase in mesoaccumbens and nigrostriatal dopamine pathways of chronically food-restricted rats," Brain Res. 1122(1):135-42 (2006).
  • Haberny, S.L., Carr, K.D., "Comparison of basal and D-1 dopamine receptor agonist-stimulated neuropeptide gene expression in caudate-putamen and nucleus accumbens of ad libitum fed and food-restricted rats," Brain Res Mol Brain Res. 141(2):121-27 (2005).
  • Haberny, S.L., Carr, K.D., "Food restriction increases NMDA receptor-mediated calcium-calmodulin kinase II and NMDA receptor/extracellular signal-regulated kinase 1/2-mediated cyclic AMP response element-binding protein phosphorylation in nucleus accumbens upon D-1 dopamine receptor stimulation in rats," Neuroscience 132(4):1035-43 (2005).
  • Haberny, S.L., Berman, Y., Meller, E., Carr, K.D., "Chronic food restriction increases D-1 dopamine receptor agonist-induced phosphorylation of extracellular signal-regulated kinase 1/2 and cyclic AMP response element-binding protein in caudate-putamen and nucleus accumbens," Neuroscience 125(1):289-98 (2004).
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Bar Admissions

  • 2008, California
  • 2009, United States Patent and Trademark Office