Libby’s practice focuses on the role of embedded appellate counsel in high stakes patent trials. Libby has taken six cases through jury verdict and dozens of cases through pretrial filings. She also leads post-trial briefing and appeal teams and has presented five appellate arguments. Libby uses her past experience as a patent examiner, district court clerk, and Federal Circuit clerk to help clients with their most important high-tech cases.
Libby joins trial teams--both within and outside of Orrick--and takes the role of legal strategist and brief writer. She has experience handling all pretrial filings, from early motions to dismiss to post-verdict motions for judgment as a matter of law. Libby excels at managing strategy around Daubert motions, jury instructions, and mid-trial briefing. Before trial, Libby develops strategies for raising and preserving legal issues. At trial, Libby handles mid-trial motions, the charge conference, and pocket briefing as needed. After trial, she manages the post-trial briefing and transitions the case to appeal. While most of her experience is in patent litigation, she has also served as appellate counsel in tort and employment cases. More than half of Libby's cases involve co-counsel outside of Orrick, where she quickly develops productive and collaborative relationships with outside litigation teams.
In addition to her trial work, Libby maintains a robust appellate practice. Libby leads appellate briefing and has presented oral arguments in the Federal Circuit, Ninth Circuit, and New York Appellate Division. Libby also has an active pro bono practice, including representing the Arizona Federal Public Defender’s Office in an ongoing administrative challenge to capital habeas proceedings.
Libby has experience in multiple jurisdictions, including courts in Delaware, Texas, California (state and federal), and Massachusetts; the ITC; and appeals to the Federal Circuit, Ninth Circuit, Sixth Circuit, DC Circuit, California Court of Appeal, New York Appellate Division, and US Supreme Court.
Prior to joining Orrick, Libby served as a law clerk to Judge Raymond C. Clevenger III of the United States Court of Appeals for the Federal Circuit and to Judge Ronald M. Whyte of the United States District Court for the Northern District of California. Before law school, Libby was a patent examiner in the medical device area at the United States Patent and Trademark Office.