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Working with clients at the forefront of their fields in developing new technologies, Rachel interacts with people who are as passionate and enthusiastic about their products as she is about the law. Her competitive spirit and analytical thinking skills combined with attention to detail and winning strategies help her deliver favorable resolutions to her clients' problems.

Rachel is an experienced first-chair trial lawyer who has handled all aspects of complex intellectual property disputes from investigation and preparation of the complaint through trial, post-trial, and appeal. With over 24 years of experience in patent litigation, she has managed discovery, directed patent claim construction proceedings, taken and defended fact and expert depositions, handled nondispositive and dispositive motion practice, represented client interests in mediation and settlement conferences, drafted and argued motions in limine and other pre- and post-trial matters, and examined fact and expert witnesses at trial.

Rachel has been responsible for matters in various federal courts and agencies throughout the United States, in state court in Minnesota, and in arbitration. She also has significant experience handling appellate-level disputes, a practice to which she brings valuable experience as a former clerk for U.S. Court of Appeals Chief Judge James B. Loken. She has represented clients in numerous appeals before the United States Court of Appeals for the Federal Circuit and has participated in all aspects of appellate practice before that Court, including motion practice, briefing, mediation, and oral argument.

At Merchant, Rachel is chair of the Litigation Practice Group and Editor of the ipcaseupdates.com blog. She serves as a Director of The Fund for Legal Aid, President-Elect of The Honorable Jimmie V. Reyna Intellectual Property Inn of Court, and as a volunteer attorney for the Children’s Law Center. In her spare time, Rachel enjoys watching her daughter's soccer games and traveling with her family.

 

Represented Fortune 500 company in complex patent litigation against competitor. Technology at issue involved antimicrobial treatments for use in food processing plants. Case resulted in a verdict of willful infringement against competitor as to multiple asserted claims, and verdict of misappropriation of trade secrets.

Represented large hard disk drive company in connection with trade secret misappropriation claims. Successfully obtained order compelling enforcement of binding arbitra...

  • New York University School of Law, J.D., 2001,

    magna cum laude, Order of the Coif

  • Pomona College, B.A. Psychology, 1998,

    cum laude, Psi Chi Honor Society

  • Minnesota State Bar, 2001
  • U.S. District Court for the Western District of Texas, 2024
  • U.S. District Court for the Eastern District of Michigan, 2021
  • U.S. Court of Appeals for the Ninth Circuit, 2017
  • U.S. Court of Appeals for the Seventh Circuit, 2012
  • U.S. District Court for the Western District of Wisconsin, 2008
  • U.S. District Court for the Eastern District of Wisconsin, 2006
  • U.S. Court of Appeals for the Federal Circuit, 2003
  • U.S. District Court for the District of Minnesota, 2002
  • U.S. Court of Appeals for the Eighth Circuit, 2002

American Intellectual Property Law Association

Federal Bar Association Minnesota Chapter, Past President and Chairman of the Board of Directors

Federal Circuit Bar Association

Minnesota State Bar Association

U.S. District Court for the District of Minnesota Appointed Co-Chair, Merit Selection Panel (2014)

The Fund for Legal Aid Board of Directors

The Honorable Jimmie V. Reyna IP Inn of Court – President-Elect

Litigation Counsel of America Fellow

Appellate advocacy, Intellectual Property Moot Court class at the University of Minnesota Law School

Coach, University of Minnesota Law School Moot Court Team, Giles Sutherland Rich Memorial Moot Court Competition held at the Federal Circuit (national championship)

Law clerk for the Honorable James B. Loken, U.S. Court of Appeals for the Eighth Circuit

Named 2025 Women in Business Honoree by the Minneapolis/St. Paul Business Journal 

Selected for inclusion in Best Lawyers in America by The Best Lawyers in America (2014–2027) 

Selected for inclusion in Minnesota Super Lawyers (2013–2024, 2026) 

Selected for inclusion in The Top Women Attorneys in Minnesota (2012, 2022) 

Named Best Lawyer by Minnesota Monthly (2017–2021) 

Recognized in IP Stars Top 250 Women in IP (2015) 

Named 40 Under 40 honoree by the Minneapolis/St. Paul Business Journal (2014) 

Named Attorney of the Year by Minnesota Lawyer (2014) 

Selected for inclusion in Minnesota Rising Stars (2007–2012) 

Represented appellee, an inventor of a novel game component, in Federal Circuit appeal of favorable district court judgment. Acted as principal attorney on appeal and argued case before the Federal Circuit. Two days after argument, Federal Circuit affirmed district court judgment in its entirety.

Represented company in food science field in appeal to Federal Circuit of district court’s summary judgment of noninfringement in a patent case.

Represented company in semiconductor field in connection with appeal of district court judgment rendering entire patent portfolio unenforceable for inequitable conduct. Convinced Federal Circuit to stay enforcement of attorneys’ fee award against company pending appeal in view of dire financial consequences of immediate enforcement. Federal Circuit reversed the finding of unenforceability in its entirety, thus mooting the district court’s award of approximately $3.3 million in attorneys’ fees against the company.

Represented Fortune 500 company in appeal to Federal Circuit of district court’s denial of preliminary injunctive relief based on erroneous claim construction in a patent case. Obtained reversal of claim construction on appeal, resulting in favorable resolution of matter in its entirety on remand.

Represented appellee, company in waste treatment industry, in connection with multiple appeals at the Federal Circuit. Company sought to preserve summary judgment of noninfringement entered in its favor in patent infringement case. In a first appeal, used motion practice to obtain dismissal of appeal. In a second appeal, obtained affirmance of district court’s ruling in its entirety.

Represented appellee, Fortune 500 company, in motion practice before the Federal Circuit in connection with appellant’s request for immediate stay of district court patent litigation proceedings in favor of arbitration. Obtained order denying appellant’s request and summarily affirming district court’s order denying arbitration.

Presenter, IP Case Updates, webinar – Federal Bar Association (December 8, 2025)

Presenter, IP Protection for Designs, Minneapolis, Minnesota – Reyna IP Inn of Court (March 5, 2025)

Presenter, Supreme Court IP Review, Minneapolis, Minnesota – Minnesota ACC (October 24, 2024)

Presenter, Federal Circuit Top Ten (and More), Minneapolis, Minnesota – MIPLA (May 23, 2024)

Moderator, Leadership Summit on Gender Equity in the Law, Minneapolis, Minnesota – Minnesota Chapter of the FBA (June 8, 2022)

Presenter, 3-Minute Case Summaries: What Every Patent Lawyer Needs to Know, Cleveland, Ohio – M&G CLE (July 11, 2019)

Presenter, On the Cutting Edge: Updates on Patent Law, Data Privacy, and E-Commerce, CLE (July 11, 2019) 

Presenter, Hot Topics, Trends, & Updates: 3-Minute Case Summaries: What Every In-House Lawyer Needs to Know, Nashville, Tennessee (November 8, 2018) 

Panelist, Ethics & Elimination of Bias for IP Lawyers Series – Part II, Minneapolis, Minnesota (June 14, 2018) 

Panelist, Ethics & Elimination of Bias for IP Lawyers Series – Part I, Minneapolis, Minnesota (May 31, 2018) 

Presenter, Hot Topics, Trends, & Updates: Cybersecurity, Patent Litigation Decisions, and the Implications, CLE hosted in Beachwood, Ohio (July 11, 2018) 

Presenter, Safeguarding Trade Secrets: Tips and Tools for Identifying, Managing, and Protecting Confidential Business Information, CLE jointly hosted with the Tennessee chapter of the Association of Corporate Counsel (October 28, 2015) 

Presenter, Making (Thera) Sense of Inequitable Conduct, Tennessee Intellectual Property Law Association Seminar (November 2011) 

Co-Presenter, Everything You Need to Know About Electronic Discovery, INTA Trademark Administrator’s Conference (October 2010) 

Moderator, A Judicial Perspective on the Meaning and Impact of Iqbal and Twombly with District Judge Patrick J. Schiltz and Magistrate Judge Janie S. Mayeron, HNBA Annual Convention (September 2010) 

Presenter, Patent Damages vs. Patent Reform, Tennessee Intellectual Property Law Association Seminar (November 2009) 

Moderator, Ooops – You Won Your Patent Infringement Case, but the Defendant is Broke: Collection Strategies for the IP Lawyer, 35th Annual Federal Court Practice Seminar (June 2009) 

How High Court Pepsi Case Could Brew TM Strategy Shift, Law360 (July 2026)

35 U.S.C. § 101: Reports of its death are exaggerated, Minnesota Lawyer, co-authored with Elisabeth Muirhead (March 6, 2018) 

A Circuit Divided: Supreme Court Refuses Request to Reconcile Federal Circuit’s Dissonant Inequitable Conduct Standards, Intellectual Property Today (July 2009) 

How To Try A Patent Case On A Budget…And Win, Law360 (April 2009) 

The Way the “Cookies” Crumble: Internet Privacy and Data Protection in the Twenty-First Century, New York University Journal of Legislation and Public Policy, Volume 4, Number 2 (Spring 2001)