Herb Hart

About Herb Hart

My many successful years of trial experience at the Patent Trial and Appeal Board (PTAB) have led patent owners and challengers alike to entrust their PTAB cases to me. Indeed, my experience extends back to the PTAB’s predecessor, the Board of Patent Appeals and Interferences. Having litigated cases at the Board over a long period of time, my long experience with its practice and procedures formed a solid foundation for my PTAB work. I have litigated cases in a wide range of technologies, including oil and gas, polymers, catalysts, herbicides, pharmaceuticals, biologics, telecommunications, and medical devices, with a particular emphasis on life science and chemical technologies. In addition to achieving formal final judgments in favor of my clients, I’ve also litigated cases that gained clients “lose the battle, win the war” successes – cases in which opponents took positions at the PTAB that prevented them from asserting rights against my clients in the future. I’ve also been honored to be repeatedly recognized as a leading intellectual property practitioner by sources such as Intellectual Asset Management’s IAM The World’s Leading Patent Practitioners, Managing Intellectual Property’s IP Stars, Who’s Who Patents, Legal Media Group’s Life Sciences Stars, and Legal Leaders’ Chicago’s Top-Rated Lawyers. On account of my work, I’ve had many opportunities to speak and consult on the intricacies of PTAB trial practice, on rulemaking under the post-grant provisions of the Leahy-Smith America Invents Act (AIA), and on pre-AIA patent interference practice. My contributions to the intellectual property bar include service in leadership positions in all three national intellectual property law associations. I was selected to take a high-profile role in PTAB rulemaking as one of only six members of the IPO/AIPLA/ABA-IPL Expert Committee on Regulations for Conducting New Post-Grant Review/Inter Partes Review Procedures (also known as the “Gang of 6”) and as Post Grant Chair of the AIPLA Special Task Force on AIA Rulemaking. My writings on intellectual property law topics have been featured in print and online legal, business, and scientific publications. Additionally, I’ve served as editor-in-chief of the ABA-IPL Annual Review of Intellectual Property Law Developments, and as an associate editor and contributing author of the ABA book, ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators.

Experience

1. Fellow American Intellectual Property Law Association

   American Intellectual Property Law Association Aipla

   Oct 2014 — Present

Education

• Indiana University Bloomington

  BA

• Indiana University Maurer School of Law

  JD