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Barry J. Herman
Partner
BARRY J. HERMAN is a partner in the firm’s Litigation Practice Group and co-chair of the ITC Litigation Practice Group . He has represented both domestic and foreign clients involved in patent and other intellectual property disputes before the United States Federal District Courts and the International Trade Commission. Mr. Herman, who has a degree in chemical engineering, has litigation experience in a wide array of technologies in the chemical, mechanical, and electrical arts. His practice areas include patent litigation, chemical engineering, pharmaceutical and medical devices. Mr. Herman also has significant experience in drafting opinions and in advising clients with respect to the development of patent portfolios.
Prior to joining Oblon, Spivak, Mr. Herman worked at a large general practice firm in D.C. where he practiced patent litigation. Prior to law school, Mr. Herman worked for several years as a chemical engineer, first in a hydrosulfuric acid manufacturing plant, and then in various oil refineries on the East Coast, where he specialized in anti-foulant and anti-corrosion chemical technology.
Mr. Herman received his Juris Doctor from the University of Maryland School of Law and was awarded the Order of the Coif upon graduation. Prior to attending law school, he received a Bachelor of Science Degree in Chemical Engineering from Lehigh University.
Representative litigation matters:
- Saint-Gobain v. Xinyi, representing Saint-Gobain in patent infringement action in Northern District of Ohio involving windshields; jury returned verdict in favor of Saint-Gobain for $10.9 million and found Xinyi willfully infringed the two patents-in-suit.
- In the Matter of Certain Connecting Devices for Use with Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRLs”) That Are Part of Larger Pneumatic Systems and the FRL Units They Connect, representing SMC in a § 337 proceeding before the ITC involving connectors used in pneumatic control systems
- In the Matter of Certain Silicon Microphone Packages and Products Containing the Same, representing MemsTech Berhad in a § 337 proceeding before the ITC involving silicon microphone packages
- Solvay v. Honeywell, representing Solvay in case involving foam blowing agent
- Saint-Gobain v. Guardian, Saint-Gobain v. Gemtron, representing Saint-Gobain in cases involving acoustic protective glazings for use in automobiles and refrigerator shelves
- Tokyo Keiso v. SMC Corporation, representing SMC in case involving ultrasonic flow meters
- Cardiac Pacemakers Inc. and Mirowski Family Ventures, LLC v. St. Jude Medical Inc., representing Mirowski Family Ventures in case involving implantable cardioverter defibrillators
- Zambon v. Teva, represented Zambon in pharmaceutical case involving gabapentin hydrochloride
- Policappelli v. Heineken, represented Heineken in case involving shaped beer cans
- Abbott and Fournier Labs. v. Novopharm, Abbott and Fournier Labs. v. Impax, represented Fournier in pharmaceutical cases involving fenofibrate
- Pitney Bowes, Inc. v. Ricoh Corporation and Ricoh Company, Ltd., representing Ricoh in case involving multifunction printing devices
- In the Matter of Certain Semiconductor Timing Signal Generator Devices, Components Thereof, and Products Containing Same, represented Integrated Circuit Systems in a § 337 proceeding before the ITC involving semiconductor timing signal generator devices
- Pegasus Development Corp. v. DirecTV, represented Pegasus in case involving receivers for satellite transmissions
Mr. Herman is admitted to the Maryland and the District of Columbia Bars and is registered to practice before the U.S. Patent and Trademark Office. He is licensed to practice before the U.S. Court of Appeals for the Federal Circuit, the U.S. District Court for the District of Maryland, the U.S. District Court for the Western District of Michigan, and the U.S. District Court for the District of Colorado. He is a member of the American Bar Association, the Federal Circuit Bar Association, the American Intellectual Property Law Association (AIPLA), and the ITC Trial Lawyers Association.Related News, Articles & Presentations - Saint-Gobain Wins Enhanced Damages of $21.9 Million, Plus Attorney Fees and Costs Against Xinyi (News)
Apr 2, 2010 - Saint-Gobain Wins $10.9 Million Verdict Against Xinyi (News)
Nov 11, 2009 - What Non-US Companies Should Know About the ITC (Articles)
Managing Intellectual Property (MIP), Issue I88, April 2008 Apr 2009 - Oblon, Spivak Forms Two New Practice Groups (News)
Mar 2009 - Oblon, Spivak Launches ITC 337 Law Blog (News)
Feb 12, 2009 - FEDERAL CIRCUIT FINDS IN FAVOR OF SMC AFFIRMING SUMMARY JUDGMENT OF OBVIOUSNESS (News)
Jan 9, 2009 - Oblon, Spivak Elects Four New Members and Elevates Six Attorneys to Senior Associate (News)
Jan 5, 2007 - There Are Limits to How Tricky One’s Questioning Can Be (Articles)
Intellectual Property Today, Vol. 13, No. 2 at page 16 Feb 2006
Related Events - Current Trends in Intellectual Property Litigation
Oblon, Spivak. Toshi Center Hotel, Tokyo, Japan. Jun 8, 2009 - Current Trends in Intellectual Property Litigation
Oblon, Spivak and Unitalen. Beijing (June 1st), Shanghai (June 3rd), China. Jun 1-3, 2009 - Current Trends in Intellectual Property Litigation
Oblon, Spivak. Paris (May 27th) and Lyon (May 29th), France. May 27-29, 2009
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