Herbert D. Hart III

Patent owners and challengers alike entrust their important cases to Herb, who pays close attention to the business implications of each one. His deep experience at the PTAB is founded upon his many years of success at its predecessor, the Board of Patent Appeals and Interferences. In fact, IAM Patent 1000 says Herb “cannot be beaten for experience and procedural knowledge, having handled USPTO contested proceedings for many years – not just the past seven, like many.” IAM Patent 1000 also notes McAndrews’ “flourishing post-grant practice” and calls Hart one of the firm’s “star quarterbacks.”

His cases have spanned a wide range of technologies, including oil and gas production and processing, polymers, catalysts, herbicides, pharmaceuticals, biologics, telecommunications, and medical devices. His has worked in the energy and petrochemical sector on behalf of major producers and processors since the early 1980s.Herb has repeatedly been recognized as a leading intellectual property practitioner in publications such as Intellectual Management’s IAM 1000: The World’s Leading Patent Practitioners, Managing Intellectual Property’s IP Stars, Who’s Who Patents, Legal Media Group’s Life Sciences Stars, Legal Leaders’ Chicago’s Top-Rated Lawyers, and Leading Lawyers.

He regularly speaks and consults on the intricacies of PTAB trial practice (IPRs), on rulemaking under the post-grant provisions of the Leahy-Smith America Invents Act, and on pre-AIA patent interference practice. He authored the amicus brief of the American Intellectual Property Law Association in the Supreme Court case Cuozzo v Lee, 136 S. Ct. 890 (2016). Most recently, Herb organized and moderated CLE panels for the Intellectual Property Owners (IPO) Annual Meeting, the Annual Conference of the Patent Trial and Appeal Board Bar Association, and an IPO webinar on IPR practice.

Herb served in leadership positions in all three national intellectual property law associations (AIPLA, IPO, and ABA-IPL), and he currently serves on the Board of Directors of the PTAB Bar Association and is a Fellow of the American Intellectual Property Law Association. He took 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.

His writings on intellectual property law topics have been featured in print and online legal, business, and scientific publications. Herb also 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.