Herbert D Hart III

Shareholder at McAndrews, Held & Malloy, Ltd

Herbert D Hart III’s many years of trial experience at the PTAB have led patent owners and petitioners alike to entrust their important cases to him. That hands-on experience extends back to the PTAB’s predecessor, the Board of Patent Appeals and Interferences, where he established a solid foundation in the board’s practice and procedures. He has 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 sciences and chemical technologies.

Mr Hart has repeatedly been recognised as a leading IP practitioner in publications such as Who’s Who Legal – Patents, Legal Media Group’s Life Sciences, IAM Patent 1000: The World’s Leading Patent Practitioners, Managing Intellectual Property’s IP Stars and Legal Leaders’ Chicago’s Top-Rated Lawyers.

He is a frequent speaker 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.

Mr Hart has served in leadership positions in all three national IP law associations, taking a high-profile role in the inaugural PTAB rulemaking as one of only six members of the International Property Owners Association, American Intellectual Property Law Association (AIPLA) and Intellectual Property Law – American Bar Association (ABA-IPL) expert committee on regulations for conducting new post-grant review/inter partes review procedures (known as the “Gang of 6”) and as post grant chair of the AIPLA special task force on AIA rulemaking. He currently serves on the board of directors of the PTAB Bar Association and on the development task force of AIPLA.

His writings in the field of IP law have been featured in numerous legal, business and scientific publications. Mr Hart also served as editor-in-chief of the ABA-IPL’s 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.

Professional associations

  • IPO
  • PTAB Bar Association

Firm details

McAndrews, Held & Malloy, Ltd
500 West Madison Street
34th Floor
Chicago IL 60661
United States

Contact details

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