Herbert D. Hart III
Shareholder

Email. hhart@mcandrews-ip.com
Tel. (312) 775-8000

Practice Areas
Patent Interferences; Intellectual Property Litigation; Intellectual Property Licensing; Trademark Litigation and Prosecution; Biomedical Technology; Chemical Technology; Patent Prosecution.

Education
Indiana University (Bloomington), B.A., Chemistry
Indiana University (Bloomington) Maurer School of Law, J.D.

Bar Admissions
•     Supreme Court of Indiana
•     Supreme Court of Illinois
•     Registered to practice before U.S. Patent and Trademark Office.
•     U.S. Court of Appeals for the Federal Circuit
•     U.S. Court of Appeals for the Seventh Circuit
•     U.S. District Court for the Northern District of Illinois (Trial Bar)
•     U.S. District Court for the Central District of Illinois
•     U.S. District Court for the Eastern District of Michigan
•     U.S. District Court for the Southern District of Indiana

Professional Experience
Herb Hart maintains a full-service intellectual property practice in the pharmaceutical, medical device, petroleum, chemical, agribusiness, and aerospace industries.

Herb has many years’ experience in patent interference matters (principally in life science and chemical technologies) and has served as an expert witness on interference law and practice.  His work in this area has been broad-ranging, including litigating interference proceedings and counseling clients on interference issues.  

He has also developed expertise in trademark litigation, oppositions, cancellations, and brand management, as well as in freedom-to-operate analyses and intellectual property portfolio strategy and management.

Herb is widely published in the field of intellectual property law and has provided expert commentary on the law in legal, business, and scientific publications.  He is a frequent speaker at bar association seminars and conferences and at American Chemical Society national meetings.

Herb is one of a small number of attorneys recognized in both Euromoney’s "Guide to the World's Leading Patent Law Experts" and in its "Guide to the World's Leading Trademark Law Practitioners", as well as in Law Bulletin’s “Leading Lawyers”; he has also been regularly named an “Illinois Super Lawyer.”

Professional Associations:

  • American Bar Association
    • Annual Review Editorial Board 2007-2012 (Editor-in-Chief and Chair 2011 - 2012; Deputy Editor-in-Chief and Vice Chair 2009 – 2011; Member 2007 – 2009)
    • Post-Grant and Inter Partes Patent Proceedings Committee (Co-Chair 2006, Vice-Chair 2005, Subcommittee Chair 2004, 2008 - 2011)
  • American Intellectual Property Law Association
    • Interference Committee (Vice Chair 2008-2009)
    • USPTO Inter Partes Patent Proceedings Committee (Chair 2010 – 2012; Vice Chair 2009 – 2010)
  • Intellectual Property Owners
    • Patent Interferences Committee - Vice Chair 2009
    • Patent Office Inter Partes Proceedings (U.S.) Committee (Vice Chair 2010 – 2011)
    • Program Committee - 2010 IPO PTO Day
  • Intellectual Property Law Association of Chicago
  • International Trademark Association (Firm Representative)
  • International Trade Commission Trial Lawyers Association
  • American Chemical Society
  • Marques (Firm Representative)
  • American Association For The Advancement of Science



Publications
No Prize for Being Second, An Introduction to U.S. Patent Interference Practice
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Demystifying the 'I' Word: An Introduction to Patent Interference Practice
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The Physicist and His Patents
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They're Infringing Our Patent! How You Can Help Your Attorney Prove It
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Patent or Perish: How a Delay in Applying Can Seriously Hurt Your Chance of Getting a Patent
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Facing the Wolves: How to Develop a Survival Strategy for Intellectual Property
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Post Grant Opposition: New Vista Or Familiar Turf?
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Post-Grant Opposition: Revolution Or Evolution?
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