Patrick Herman’s practice focuses on complex patent and other intellectual property litigation. He has had extensive experience representing both plaintiffs and defendants, and has been involved in all phases of litigation, from developing initial strategy through appeal. Mr. Herman has appeared in cases before a variety of different federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the International Trade Commission. Applying his engineering background, he has represented clients in a range of industries, including the medical device, pharmaceutical, petrochemical, automotive, consumer electronics, and children’s toy industries. 

Mr. Herman’s practice also extends to pre-litigation counseling, including rendering opinions relating to patentability, infringement, validity, and freedom-to-operate issues.

Representative Experience

  • Toyota in multiple ongoing cases originally involving 24 patents and various vehicle-related technologies.  All of the remaining cases are currently stayed pending resolution of several inter partes review petitions filed by Toyota, all of which were instituted by the Patent Trial and Appeal Board. American Vehicular Sciences v. Toyota (E.D. Mich.)
  • Barnes & Noble in defending its NOOK eReader products from claims of patent infringement made by Microsoft in the ITC concerning various hardware and software patents. In the Matter of Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof (ITC)
  • Delphi in patent litigation resulting in granted summary judgment of invalidity of four separate patents in favor of client. Automotive Technologies International v. Delphi et al. (E.D. Mich.)
  • Boston Scientific Corporation in an action against Cordis and Johnson & Johnson concerning drug-eluting stents, resulting in a grant of summary judgment of invalidity under 35 U.S.C. § 112. Boston Scientific Corp. and Boston Scientific Scimed v. Johnson & Johnson and Cordis Corp. (D. Del.)
  • Infineum USA in the assertion of its patent on petroleum additives against Afton Chemical Company.  Infineum Int’l Ltd. & Infineum USA v. Afton Chem. (D. Del.)
  • Fisher-Price and Mattel in a patent litigation trial that resulted in the court finding that Kenyon client's did not infringe LeapFrog's patent, and that the patent was invalid. The ruling was affirmed on appeal. LeapFrog Enterprises v. Fisher-Price et al. (D. Del., Fed. Cir.)
Representative Matters
  • Toyota in multiple ongoing cases originally involving 24 patents and various vehicle-related technologies.  All of the remaining cases are currently stayed pending resolution of several inter partes review petitions filed by Toyota, all of which were instituted by the Patent Trial and Appeal Board.American Vehicular Sciences v. Toyota (E.D. Mich.)
  • Barnes & Noble in defending its NOOK eReader products from claims of patent infringement made by Microsoft in the ITC concerning various hardware and software patents. In the Matter of Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof (ITC)
  • Infineum USA in the assertion of its patent on petroleum additives against Afton Chemical Company.  Infineum Int’l Ltd. & Infineum USA v. Afton Chem. (D. Del.)
Bar and Court Admissions
  • New York
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Federal Circuit