Barry J. Herman

Practice Areas

Copyright; IP, Technology and Data; Patents - Chemical, Pharma, Biotech; Patent Litigation; PTAB Trials; ITC Section 337 Litigation

Career

Barry is a Chambers ranked IP litigator who tries cases in district courts throughout the country, at the USPTO, and at the ITC. A chemical engineer by training, Barry litigates patent disputes in the chemical, mechanical, and electrical arts, and has significant experience with trade secret, trademark, and antitrust litigation. In addition, Barry has successfully argued appeals to the U.S. Court of Appeals for the Federal Circuit. Outside of the courtroom, Barry assists clients with due diligence, opinions, and patent portfolio development.

Real-world industry experience distinguishes Barry’s practice. Before becoming an attorney, he 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 technologies. Before joining the firm, Barry was a partner at Oblon McClelland Maier & Neustadt, a large intellectual property boutique in Alexandria, Virginia, where he was co-chair of the patent litigation and ITC practice groups. He also spent three years as a patent litigation associate at Arnold & Porter in Washington, D.C.

Barry has been selected by his peers for inclusion in Best Lawyers in America for the past several years in the fields of Intellectual Property Litigation, Patent Litigation, and Patent Law. He was named by Best Lawyers as Baltimore’s "Lawyer of the Year” for Patent Litigation from 2017 to 2019 and for Intellectual Property Litigation in 2021. In 2018, he was named by the Maryland Daily Record as one its Leadership in Law honorees. He is AV rated by Martindale Hubbell.

In addition to his practice, Barry has been active in the Maryland State Bar Association’s Intellectual Property Section for the past several years, and served as Section Chair in 2016 - 2017. He serves on the Board of Directors for Boys Hope Girls Hope Baltimore and recently finished serving a two-year term as the organization’s Chairman of the Board. Barry is also on the Board of Directors for the Downtown Partnership of Baltimore and the Economic Alliance of Greater Baltimore. Outside of the office, Barry has coached youth baseball and basketball for the Severna Park Green Hornets organization for the past several years, and is currently the league director for the high school recreational basketball league.

Barry serves on Womble’s Firm Management Committee, is the Office Managing Partner of the Baltimore, MD office, and is the leader of the Firm's U.S. Chemicals Subsector (Manufacturing).

Professional Memberships

International Federation of Intellectual Property Attorneys (FICPI)

Intellectual Property Owners Association, Litigation Section

Lehigh Lawyers Association

Maryland State Bar Association, Intellectual Property Section, Chair, 2016-2017; Chair-Elect, 2015-2016; Membership Chair, 2014-2015

Board of Directors, University of Maryland School of Law’s Intellectual Property Entrepreneurship Clinic

Publications

Publications

Co-author (with Ana Friedman and Julie Giardina), "Using Trade Secret and Patent Protection in Tandem for Comprehensive IP Coverage," IP Watchdog, June 14, 2022

Co-author (with Jeffrey Whittle), "IP Enforcement Can Pay Unexpected Dividends in a Downturn”, Law360, April 2020

Co-author (with Christine Dupriest), "Patent Rights: What the Federal Circuit Giveth, the Supreme Court Taketh Away?," The Federal Lawyer, Jan./Feb. 2013

Co-author (with Jim Lennon), "Predicting Patentability in the Unpredictable Arts: A Look Back at the Federal Circuit’s 2012 Decisions on the Obviousness of Chemical Innovations," IP Watchdog, January 21, 2013

"Patent Trolls Hiding in the International Trade Commission?," April 13, 2012

"What Non-U.S. Companies Should Know About the ITC," April 3, 2009

"There are Limits to How Tricky One’s Questioning Can Be," February 22, 2006

Presentations

"Hey Alexa, Can You Get a Patent or Register for a Copyright?," Maryland State Bar Association Webinar, January 14, 2021

Moderator, "Strategies for Uncertain Times: Management and Legal Perspectives for the Specialty Chemical Industry," Society of Chemical Manufacturers and Affiliates (SOCMA) Webinar, December 8, 2020

Co-presenter (with Kristen Cramer), “The Game of Monopoly: Antitrust Counterclaims in Patent Enforcement Actions,” Greater Philadelphia ACC In-House Counsel Conference, April 25, 2018

“Litigators v. Experts: Expert Witness Sinkholes and How to Avoid Them,” MSBA IP Section, January 24, 2018

"Obviousness Standard: Leveraging Latest PTO and Court Guidance – Overcoming Challenges of Obviousness and Attacks on Patent Validity," Strafford Webinar, June 1, 2017

"Claim Construction Caselaw Update: Mechanical and Chemical Arts," American Intellectual Property Law Association Webinar, June 9, 2015

"Obviousness Standard After the AIA: Leveraging Latest PTO and Court Guidance," Strafford Webinar, January 15, 2015

Co-presenter (with Kristen Cramer), "Hidden Dangers When Choosing Outside Counsel and Teaming Up with Similarly Situated Defendants: Ethical Implications of Beauty Contests, Hot Potatoes and Joint Defense Agreements," Association of Corporate Counsel’s Greater Philadelphia Delaware Valley Chapter (DELVACCA), Philadelphia, PA, Dec. 4, 2014