Barry is an 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 trademark and antitrust litigation. In addition, Barry has successfully argued appeals to the US Court of Appeals for the Federal Circuit. Outside of the courtroom, Barry assists clients with due diligence, opinions and strategic procurement of new technologies.

    Experience

    Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

    • Serving as first chair, Barry represented DynaEnergetics in a patent and trademark suit brought by GEODynamics in the Eastern District of Texas. After a four-day jury trial, DynaEnergetics obtained a complete defense verdict, including a finding of noninfringement and three different bases of invalidity for each of the patent claims. At a subsequent bench trial on the trademark “reactive,” Judge Payne issued a judgment canceling GEODynamics’ incontestable trademark, finding that it was generic. Barry also represents DynaEnergetics in two inter partes review proceedings at the USPTO.
    • Barry served as first-chair litigator in a landmark patent infringement case for client Saint-Gobain, one of the world’s largest glass companies and the leading windshield manufacturer for European cars. Saint-Gobain won a $10.9 million damages award against a Chinese windshield manufacturer, and the jury found the infringement was wilful. The district court subsequently doubled the damages award and granted Saint- Gobain attorneys’ fees and costs for a total award exceeding $24 million.

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    Contact information

    +1 410.545.5830
    barry.herman@wbd-us.com
    +1 443.769.1530

    Bar admissions

    1999, Maryland

    2001, District of Columbia

    Registered to practice in Maryland, the District of Columbia, and the US Patent and Trademark Office

    Admitted to practice before the Supreme Court of the United States; the US Court of Appeals for the Federal Circuit; US International Trade Commission; US Court of International Trade; US District Court for the District of Colorado; US District Court for the District of Maryland: US District Court of the Western District of Michigan; Court of Appeals of Maryland; and the District of Columbia Court of Appeals