Danielle Herritt has over 20 years of experience as a patent professional.  She practices in all areas of chemistry, chemical engineering and the life sciences, including patent prosecution, due diligence, opinions, district court litigation, inter partes reviews, federal circuit appeals, and dispute resolution.

Danielle devotes a substantial part of her practice to complex litigation strategies involving parallel post-grant challenges before the patent office and district court litigation.

Danielle assists start-up pharmaceutical, biologics and medical device companies from initial financing through initial public offerings and acquisitions, including patent prosecution and strategy, freedom to operate analysis, license negotiations, opinion work and due diligence support.  She also assists Big Pharma companies and investors in due diligence and patent prosecution strategy.

Danielle counsels her clients with respect to patent issues related to NDA and 505(b)(2) filings with the US Food and Drug Administration under the Hatch-Waxman Act.  She has successfully obtained dozens of patents that have been listed in the FDA Orange Book for approved drug products and has counseled clients with respect to both patent and data exclusivity, and strategies related to Paragraph IV Certifications.

Presentations and Publications

Patent Reform is Here. What Does it Mean For You? (2011)
Appeals Court Decides Important Life Sciences Case: Clasen Immunotherapies, Inc. V. Biogen Idec, et al. (2011)
Co-author, Federal Circuit Redefines The Standard For Proving Inequitable Conduct As A Defense To Patent Infringement (2011)
Life Sciences at the PTAB, Boston Patent Law Association’s (BPLA) First Annual PTAB Summit, November 2, 2016
What Akamai & McKesson Mean for Patent Infringement, MCLE Webcast Program, October 18, 2012
Prolonging Term: Hours, Days, Months, The Rags of Time, Comparative Patent Practice Conference, Tokyo, Japan; November 16, 2011
Patent Reform: US Overhauls Patent System-Will Europe?, Comparative Patent Practice Conference, Tokyo, Japan; November 16, 2011

Professional Activities

  • Boston Bar Association
  • Boston Patent Law Association
  • Women’s Bar Association
  • American Chemical Society

Honors and Awards

Managing IP's Top 250 Women in IP

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.

  • Due diligence for pharmaceutical companies in recent transactions resulting in financings and acquisitions valued between $6 million and $1.2 billion dollars.
  • Developed intellectual property portfolios acquired by Big Pharma for multiple opioid products, a depression drug, a transdermal device for migraines and implants for Parkinson’s Disease.
  • Represents a client in an ongoing dispute including three inter partes reexamination proceedings, six inter partes review proceedings, 2 ex parte reexaminations, 2 federal circuit appeals, and 4 district court proceedings.
  • Termination and settlement of a district court litigation and several inter partes review proceedings in the diagnostics space.
  • Representing a printed circuit board fabricator in its prosecution and worldwide licensing of its fabrication portfolio relating to chemical deposition
  • Represents companies with respect to food allergy diagnostics, transmutes all opioids, transdermal delivery of various drugs, metal deposition for high speed engines, polymer engineering to eliminate contaminants, diagnostic gels, implants for delivery of long-acting drugs, therapeutic antibodies, cell-internalizing conjugates, antibody-drug conjugates, vaccines and chimeric antigen receptors.
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Bar admissions

1999, Patent Bar

2001, Massachusetts

2015, Federal Circuit

Admitted to practice before:

  • United States Patent and Trademark Office
  • US District Court for the District of Massachusetts

Education

  • J.D., 2000, Suffolk University School of Law
    • magna cum laude
  • B.S., 1991, University of Massachusetts Amherst: Chemical Engineering
    • cum laude
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