Dr. Herman Yue devises sophisticated intellectual property solutions for clients, particularly within the life sciences and biopharmaceutical space.
Herman leverages his molecular biology expertise and broad-ranging experience across all phases of patent litigation to help clients — ranging from cutting-edge startups to Fortune 50 industry leaders — advance highly technical legal solutions that address:
Patent infringement actions
Litigation under the Biologics Price Competition and Innovation Act (BPCIA) and Hatch-Waxman Act
Inter partes review proceedings before the US Patent and Trademark Office (USPTO)
Cross-border proceedings involving patent offices and courts in various jurisdictions around the world, including Europe, Japan, China, and South Korea
He engages quickly with clients on both the technical and legal issues that arise in IP matters across a broad range of technologies, including biologics, small molecule pharmaceuticals, gene editing, computer technology, and medical devices. Herman routinely provides analysis in anticipation of litigation and IP due diligence in the context of larger transactions.
Herman maintains an active pro bono practice, including immigration asylum cases and predatory housing matters.
Before practicing law, Herman earned a doctorate in immunology and holds a US patent based on his graduate research on the mammalian TRAIL receptor.
He served as a law clerk to the late Judge Robert W. Sweet of the Southern District of New York.
Experience
Herman's representative experience includes representing:
AbbVie v. Hetero USA, Inc., et al.: AbbVie in a Hatch-Waxman case relating to Abbreviated New Drug Application (ANDA) litigation whereby the defendants sought to market generic versions of AbbVie’s RINVOQ®; resulted in a settlement on favorable terms and Litigator of the week honors in The American Lawyer
Jazz Pharmaceuticals v. Avadel: Avadel in a series of patent infringement lawsuits relating to Avadel’s novel LUMRYZ narcolepsy medication; recognized as LMG Life Sciences’ 2025 Impact Case of the Year
Bristol-Myers Squibb v. Nanocopoeia: Nanocopoeia in a patent infringement lawsuit relating to Nanocopoeia’s novel leukemia treatment
AbbVie in multiple lawsuits under the BPCIA involving Humira®, the first humanized monoclonal antibody drug
The developer and distributor of a branded pharmaceutical in an IP lawsuit against a multinational generic pharmaceutical company
Icahn School of Medicine v. Neurocrine Biosciences: Neurocrine in a contract dispute involving patents covering recombinant DNA constructs
Enzo Life Sciences v. Life Technologies: Life Technologies in patent litigation relating to DNA sequencing technology
Enerpol v. Schlumberger Technology Corp.: Schlumberger in patent litigation involving polymer-based fracking technology
RLIS v. Cerner Corp.: Cerner, as trial counsel, in patent litigation over medical records software, in which the patents were found invalid and not infringed*
Tyco Healthcare Group v. Mutual: A client in obtaining summary judgment on antitrust claims arising out of ANDA litigation*
A major pharmaceutical company, as trial counsel, in ANDA litigation over its blockbuster HIV protease inhibitor drug, in which the patents were found valid and infringed*
A major medical device manufacturer, as trial counsel, in patent litigation relating to its blockbuster drug-eluting cardiac stents*
*Matter handled prior to joining Latham
Qualifications
Bar Qualification
New York
Texas
US Patent and Trademark Office
Education
JD, New York University School of Law, 2007
PhD in Molecular & Cell Biology, University of California, Berkeley, 2004
BA in Biochemistry, Rice University, 1998 cum laude
A Latham team led by David Frazier won the “Litigators of the Week” competition, alongside co-counsel at Covington, for their outstanding representation of AbbVie in securing the latest of five patent litigation settlements with generic makers that are set to protect its blockbuster immunology drug Rinvoq until 2037.
Latham's Intellectual Property Litigation Practice was honored for securing exceptional trial results this year, including a complete jury trial win for Sarepta Therapeutics and an ITC trial win for Netgear.
Latham honored for representing Avadel in a precedential case against Jazz Pharmaceuticals where the Federal Circuit, in a rare move, ordered Jazz to remove a patent from the FDA’s Orange Book.
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