Herman H. Yue

herman.yue@lw.com

+1.212.906.2977

Profile

Herman Yue devises sophisticated intellectual property solutions for clients, particularly within the life sciences and biopharmaceutical space.

Dr. Yue 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. Dr. Yue routinely provides analysis in anticipation of litigation and IP due diligence in the context of larger transactions.

Dr. Yue maintains an active pro bono practice, including immigration asylum cases and predatory housing matters.

Before practicing law, Dr. Yue 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

Dr. Yue's representative experience includes representing:

Jazz Pharmaceuticals v. Avadel: Avadel in a series of patent infringement lawsuits relating to Avadel’s novel LUMRYZ narcolepsy medication
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 Abbreviated New Drug Application (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*