Matthew Hertko

Matthew J. Hertko represents clients in high-stakes patent litigation, with a particular emphasis on representing innovator pharmaceutical companies in actions brought under the Hatch-Waxman Act.

Matt has experience in all aspects of IP litigation, including conducting direct and cross-examinations of fact and expert witnesses at jury and bench trials; arguing and presenting at Markman, evidentiary, and other types of hearings; drafting various types of briefs and motions, including summary judgment and Markman briefs; and taking and defending depositions of fact, corporate, and expert witnesses.

In addition to representing clients in Hatch-Waxman litigation, Matt has represented clients in a broad spectrum of other technologies, serving as trial counsel for clients in the semiconductor, integrated circuit, consumer electronics, communications, automotive, business machine, nutraceutical, and liquid crystal display markets.

Matt’s practice includes representing clients in jury trials, ITC proceedings, arbitrations, Markman and other evidentiary proceedings, bankruptcy proceedings, and mediations. He has litigated in jurisdictions throughout the United States, including popular patent venues such as the District of New Jersey, Eastern District of Texas, Northern District of California, Northern District of Illinois, Western District of Wisconsin, Southern District of New York, and the ITC.

Matt has written and spoken extensively on patent law, the America Invents Act, and biosimilars and the Biologics Price Competition and Innovation Act (BPCIA). He is also actively involved with, and serves on committees for, the Make-A-Wish Foundation of Illinois, the Intellectual Property Owners Association (IPO), and the Intellectual Property Law Association of Chicago (IPLAC).

EDUCATION :

• University of Illinois (J.D. summa cum laude 2005; Order of the Coif; Articles Editor, Law Review);
• Northwestern University (B.S. in Civil Engineering 2002)

BAR ADMISSIONS:

• Illinois,
• U.S. Court of Appeals for the Federal Circuit, and
• U.S. District Courts for the Northern District of Illinois and Eastern District of Michigan

EXPERIENCE :

• Celgene defends its leading product Revlimid® against patent revocation actions in UK
• Canon wins Rule 36 affirmance of summary judgment and attorneys’ fees in flash memory card patent case
• Celgene enforces its Revlimid® patents against Zydus Pharmaceuticals under Hatch-Waxman Act
• BioMarin asserts patent infringement claims against Dr. Reddy’s Laboratories related to powder form of Kuvan®
• Mando resolves multipatent infringement suit filed by Robert Bosch GmbH
• BioMarin resolves patent infringement claims against Par Pharmaceutical related to Kuvan®
• BioMarin files antitrust suit against Dr. Reddy’s.