Omar A. Khan is an accomplished trial and appellate attorney with extensive experience representing life sciences and technology-focused clients in complex and high-stakes intellectual property matters.
Mr. Khan’s courtroom experience includes jury and bench trials in district courts throughout the country, PTAB proceedings, ITC proceedings, and domestic and international arbitrations. He has also successfully argued cases in multiple courts of appeals, including the Second, Ninth and Federal Circuits.
During his career, Mr. Khan has successfully litigated some of the largest and most important “bet-the-company” intellectual property trial and appellate matters for leaders in the biotechnology, medical devices, diagnostics, genomics, pharmaceuticals, computer hardware and software, networking, telecommunications and financial services industries.
Mr. Khan regularly publishes and speaks on a wide variety of intellectual property topics and developments, including as a guest lecturer at Columbia, NYU and University of Michigan. He also has an extensive pro bono practice, which includes serving on the Board of Directors of The Bronx Defenders and on the Pro Bono Panel of the US Court of Appeals for the Second Circuit.
Mr. Khan is a member of the Federal Circuit Bar Association, where he was Vice Chair of the Pro Bono Committee and continues to serve on the Pro Bono, PTO and Amicus Committees. He is also active in the New York Intellectual Property Law Association, where he serves on the Programs and Patent Litigation Committees, and in the Intellectual Property Owners Association, where he serves on the Pharmaceutical & Biotechnology Issues committee.
In addition, Mr. Khan is a member of the firm’s New York Hiring Committee, Diversity Committee, Associate Committee, and Senior Associate Committee, and he is also a co-chair of the firm’s New York summer associate program. He also frequently speaks and presents on issues ranging from discovery to trial and appellate advocacy, as part of the firm’s litigation training and legal development programs.
Prior to joining WilmerHale, Mr. Khan served as a law clerk to the Honorable William C. Bryson of the US Court of Appeals for the Federal Circuit and the Honorable Naomi Reice Buchwald of the US District Court for the Southern District of New York.
Mr. Khan also served as a Patent Examiner in the United States Patent and Trademark Office from 2001 to 2003, focusing on applications for patents directed to medical devices, diagnostics and, other biotechnology.
Mr. Khan has an extensive pro bono practice, with a particular focus on veterans, disability and civil rights matters, and has won numerous awards for his pro bono work, including from the Federal Circuit Bar Association, the New York State Bar Association and MFY Legal Services.
He has acted as counsel or co-counsel to The Bronx Defenders, MFY Legal Services, Disability Rights New York, New York Lawyers for the Public Interest and the National Veterans Legal Services Program.
He has also been appointed pro bono counsel, including by the Second, Sixth and Ninth Circuits, to represent indigent prisoners and defendants in civil appeals raising various habeas and civil rights issues, including issues of ineffective assistance of counsel, retaliation, due process and equal protection.
Mr. Khan also represented various public interest organizations advocating for individuals with disabilities and filed amicus briefs in state and federal appellate courts on their behalf, for which he received the Pro Bono Partner in Justice Award from MFY Legal Services.
- Summary judgment invalidating the key patent asserted against our clients, multiple medical device and diagnostics companies. The judge ultimately entered a final judgment as to that patent, stayed the remainder of the claims and closed the cases.
- Dismissal of all asserted patents in EDTex action brought against our client, a manufacturer of microarray scanning instruments
- Summary judgment of all patent infringement claims, resulting in highly favorable eve-of-trial settlement of remaining breach of contract claim in action brought against our client, a DNA microarray manufacturer
- Summary judgment of all patent infringement claims, resulting in highly favorable eve-of-trial settlement of remaining non-patent claims in action brought against our client, a genetic testing and diagnostic tools company
- One of the largest plaintiff’s jury verdicts in patent litigation history, following a two-week jury trial in infringement action brought by our client, a major networking equipment company
- Dismissal of all asserted patents, after prevailing on all key claim construction arguments, in action brought against our client, a video and broadband services divisions of diversified telecommunications company
- Dismissal of all asserted patents, after prevailing on all key arguments in claim construction in EDTex action brought against our client, a major semiconductor company.
- JD, Columbia Law School, 2006
- MS, Electrical Engineering, Johns Hopkins University, 2003
- BS, Biomedical Engineering, Johns Hopkins University, 2001
ADMISSIONS : New York, United States Supreme Court
- The Hon. William C. Bryson, US Court of Appeals for the Federal Circuit, 2008 – 2009
- The Hon. Naomi Reice Buchwald, US District Court for the Southern District of New York, 2007 – 2008
GOVERNMENT EXPERIENCE : US Patent and Trademark Office.
Rate : $$$$