Education
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University of Baltimore School of Law, J.D., with honors, 1990
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University of Colorado at Boulder, B.A., Chemistry and Biochemistry, 1981
Bar Admissions
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District of Columbia
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Maryland
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U.S. Patent and Trademark Office
Clerkships
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Hon. Phillip Baldwin,
U.S. Court of Appeals for the Federal Circuit,
1988
- 1989
Court Admissions
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United States Supreme Court
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U.S. Court of Appeals for the Federal Circuit
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Maryland Court of Appeals
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Toni Herbert represents U.S. and international clients through every stage of intellectual property (IP) development. She handles IP auditing and due diligence, patent litigation, licensing and technology transfer and corporate issues related to drug development.
Specifically, Ms. Herbert works with clients to identify patentable inventions and develop IP protection strategies, oversees the preparation and prosecution of patent applications before the U.S. Patent and Trademark Office (USPTO) and serves as lead counsel in interference proceedings and trial counsel in patent infringement actions. She has prepared and filed the many different documents pertaining to patent right acquisition in the United States and abroad (or their attempted enforcement in U.S. courts), analyzed such patents and advised clients concerning their validity, enforceability and potential for infringement. She focuses on which legal services best advance a client’s business objectives, having counseled numerous corporations, investment banking entities and venture capital groups.
Ms. Herbert was a founding partner of the IP firm Shanks and Herbert. Her litigation experience makes her highly capable of assisting clients during all phases of the discovery process, including drafting/filing and responding to document requests and interrogatories, preparing and filing discovery motions, deposing witnesses, defending witnesses and selecting, deposing and preparing experts.
Ms. Herbert has applied her experience as a litigator to the needs of disabled veterans and has advocated for their rights from the Board of Veterans Appeals to the U.S. Supreme Court.
Representative Matters
- Defended a subsidiary of the world’s largest research-based pharmaceutical company regarding an alleged infringement of patents concerning Hepatitis C virus (HCV) technology, brought by a multinational biotechnology firm.
- Defended a multibillion dollar manufacturer in a patent infringement case involving marine stern drives.
- Represented an S&P 500 chemical company in a declaratory judgment action brought by an American aerospace manufacturing company relating to patents on polymeric compositions.
- Represented a small U.S. company in patent infringement litigation concerning tissue technology.
- Represented one of the world’s largest pharmaceutical companies in evaluating a potential multibillion dollar acquisition of a European biotechnology company.
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