Heller Ehrman - David J. Harth Bio

Art Detail from Heller Ehrman's Washington, D.C. office

Education

University of Wisconsin (B.A., 1976; J.D., 1979); Order of the Coif; Articles Editor, Wisconsin Law Review (1978-1979). Mr. Harth clerked for the Honorable John W. Reynolds, Chief Judge, U.S. District Court for the Eastern District of Wisconsin from 1979-1980.

Admissions & Courts

Wisconsin; District of Columbia; U.S. Supreme Court; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the District of Columbia; U.S. Court of Appeals for the Seventh Circuit; U.S. District Court for the District of Columbia; U.S. District Courts for the Western and Eastern Districts of Wisconsin. Mr. Harth has been admitted pro hac vice in a number of other federal and state courts.

Memberships

American Intellectual Property Law Association; Litigation and Intellectual Property Sections, American Bar Association.

David J. Harth
Shareholder

Intellectual Property Litigation
Life Sciences
Appeals & Strategy

Madison, WI
Direct: +1 (608) 663-7470
Fax: +1 (608) 663-7499
Washington, D.C.
Direct: +1 (202) 912-2193
Fax: +1 (202) 912-2020
david.harth@hellerehrman.com
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Experience

David J. Harth is a trial lawyer who has spent his career handling high-stakes civil litigation, often involving complex scientific and technical issues.

He has more than 25 years of experience trying all types of cases, including patent, trademark and copyright, products liability, environmental damage, engineering and accounting malpractice, civil rights, public law, securities fraud, insurance, and Uniform Commercial Code actions. Mr. Harth also has considerable experience arguing cases in federal and state courts of appeal. For the past 15 years, Mr. Harth has focused on intellectual property litigation, and has served as lead trial counsel in a number of high-profile patent and trademark infringement cases, many involving pharmaceuticals, biotechnology and human genetics. Mr. Harth makes extensive use of computerized litigation management systems and case presentation technology.

Mr. Harth is a fellow of the American College of Trial Lawyers and is listed in the most recent The Best Lawyers in America and Chambers USA America’s Leading Business Lawyers. Mr. Harth also was named to the Washington, DC Superlawyers magazine 2007 list. Mr. Harth is a recipient of the Richard E. Guggenhime Pro Bono Award (2006) and the William Gorham Rice Civil Libertarian of the Year award for his legal work in opposition to school censorship of books (1999).

Education

Admissions & Courts

Memberships

American Intellectual Property Law Association; Litigation and Intellectual Property Sections, American Bar Association.

Representative Engagements

Daiichi Sankyo v. Mylan Laboratories, D.N.J. (ongoing). Represent generic drug manufacturer in Hatch-Waxman litigation over patent rights to olmesartan.

University of California v. Microtherapeutics Inc., N.D. Cal. (2007). Defense of patent infringement action involving intra-vascular coils used in the treatment of brain aneurysms. Case settled the morning of trial.

Pfizer v. Mylan Laboratories, Fed. Cir. (2007). Obtained stay of injunction leading to generic launch of amlodipine.

Briggs and Stratton v. Kohler Corp., W.D. Wis. (ongoing). Defense of patent infringement action involving small engine technology. Jury found no infringement and that the asserted patents were invalid for obviousness.

Gamesa Eolica SA v. General Electric Wind Energy, W.D. Wis. (2005). Obtained summary judgment of non-infringement in patent infringement action involving variable speed wind turbine technology.

Isco Int'l v. Conductus, 2005 U.S. App. LEXIS 1709 (Fed. Cir. 2005). Federal Circuit affirmed defense verdict of noninfringement, invalidity and inequitable conduct in case involving cell phone base station technology.

PPC v. Arris Telewire, W.D. Wis. (2003). Represented owner of coaxial cable networking equipment patent in infringement action against competitor. The action was filed on July 1, 2003. Plaintiff obtained a preliminary injunction and sought an expedited trial on the merits. Seven-day jury trial commenced on December 1, 2003 and resulted in unanimous verdict of willful infringement and rejection of all invalidity defenses.

Cisco Systems v. Huawei Technologies, E.D. Tex. (2003). Defense of copyright, patent infringement, and trade secret action involving computer code and user interface for Internet routers and switches. Settled after preliminary injunction proceedings.

Third Wave Technologies v. EraGen Biosciences, W.D. Wis. (2003). Defense of action for infringement of patents on nucleic acid detection methods involving invasive cleavage. Case settled following Markman hearing before the Honorable Barbara Crabb.

MorphoSys AG v. Cambridge Antibody Technology, Ltd., D.D.C. (2002). Defense of series of patent infringement actions involving phage display libraries for the production of synthetic human antibodies. In March 2001, acted as one of two lead counsel in a two-week jury trial that resulted in a hung jury (6-4 for finding patent invalid). In August, 2001, the district court granted MorphoSys’ motion for summary judgment of noninfringement resulting in a favorable resolution of remaining claims.

Wisconsin Alumni Research Foundation v. Geron Corp, W.D. Wis. (2001). Represented WARF in litigation over license rights to the Thomson embryonic human stem cell patents. Case was favorably resolved after summary judgment proceedings.

Pro Bono

Wilson v. Schofield, Butts Co., Georgia (ongoing). State habeas corpus proceedings seeking to overturn imposition of death penalty.
Freeman v. Berge, W.D. Wis. (2004). Represented prison inmate challenging conditions of confinement at Wisconsin Supermax prison. Jury found that prisoner had been subjected to cruel and unusual punishment in violation of Eighth Amendment and awarded $1.2 million in damages, later reversed by Seventh Circuit.
McConnell v. FEC, D.D.C. 540 U.S. 93 (2003). Represented members of Congress, including Senators John McCain and Russell Feingold, in defense of constitutionality of Bipartisan Campaign Reform Act of 2002. Extensive coordination with DOJ and FEC in formulating all aspects of the defense. Law upheld by U.S. Supreme Court in December 2003.

Education

Admissions & Courts

Memberships

David J. Harth Shareholder

Experience

Education

Admissions & Courts

Memberships

Representative Engagements

David J. Harth
Shareholder