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Herbert F. Schwartz
Retired Partner




Ropes & Gray
1211 Avenue of the Americas
New York, NY 10036-8704

T + 1-212-596-9010
F + 1-646-728-2563
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Practice

Herb Schwartz was a partner in Ropes & Gray's Intellectual property Group until his retirement on December 31, 2007. He joined Ropes & Gray in 2005 when it merged with Fish & Neave, the IP boutique where he was a partner from 1971 to 2004 and Managing Partner from 1985 to 1991.

Herb spent his career litigating intellectual property law matters. He represented various clients in many well-known high profile intellectual property disputes, including Purdue Pharma in Purdue v. Endo, AstraZeneca and Aventis in Housey v. AstraZeneca, et al., Digital Equipment in Digital v. Intel, Motorola in NBA v. Motorola and Polaroid Corporation in Polaroid v. Kodak.

In recent years, Herb represented clients such as Aventis Pharmaceuticals, AstraZeneca, The Coca Cola Company, Compaq Computer Corporation, Cubaexport, Digital Equipment Corporation, Forest Laboratories, Hershey Foods, Hewlett-Packard, Lever Brothers, Motorola, Pernod Ricard, Polaroid, Praxair, Purdue Pharma, Revlon, Tessera, Textron and WeddingChannel in significant patent, trademark, copyright, trade secret and licensing litigation. He tried many cases and argued many appeals on behalf of these and other clients. He also served as a special master and mediator in numerous intellectual property litigations.

Honors & Awards

  • American College of Trial Lawyers, Fellow
  • American Bar Foundation, Fellow
  • American Law Institute, Member
  • Lawdragon 500: Leading Lawyers in America (2005-2007)
  • The National Law Journal's 100 Most Influential Lawyers in America (1997, 2000)
  • The Best Lawyers in America (since inception)
  • The World's Leading Lawyers for Business, "remains a true behemoth of the IP litigation world"; "widely considered to 'belong at the top of the tree'." (Chambers USA, 2006-08 and Chambers Global, 2005-06)
  • Lifetime Achievement Award, Sedona Conference 2005
  • Legal Times' Intellectual Property: Who's Who in IP (2001)
  • Litigator of the Year, Managing Intellectual Property (1999)
  • Euromoney's The Best of the Best (2000, 2004, 2006)
  • Euromoney's Guide to the World's Leading Litigation Lawyers
  • Euromoney's Guide to the World's Leading Patent Law Experts (2003, 2005)
  • Euromoney's Guide to the World's Leading Trademark Law Practitioners (2004)
  • Euromoney's Guide to the World's Leading Technology, Media & Telecommunications Lawyers
  • New York Super Lawyers (2006)


Professional & Civic Activities

  • Adjunct Professor of Law at the University of Pennsylvania Law School since 1980, teaching courses in Patents, Trade Secrets, Trademarks, Unfair Competition and Copyright Law
  • Adjunct Professor of Law at New York University Law School since 2003, teaching courses in Patents and Trademarks
  • Author, Patent Law And Practice, the first edition of which as published in 1988 and the second edition in 1995 by the Federal Judicial Center, the third edition in 2001, the fourth edition in 2003, and the fifth edition in 2006, all by BNA.  All editions have been made available to all Federal Judges.
  • Co-author of a 1998 patent law casebook entitled Principles of Patent Law. The second edition was published in 2001 and the third edition in 2004.
  • Advisor, The American Law Institute Project -- Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes
  • Testified at different times before Congress at its invitation on issues relating to innovation and patent law reform
  • Trustee and Member, Corporation of the Woods Hole Oceanographic Institution in Woods Hole, MA
  • First Lieutenant, United States Army Signal Corps, 1957-59
  • New York Intellectual Property Law Association (Past President)


Education
  • 1964, LL.B., cum laude, University of Pennsylvania Law School; Order of the Coif; Editor, Law Review
  • 1964, M.A. (Applied Economics), The Wharton School, University of Pennsylvania
  • 1957, B.S.E.E. (Electrical Engineering), Massachusetts Institute of Technology



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