John Herman

Partner

“We enforce our clients’ rights vigorously and with integrity.”

John Herman has spent his career handling complex high-stakes litigation and enforcing the intellectual property rights of renowned inventors and innovators.

John Herman is a partner at the Firm, the Chair of the Firm’s Intellectual Property Practice and manages the Firm’s Atlanta office. His practice focuses on complex civil litigation, with a particular emphasis on high technology matters. His experience includes securities, patent, antitrust, whistleblower and class action litigation. Herman also has significant first chair trial experience, handling numerous cases through verdict in both federal and state courts.  

Herman has worked on many noteworthy cases and successfully achieved favorable results for his clients. His notable cases include a recent derivative settlement of $60 million on behalf of Community Health Systems, as well as leading a team of attorneys enforcing the 3Com Ethernet patents, winning two jury trial victories in federal court. Herman also represented renowned inventor Ed Phillips in the landmark case of Phillips v. AWH Corp. He has represented the pioneers of mesh technology – David Petite, Edwin Brownrigg and SIPCO – in connection with their mesh technology portfolio. Herman has also worked on numerous class action cases, including acting as lead plaintiffs’ counsel in the Home Depot shareholder derivative action, which achieved landmark corporate governance reforms for investors.

Herman has been recognized for his legal work by both his peers and legal publications. He is a Fellow of the Litigation Counsel of America. Herman was also voted by his peers as one of the leading intellectual property litigators in the Southeast. He has been named a Super Lawyer numerous times and was ranked on the “Top 100” Georgia Super Lawyers list. Additionally, he was listed as one of “Georgia’s Most Effective Lawyers” by Legal Trend magazine and was voted by peers as one of Atlanta Magazine’s 2017 Top Lawyers in Georgia.

Herman graduated with a Bachelor of Science degree summa cum laude in Biochemistry from Marquette University. He earned his Juris Doctor degree from Vanderbilt University Law School, where he was Editor-in-Chief of the Vanderbilt Journal and chosen as a John Wade Scholar. Herman has also served as a member of Vanderbilt University’s Law School Board and on the Federal Circuit’s Government Employees’ Pro Bono Committee.

Presentations and Articles

  • Law Seminars International, Technology and Cloud Transactions – What, Me Worry? Identifying Exactly Who is Likely to Sue Whom and What is at Stake (April 27, 2015)
  • North American Entertainment, Sports, and Intellectual Property Law Conference, The Next Decade of Patent Litigation – Grand Slam (Nov. 10, 2007)
  • Law Seminars International, Update on Telecommunications Market Barriers:  Regulatory and Intellectual Property Law (Nov. 2, 2006)
  • John C. Herman & Ryan K. Walsh, When is Your Copyrighted Work Really Not Your Copyrighted Work?, State Bar of Georgia – Intellectual Property Law Section Newsletter (Fall 2002)
  • John C. Herman, Court Offers Guidance on Striking Similarity And Establishing Independent Creation, Law Journal Newsletters – Entertainment Law & Finance (Nov. 2002)
  • John C. Herman & Jamie N. Shipp, Free Speech or Spam? Legal Challenges to Unsolicited Fax and Email, Technology Law (April – June 2002)
  • John C. Herman & Paul K. Ferdinands, Acquiring Technology in Today’s Market (2001)
  • John C. Herman, Biotechnology and Recently Amended Section 337: Federal Circuit Grants No Protection, 24 Vanderbilt Journal of Transnational Law 827 (1991)

Practices

Class Action Litigation
Intellectual Property
Securities Fraud
Whistleblower

Honors & Awards

  • Fellow, Litigation Counsel of America (LCA) Proven Trial Lawyers
  • Recognized by his peers as being among the leading intellectual property litigators in the Southeast
  • Top Lawyers, Atlanta Magazine, 2017
  • Super Lawyer, 2005-2010, 2016-2017
  • Named to the “Top 100” Georgia Super Lawyers list, 2007
  • Named one of “Georgia's Most Effective Lawyers” by Legal Trend

Education

Vanderbilt University Law School, J.D., 1992

  • Editor-in-Chief, Vanderbilt Journal
  • John Wade Scholar

Marquette University, B.S., 1988, Biochemistry, summa cum laude

Admissions

  • Georgia
  • United States Supreme Court
  • United States Courts of Appeals for the Fourth, Eleventh and Federal Circuits
  • United States District Courts for the Northern and Middle Districts of Georgia
  • United States District Court for the District of Colorado
  • United States District Court for the Eastern District of Wisconsin
  • United States District Court for the Eastern District of Texas
John  Herman

Office

Atlanta
T: (404) 504-6500
F: (404) 504-6501