Jonathan Herstoff’s experiences include an internship at the United States Court of Appeals for the Federal Circuit under Judge Arthur Gajarsa, a summer in China studying international intellectual-property law, and another summer as a law clerk at the International Trade Commission, further enhancing his federal and global expertise. His work at Frommer Lawrence & Haug includes matters before the United States district courts, the United States Court of Appeals for the Federal Circuit, the Supreme Court of the United States, and the United States Patent and Trademark Office.
Jonathan Herstoff, a Partner in the New York office of Haug Partners, focuses on patent litigation, including Hatch-Waxman cases, where he draws on his substantial background and technical expertise in both chemistry and physics. As an undergraduate, Mr. Herstoff was an intern at Brookhaven National Laboratory where he tested detectors for the Pioneering High Efficiency Nuclear Interaction Experiment (PHENIX). During law school he interned at the United States Court of Appeals for the Federal Circuit under Judge Arthur J. Gajarsa. Mr. Herstoff gained an international perspective on intellectual-property law with studies in China, and he was a summer law clerk at the United States International Trade Commission. He has experience in patent and trademark prosecution. In his litigation practice he prepares briefs for cases before United States district courts, the United States Court of Appeals for the Federal Circuit, the Supreme Court of the United States, and the United States Patent and Trademark Office. Additionally, his practice includes preparation of witnesses for deposition and trial, and participation at trial. His exceptional strength in analytical evaluation of complicated evidentiary and procedural issues affords clients valuable assistance at all stages of litigation.
Mr. Herstoff received a Bachelor of Science degree in chemistry, cum laude, from Muhlenberg College in 2007. In 2010, he received both his J.D. degree, magna cum laude, and an LL.M. degree in Intellectual Property, magna cum laude, from Franklin Pierce Law Center, now known as University of New Hampshire School of Law.
- Supernus v. TWi, No. 17-2513 (Fed. Cir.)
- Hamer v. Neighborhood Hous. Servs. of Chi. et al., No. 16-658 (U.S.)
- Shire Dev., LLC, et al. v. Watson Pharm., Inc., et al., No. 14-206 (U.S.)
- Bowman v. Monsanto Co., No. 11-796 (U.S.)
- Supernus Pharm., Inc. v. Actavis Inc. et al., No. 16-1619 (Fed. Cir.)
- Supernus Pharm., Inc. v. TWi Pharm., Inc. et al., No. 1:15-cv-00369 (D.N.J.)
- Supernus Pharm., Inc. v. Actavis Inc. et al., No. 2:13-cv-04740 (D.N.J.)
- Impax Labs., Inc. v. Shire LLC, No. 1:10-cv-08386 (S.D.N.Y)
- Shire v. Mickle, No. 7:10-cv-00434 (W.D. Va.)
- Shire LLC v. Teva Pharm. USA, Inc., No. 1:10-cv-00329 (D. Del.)
- Shire LLC, et al. v. Amneal Pharm. LLC et al., No. 2:11-cv-03781 (D.N.J.)
- Herstoff, Jonathan. “My Supreme Court Debut: No Room For Nervousness - Law360.” Law360 - The Newswire for Business Lawyers, Law360, 12 Dec. 2017, www.law360.com/articles/992897/my-supreme-court-debut-no-room-for-nervousness.
- Herstoff, Jonathan, and John Balaes. “Supreme Court Clarifies Patent-Exhaustion Doctrine.” Haug Partners LLP, Haug Partners LLP, 30 May 2017, www.haugpartners.com/article/summary-impression-prods-inc-v-lexmark-intl-inc/.
- Herstoff, Jonathan, and Bryan Braunel. “Supreme Court Clarifies Venue in Patent Cases.” Haug Partners LLP, Haug Partners LLP, 23 May 2017, www.haugpartners.com/article/2030/.
- Giove, Nick, and Jonathan Herstoff. “Immersion Corp. v. HTC Corp., No. 2015-1574.” Haug Partners LLP, Haug Partners LLP, 21 June 2016, www.haugpartners.com/article/immersion-corp-v-htc-corp-no-2015-1574/.
- Giove, Nick, and Jonathan Herstoff. “Cuozzo Speed Techs., LLC v. Lee, No. 15-446.” Haug Partners LLP, Haug Partners LLP, 20 June 2016, www.haugpartners.com/article/cuozzo-speed-techs-llc-v-lee-no-15-446/.
- Giove, Nick, and Jonathan Herstoff. “Howmedica Osteonics Corp. v. Zimmer, Inc., No. 2015-1232, -1234, 1239.” Haug Partners LLP, Haug Partners LLP, 12 May 2016, www.haugpartners.com/article/howmedica-osteonics-corp-v-zimmer-inc-no-2015-1232-1234-1239/.
- Herstoff, Jonathan. “SCOTUS: Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.” Haug Partners LLP, Haug Partners LLP, 15 Oct. 2014, www.haugpartners.com/article/scotus-teva-pharmaceuticals-usa-inc-v-sandoz-inc/.
- “Practice Tips from First Ever Inter Partes Review Decision: Garmin v. Cuozzo”, Co-author, BNA’s Patent, Trademark & Copyright Journal
- A Study of GEM Foils Produced at Tech Etch, Nuclear Science Symposium Conference Record, Volume 6 p. 4634-4639, Oct. 26, 2007-Nov. 3, 2007
- Muhlenberg College, (B.S. Chemistry, cum laude, 2007)
- Franklin Pierce Law Center, (J.D./LL.M. Intellectual Property, magna cum laude, 2010)
- New York
- Registered to practice before the U.S. Patent and Trademark Office
- Southern District of New York
- Eastern District of New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- American Bar Association
- New York Intellectual Property Law Association
- New York State Bar Association
- Federal Circuit Bar Association
- New York City Bar Association