Eileen M. Herlihy, JD

Patent Attorney

“It's highly satisfying to work at a firm with the flexibility to provide prompt, cost-effective, and top-notch service to its clients.”

Beginning her legal career at a general Boston law firm, Eileen found herself longing for cases with a scientific twist. Realizing that she missed the chemistry and biochemistry issues she enjoyed as a graduate student and wrote about as a law student, she consulted with a colleague who said, “if I had your science background, I would be doing patent law.”

Taking her colleague’s advice, Eileen joined a large intellectual property (IP) law firm, and she has enjoyed practicing IP law ever since. She has been a partner at two major law firms, serving as head of the IP litigation practice group at one of them. She has also taught patent law as both a full-time professor and an adjunct professor. 

The scope of Eileen’s background in IP law is extensive. With a specialty in patent law, she has over 20 years of experience in patent litigation and appellate work. As a registered U.S. patent attorney, she has also counseled clients on patent procurement, joint ventures, licenses, and other IP agreements. Her work has spanned a broad spectrum of technologies and industries, including biotechnology, chemistry, pharmaceuticals, medical devices, computer and internet technologies, and consumer products. She has represented diverse clients ranging from major corporations, such as Amgen and The Gillette Company, to individual inventors. Eileen goes above and beyond in her work, so she has been fortunate to get most of her work from repeat clients throughout her career.

Eileen has worked on numerous patent cases in the biotech area, including cases involving recombinant DNA technology, DNA transcription, plasmid vector technology, cotransformation of mammalian cells, protein synthesis, and biologics.  She was one of the lead counsel in a multiparty suit involving the Columbia Axel Patents. She has prior laboratory experience in DNA mapping and sequencing. She has also worked on diverse patent cases in the medical device and mechanical design areas, ranging in scope from coronary stents to rear-entry ski boots.

At Leber IP Law, Eileen is combining her patent litigation and legal writing skills in leading Leber IP Law’s Patent Trial and Appeal Board (PTAB) practice. She recently co-presented a webinar about estoppel issues that may be triggered under the America Invents Act as a result of proceedings before the PTAB.

Residing in the Boston area, Eileen is actively involved in IP organizations, including the PTAB Bar Association, the American Intellectual Property Law Association, and the Boston IP American Inn of Court, where she has served as a member of the Founders Committee and as counselor and is currently a member of the board. She has also served at the Boston Bar Association as co-chair of the Intellectual Property Litigation Committee, member of the Intellectual Property Law Steering Committee, and member of the Litigation Steering Committee. She has achieved the highest ranking by Martindale-Hubbell, AV Preeminent. 

In her spare time, Eileen enjoys swimming, sailing, and cross-country skiing. She is also an avid fan of theater and ballet.
 

Contact Eileen

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Specialties​

  • Biotechnology

  • Consumer products

  • Chemistry

  • Appellate practice

Education

J.D., Boston University School of Law, cum laude, 1982


M.S., Chemistry, Dartmouth College, 1977


A.B., Chemistry and English, Wellesley College, 1974

Admissions

U.S. Supreme Court


U.S. Court of Appeals for the Federal Circuit


U.S. District Court for the District of Massachusetts


Massachusetts Bar

 

U.S. Patent and Trademark Office

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