WilmerHale

Appellate and Supreme Court Litigation; Artificial Intelligence; FinTech; Intellectual Property Litigation; Life Sciences; Litigation; Post-Grant Proceedings; Technology; Trade Secrets; Trials

Partner

Co-Chair, Trade Secrets Practice

Omar A. Khan is a leading trial and appellate lawyer representing the world’s top technology and life sciences companies in high-stakes intellectual property matters. He is regularly recognized and ranked by Chambers, Managing IP, IAM Patent, Legal 500, Best Lawyers, and others, and he has successfully litigated some of the most challenging “bet-the-company” intellectual property matters, featured by The New York Times, The Wall Street Journal, Bloomberg, Law360 and other national media outlets. His nearly 20 years of courtroom experience includes jury and bench trials in district courts throughout the country, PTAB proceedings, ITC proceedings, and international arbitrations. He has argued and won cases in multiple courts of appeals, including the Second, Ninth, and Federal Circuits, and represented clients in connection with over 30 appeals before the Federal Circuit.

Outside of the courtroom, Mr. Khan has an extensive pro bono practice, which includes service on the Pro Bono Panel of the US Court of Appeals for the Second Circuit and the boards of The Bronx Defenders and Legal Services NYC, as well as representations of pro bono clients in veterans benefits, voting rights, and civil rights matters, for which he has received awards and recognition from the Federal Circuit Bar Association, the New York State Bar Association, MFY Legal Services, and others. He also regularly publishes and speaks on a wide variety of intellectual property topics and developments, including as a guest speaker at Columbia, NYU, and University of Michigan and as an editor of WilmerHale's Federal Circuit Patent Watch, The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences, and Readily Ascertainable—WilmerHale's Trade Secret Bulletin. His work has been featured as a Top Read and he also has been recognized as a Top Author and Readers Choice by JDSupra for his coverage of patents and related matters. He is also a Fellow of the American Bar Foundation.

Professional Activities

Mr. Khan is a Fellow of the American Bar Foundation. He was appointed to Law360’s Intellectual Property Editorial Advisory Board for 2020–2022. Mr. Khan is a member of the Federal Circuit Bar Association, where he was vice chair of the Pro Bono Committee and continues to serve on the Pro Bono, PTO and Amicus Committees. He is also active in the New York Intellectual Property Law Association, where he serves on the Programs and Patent Litigation Committees, and in the Intellectual Property Owners Association, where he serves on the Pharmaceutical & Biotechnology Issues committee.

Pro Bono

Mr. Khan has an extensive pro bono practice, with a particular focus on veterans, disability, voting rights, and civil rights matters, and has been repeatedly recognized for his pro bono work, including by the Federal Circuit Bar Association, the New York State Bar Association and MFY Legal Services. He has acted as counsel or co-counsel to The Bronx Defenders, MFY Legal Services, Disability Rights New York, New York Lawyers for the Public Interest and the National Veterans Legal Services Program. He has also been appointed pro bono counsel, including by the Second, Sixth and Ninth Circuits, to represent indigent prisoners and defendants in civil appeals raising various habeas and civil rights issues, including issues of ineffective assistance of counsel, due process and equal protection.

As vice chair of the Pro Bono Committee of the Federal Circuit Bar Association, Mr. Khan coordinated the association's pro bono efforts relating to veterans and PTO appeals to the Federal Circuit. Mr. Khan also represents veterans and their spouses in Federal Circuit appeals relating to their claims for disability benefits. For his veterans work and contributions to the Pro Bono Committee, Mr. Khan was awarded the Pro Bono Advocacy Award and the Pro Bono Leadership Award by the Federal Circuit Bar Association.

Mr. Khan coached teams of middle school students for the Thurgood Marshall Junior Mock Trial competition, held annually at the Bronx Supreme Court and involving more than 1,000 students competing on behalf of 20 middle schools from the Bronx, Manhattan, Queens and Westchester County. He coached the St. Ignatius Loyola team that won the competition in 2010 and was featured in the New York Daily News for the victory.

Mr. Khan also represented various public interest organizations advocating for individuals with disabilities and filed amicus briefs in state and federal appellate courts on their behalf, for which he received the Pro Bono Partner in Justice Award from MFY Legal Services.

Past Experience

Prior to joining WilmerHale, Mr. Khan served as a law clerk to the Honorable William C. Bryson of the US Court of Appeals for the Federal Circuit and the Honorable Naomi Reice Buchwald of the US District Court for the Southern District of New York.

Mr. Khan also served as a Patent Examiner in the United States Patent and Trademark Office from 2001 to 2003, focusing on applications for patents directed to medical devices, diagnostics and other biotechnology.

Court Admissions: New York US Supreme Court

JD, Columbia Law School, 2006 MS, Electrical Engineering, Johns Hopkins University, 2003 BS, Biomedical Engineering, Johns Hopkins