Khan_Omar

Omar A. Khan

Omar A. Khan is an accomplished trial and appellate attorney representing the world’s leading life sciences and technology companies in complex and high-stakes intellectual property matters across a wide range of industries. Mr. Khan’s courtroom experience includes jury and bench trials in district courts throughout the country, PTAB proceedings, ITC proceedings, and domestic and international arbitrations. He has also argued and won cases in multiple courts of appeals, including the Second, Ninth and Federal Circuits.

During his career, Mr. Khan has successfully litigated some of the largest and most important “bet-the-company” intellectual property matters, featured by The New York Times, The Wall Street Journal, Bloomberg, Law360 and other national media outlets. His clients are global leaders in the biopharma, medical devices, diagnostics, genomics, computer, telecommunications and financial services industries.

Outside of the courtroom, Mr. Khan serves on Law360’s Intellectual Property Editorial Advisory Board and is a Fellow of the American Bar Foundation. He regularly publishes and speaks on a wide variety of intellectual property topics and developments, including as a guest lecturer at Columbia, NYU and University of Michigan. He also has an extensive pro bono practice, which currently includes serving on the Pro Bono Panel of the US Court of Appeals for the Second Circuit and the Board of Directors of The Bronx Defenders.

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 and 2021. 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 and civil rights matters, and has won numerous awards for his pro bono work, including from 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 has been awarded the Pro Bono Advocacy Award and the Pro Bono Leadership Award by the Federal Circuit Bar Association.

Mr. Khan is co-counsel with The Bronx Defenders, specifically the Family Defense Practice, in multiple matters defending Bronx parents who are at risk of losing custody of their children because they have marginal resources or employment, have unstable housing, or suffer from mental illness or addiction. Mr. Khan and his co-counsel at Bronx Defenders work together to provide legal defense services with the goal of preventing the dissolution of families and the resulting destabilization of children's lives, families and communities in the process.

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.

  • WilmerHale Named New York Law Journal IP Litigation Department of the Year

    WilmerHale’s New York office is home to renowned IP trial lawyers—including Omar Khan—and is an anchor of the firm’s nationwide practice.

    June 20, 2018
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  • WilmerHale Named IP Litigation Powerhouse

    The BTI Litigation Outlook 2019 has identified WilmerHale as an IP Litigation Powerhouse—a stand out firm according to general counsel for “the ability to deliver top-shelf results in IP matters."

    October 18, 2018
    Read More
  • Omar Khan Recognized Among New York's Best for Intellectual Property 

    Omar Khan has been recognized as a New York Rising Star and Super Lawyer, 2013–2019, in The New York Times Magazine.

    July 15, 2019
    Read More

Recognition

  • Litigation Daily's Litigator of the Week Runner Up for a significant triple patent case victory, 2021
  • Law360 Intellectual Property Editorial Advisory Board, 2020 and 2021
  • LMG Life Sciences, Impact Case of the Year for Enzo Life Sciences v. Roche Molecular Systems, 2020
  • Fellow, American Bar Foundation
  • New York "Super Lawyer" for intellectual property litigation matters, 2014–2020, in The New York Times Magazine
  • New York "Rising Star" for intellectual property litigation matters, 2013, in The New York Times Magazine
  • New York State Bar Association’s "Empire State Counsel" award in 2015
  • Federal Circuit Bar Association’s "Pro Bono Leadership Award" in 2012
  • Federal Circuit Bar Association’s "Pro Bono Advocacy Award" in 2011
  • MFY Legal Services’ "Pro Bono Partner in Justice Award" in 2010

Insights & News

Credentials

  • Education

    • JD, Columbia Law School, 2006

      Columbia Law Review, James Kent Scholar
    • MS, Electrical Engineering, Johns Hopkins University, 2003

      Honors, Tau Beta Pi

    • BS, Biomedical Engineering, Johns Hopkins University, 2001

      Honors, Tau Beta Pi

  • Admissions

    • New York

    • US Supreme Court

  • Clerkships

    • The Hon. William C. Bryson, US Court of Appeals for the Federal Circuit, 2008 - 2009

    • The Hon. Naomi Reice Buchwald, US District Court for the Southern District of New York, 2007 - 2008

Credentials