Omar A. Khan is a leading trial and appellate lawyer representing the world’s top technology and life sciences companies in complex and high-stakes intellectual property matters. He is regularly recognized and ranked by Chambers, Managing IPLegal 500LMG Life Sciences, IAM Patent, and Litigation Daily, and he 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 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.

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 an editor of WilmerHale's Federal Circuit Patent Watch and 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.

  • New York Law JournalIP 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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  • BTI, IP Litigation Powerhouse

    BTI Litigation Outlook 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
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  • US News, Patent Law Firm of the Year

    WilmerHale named among the 2022 U.S. News Best Law Firms and also named Law Firm of the Year in Patent Law.

    November 5, 2021
    Read More

Recognition

  • Award Text

    Leading Lawyer for Intellectual Property

    Chambers USA

    2022

  • Award Text

    IP Star

    Managing IP

    2022

  • Award Text

    World's Leading Patent Professionals

    IAM Patent 1000

    2022

  • Recognized in the 2022 edition of Chambers USA: America’s Leading Lawyers for Business in the category of Intellectual Property: Patents, with sources saying that he is a “fantastic, excellent litigator”; “absolutely fantastic”; “fantastic lawyer”; “equally a really good business partner”; “no-nonsense in his approach”; and “great at putting himself in the shoes of in-house counsel and giving his advice through that lens”
  • Recognized by IAM Patent 1000 in 2022, noting he is “hailed” as “smart, experienced and easy to work with” and a “practical and strategic litigator who pays attention to his clients’ goals”
  • Named an IP Star by Managing Intellectual Property in 2022 and recognized as a leading IP lawyer in Patents – United States (National) and New York
  • Recognized by Legal 500 in 2022 as a “key lawyer” and “noted practitioner” in Patent Litigation
  • Litigation Daily's Litigator of the Week Runner Up for a significant triple patent case victory, 2021
  • Listed as one of the “best performing” appellate practitioners at the Federal Circuit in Patexia CAFC Intelligence Report 2021
  • Law360 Intellectual Property Editorial Advisory Board, 2020–2022
  • 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, 2014–2021, 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