Adam Harber litigates complex civil and criminal cases, with an emphasis on the (usually distinct) areas of intellectual property and white collar criminal defense.
Adam’s civil practice focuses on representing major technology, pharmaceutical, and medical device companies in intellectual property litigation and related disputes, including litigation under the Hatch-Waxman Act and inter partes review proceedings before the USPTO. In The Legal 500’s 2020 Guide, clients recognized Adam as “an excellent oral advocate” who is “incredibly hard-working, super sharp, and can absorb and hold very tricky, nuanced, technical information without getting lost in the weeds – rather, he keeps the litigation strategy mindset top of mind at all times, and uses the technical information to serve that strategy.” His clients have included Google, Dropbox, Intel, Samsung, Pfizer, Alcon, AstraZeneca, and C.R. Bard.
Adam also defends corporate and individual clients in investigations by, and litigation against, the Department of Justice, Securities and Exchange Commission, New York Attorney General, and other government agencies. He has experience in matters involving allegations of financial crimes, securities fraud, and anticompetitive conduct.
Adam received his B.S., with honors, from Carnegie Mellon University in 2003 and his J.D., cum laude, from Harvard Law School in 2006, where he was an editor of the Harvard Law Review and argued for the winning team in the 94th Annual Ames Moot Court Competition. Before joining Williams & Connolly in 2007, he served as a law clerk to The Honorable D. Michael Fisher of the United States Court of Appeals for the Third Circuit.
Though all cases vary and none is predictive, Adam’s experience includes:
Intellectual Property Litigation and Related Disputes
- Obtaining summary judgment for Dropbox in an action brought by Synchronoss Technologies, Inc. alleging that Dropbox’s products used by hundreds of millions of customers worldwide infringed three synchronization-related patents.
- Serving as trial counsel to Teva’s Branded Division in a patent infringement action in the District of Delaware relating to Teva’s Bendeka®, a drug with over $2 billion in cumulative sales. Teva prevailed on all claims in a victory that earned Adam and his team recognition as "Legal Lions" by Law360.
- Representing clients in patent infringement actions in the Western District of Texas, including Google in a matter related to Gmail, and YouTube in an ongoing matter related to content editing technology.
- Serving as trial counsel to Pfizer in a number of patent infringement actions in the District of Delaware concerning the antibiotic Tygacil®, and representing Pfizer’s subsidiary Wyeth in related inter partes review proceedings. In one of the first pharmaceutical inter partes review cases to proceed to trial and appeal, Wyeth prevailed on all claims and had the finding affirmed by the Federal Circuit.
- Serving as trial counsel to Pfizer in litigation in the District of Delaware concerning Pfizer’s platform-technology patent for abuse-resistant opioid drugs, embodied by its Embeda® product.
- Representing Google in patent litigation in the District of Delaware and related inter partes review proceedings related to facial recognition technology.
- Representing Samsung in patent litigation in the Eastern District of Texas related to Internet of Things technology.
- Defending a medical device company in patent litigation in the Northern District of California, which resulted in a successful jury verdict on all claims. The Federal Circuit reversed the District Court’s ruling on a claim construction issue, and the case subsequently settled.
- Advising Intel regarding several technology and IP-related disputes.
Criminal Defense and Government Investigations
- Representing former Jefferies bond trader Jesse Litvak in high-profile appeal and retrial of securities fraud charges, which ultimately led to acquittal by the jury on, or dismissal by the government of, all charges.
- Representing an individual client in DOJ and related investigations concerning LIBOR, which closed without settlement, charges, or an enforcement action.
- Representing a Fortune 500 telecommunications company in an SEC investigation, which closed without settlement, charges, or an enforcement action.
- Representing the CEO of a Fortune 500 technology company in an indicted securities fraud matter which concluded with the government voluntarily dismissing all charges.
- Representing individual clients in FINRA investigation, which closed without settlement, charges, or an enforcement action.
- Serving as lead defense counsel in a pro bono felony trial, in which the jury returned a verdict of not guilty on all but a lesser included charge for which the client was sentenced to time served.
"Legal Lion," Law360, May 2020
"Rising Star," Washington, D.C. Super Lawyers Magazine, 2016-2020