Cases, Transactions, Work Experience:
Mr. Cantor has 43 years of experience in patent law. He started his career as a U.S. Patent Office Examiner in the field of high polymer chemistry. After leaving the Patent Office in 1967, he spent the rest of his career practicing client counseling, representing clients in licensing negotiations and preparing licenses, providing patent validity and infringement opinions, patent and trademark litigation, patent prosecution for chemical, mechanical, and electrical technologies, and trademark prosecution. During this period, Mr. Cantor was a senior partner in the firm of Cantor & Kraft until its merger with the firm of Wegner & Bretschneider to form Wegner, Cantor, Mueller & Player, P.C. where he maintained the same practice and added a supervisory role managing associates in patent and trademark prosecution. He was with Wegner, Cantor, Mueller & Player, P.C. for a total of nine years.
The subsequent seven years, Mr. Cantor continued his practice as a Partner of Evenson, McKeown, Edwards & Lenahan, P.L.L.C. where he was managing partner. A merger with Crowell and Moring allowed Mr. Cantor to continue the practice of patent law as a Partner for Crowell & Moring. He later became Senior Counsel of Crowell & Moring. Mr. Cantor served as an associate editor of the Catholic University Law Review; he is a former Adjunct Professor of Law at the Georgetown University Law Center, where he taught international licensing. Mr. Cantor also served for two years as President of the Maryland Patent Law Association.
Mr. Cantor retired as Senior Counsel with Crowell & Morning at the end of 2005 and continues to practice patent law.
Admitted to Practice (State):
- District of Columbia
Admitted to Practice (Federal):
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the District of Columbia circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the district of Maryland
- U.S. District Court for the District of Columbia
- United States Patent and Trademark Office
Mr. Cantor has extensive experience in patent and trademark litigation, both at the trial and appellate level. Representative court of appeals cases which were published are Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana (at both the trial level and the appeal), In re Ochiai, Intervet America, Inc. v. Kee-Vet Labs, Inc. (at both the trial level and the appeal), Griffith v. Kanamaru, Hybritech v. Monoclonal Antibodies, Inc., Surface Technology, Inc. v. U.S. Intl Trade Comm (represented the respondent/intervenor Elektroschmeltzwerk Kempten GmbH at both the trial level and the appeal), Marcon v. Helena Rubenstein, Inc., and Eli Lilly & Co. v. Generix Drug Sales, Inc. In addition, Mr. Cantor represented The Bar Association of the District of Columbia as amicus curiae in the appeals of Markman v. Westview Instruments, Inc., In re Donaldson Co., Inc., and A.C. Aukerman Co. v. R.L. Chaides Constr. Co. Mr. Cantor also appeared before the U.S. International Trade Commission in In re Certain Swivel Hooks and Mounting Brackets.
Publications and Seminars:
- Note, Patents-Effective Filing Date of Continuing Application-35 U.S.C. § 120-Ex parte Henriksen, 839 O.G. Pat. Off. 154 U.S.P.Q. 53 (Pat. Off. Bd. App. 1966), 17 Cath. U.L. Rev. (1968)
- Norman Rushefsky and Herbert I. Cantor, FTC Section 5 Powers and the Pfizer-Cyanamid Imbroglio: Where do we Go From Here, or “You Ain’t Seen Nothing Yet” , 51 JPOS 414 (1969)
- Herbert I. Cantor, Patent Infringement in Major Countries Seminar II: What is Infringement in the U.S., Paper delivered in English at the Kyoto Comparative Law Center Seminar in Osaka, Japan, April 13-14, 1992, Published in Japanese Translation in the Proceedings of the Seminar (1993)
Herbert I. Cantor, Brown Bagging It-Free Lunch for Farmers, 75 JPTOS 754 (1993)
- Herbert I. Cantor, The Asgrow Paradigm, 75 JPTOS 820 (1993)
- Herbert I. Cantor, Inventorship vs. Ownership in the United States? , 48 J. of the Japanese Group A.I.P.P.I 4 (2003) (published in Japanese)
- Herbert I. Cantor, The Effect, if any, of Knorr-Bremse v. Dana Corp. on Willful Infringement and Opinions of Counsel, 50 J. of the Japanese Group A.I.P.P.I 4 (2005) (published in Japanese)