Practice Expertise

  • Intellectual Property
  • Intellectual Property and Technology ...
  • Competition and Consumer Protection
  • Antitrust and Consumer Protection

Areas of Practice

  • Antitrust and Consumer Protection
  • Competition and Consumer Protection
  • Intellectual Property
  • Intellectual Property and Technology ...
  • Litigation
  • Patent Litigation
  • Post-Grant Proceedings Practice
  • View More

Profile

Brian is a trial lawyer with a practice focusing on all aspects of intellectual property law, with a concentration on patent litigation in US Federal Courts, the International Trade Commission (ITC), and the US Patent Trial and Appeal Board (PTAB).

Brian counsels clients on a wide range of IP issues in various technology industries, including life sciences, pharmaceuticals, medical devices, telecommunications, virtual reality, computer software and fitness devices. He advises technology companies, individual inventors, business owners, and investors in virtually all phases of IP litigation and counseling. Brian is frequently called upon for his keen understanding of technology, his business acumen, and for his ability to formulate cogent and cost effective legal strategies.

Brian has extensive patent litigation experience, representing both patent owners and accused infringers in US District Courts, the PTAB, the ITC, and the US Court of Appeals for the Federal Circuit. In addition to patent disputes, Brian frequently litigates trademark and trade secret matters at the federal and state levels, including numerous appearances in trademark opposition and cancellation proceedings before the US Trademark Trial and Appeal Board (TTAB). Over the course of his practice, Brian has won significant and favorable victories for his clients at all levels of litigation, including at the pleadings stage, summary judgment, trial, and appeal. Understanding, however, the importance of litigation avoidance (when possible) and mitigation of risk, Brian also provides his clients with IP counseling and risk management advice that informs business and technology investments, with an eye toward prudent innovation and thoughtful business strategy.

Although Brian’s practice today focuses on intellectual property, Brian has broad litigation and counseling experience. He has litigated actions concerning violations of federal and state antitrust law, unfair competition, bankruptcy and lenders’ rights, commercial disputes, zoning and land use, condemnation and governmental takings, and Endangered Species Act claims.

Brian is admitted to practice in the US Courts of Appeals for the Third Circuit and Federal Circuit, US Court of Federal Claims, US District Courts for the Eastern District of Pennsylvania, District of New Jersey, and District of Colorado, and US Bankruptcy Courts for the Eastern District of Pennsylvania and District of New Jersey. Brian is also registered to practice before the US Patent and Trademark Office.

Relevant Experience

  • Defending a biotechnology company in two complex serial patent litigations against an industry competitor concerning genetics and related technologies; obtaining key dismissal of multiple patents under 35 U.S.C. § 101; and defending the client in a currently ongoing appeal of those dismissals before the Federal Circuit.
  • Defending a regional insurance company in highly-contested trademark litigation involving several prominent marks of high business importance.
  • Representing computer technology company in parallel patent litigations involving computer and network security.
  • Provides ongoing counsel to multiple Fortune 100 companies on issues relating to intellectual property assessment and acquisition for the purpose of targeted enforcement and licensing efforts.
  • Acting as lead counsel, obtained early and favorable settlement of patent litigation on behalf of an international plumbing supply manufacturing client.
  • Obtained favorable pre-litigation settlement of IP licensing dispute on behalf of German pharmaceutical company, as against a well-known multi-national pharmaceutical company. The dispute concerned exclusive licensing rights to the Active Pharmaceutical Ingredient (API) in a popular over-the-counter weight loss supplement.
  • Represented a cryptography patent owner in a complex patent infringement litigation against a Fortune 500 company in the Eastern District of Virginia. After a contentious two-week trial, the jury found all four asserted patents valid and infringed, and awarded a seven-figure damages verdict against the infringing defendant.
  • In representation of shopping center developer, formulated cutting-edge antitrust claim against competing developer and supermarket chain for unlawful agreement to restrain trade in local supermarket sector; complaint withstood aggressive motions to dismiss, with court ruling that it pled a plausible prima facie case under the Sherman Act and various related state-law causes of action, and that client is entitled to full discovery on its claims.
  • Defended a multinational HVAC manufacturer through trial in a patent infringement matter, involving cooling towers, against an industry competitor in Baltimore, MD. After a 2-week trial, the jury returned a complete defense verdict for the client, finding that certain claims of the asserted patent were invalid and that the remaining claims were not infringed. Further represented the client at the Federal Circuit, where the judgment was affirmed.
  • Defended multinational client in simultaneous patent infringement litigations in the Eastern District of Texas and District of Delaware involving LCD screens, GPS technologies, and fitness tracking software capabilities. Through a combination of leveraged discovery tactics and the filing (and institution) of targeted post-grant review proceedings in the USPTO, each litigation was settled on extremely favorable terms for the client.
  • Represented an industrial chemical manufacturing company as Licensor in a patent licensing dispute involving technology relating to chemical vapor deposition. With the leverage of a multi-faceted litigation against the breaching Licensee—comprising claims for breach of contract and patent infringement—the dispute was settled favorably for the client.

Education
BS, Drexel University, Biomedical Engineering, cum laude, 2010

Areas of Practice

  • Antitrust and Consumer Protection
  • Competition and Consumer Protection
  • Intellectual Property
  • Intellectual Property and Technology Transactions
  • Litigation
  • Patent Litigation
  • Post-Grant Proceedings Practice

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