Brian Nolan

Brian W. Nolan is a member of the Intellectual Property group at Mayer Brown. Brian focuses his practice on intellectual property litigation, counseling, and due diligence in the areas of patent, trade secret, unfair competition, antitrust, trademark, counterfeit goods and copyright law.

LMG Life Sciences recognized Brian as a “Life Sciences Star” and according to IAM 1000 “[Brian] Nolan is a key asset to the firm, given his wealth of pharmaceutical and biotechnology litigation expertise and ability to cross over seamlessly into other fields such as semiconductors and information technology.”

Brian has acted as lead trial counsel and appellate counsel on numerous matters covering all aspects of intellectual property protection. Brian has participated in several district court trials, ITC investigations, USPTO Inter Partes Review and appellate proceedings relating to a wide range of technologies, including monoclonal antibodies, pharmaceuticals, receptor pharmacology, medical devices, biotechnology, medical imaging technology, crystal growth, semiconductors, laser diodes, building products, data capture systems and computer storage systems.

Brian has experience counseling clients concerning their biological products, including working to develop strategies to allow for introduction of new biologics to the marketplace and seeking to protect existing biologics from potential biosimilars competition.

Additionally, Brian has experience litigating cases brought under the Hatch-Waxman statute and counseling innovator pharmaceutical companies regarding their patent portfolios and potential generic competition prior to patent expiry.

Brian regularly counsels investment companies concerning acquisitions in which the buyer’s valuation is driven by IP assets. He works with public and private companies to develop patent strategies to enhance overall value. Brian often advises on M&A, capital markets and other corporate transactions, including joint ventures, private equity, venture capital and hedge fund transactions.

Brian has acted as an adjunct professor of law at Fordham University School of Law, where he taught a course on patent litigation for many years. Brian speaks and writes on intellectual property issues at many events and in various publications. News organizations often seek Brian’s views on current intellectual property issues.

Education :

• Lehigh University, B.S.C.E.
• Fordham University School of Law, JD

Admissions :

• New York
• US Patent and Trademark Office
• US Court of Appeals for the Federal Circuit
• US District Court for the Southern District of New York
• US District Court for the Eastern District of New York

Experience :

• Represented innovator pharmaceutical company in a $345 million Nasdaq offering.
• Lead counsel in Inter Partes Review proceedings brought by competitors against patents covering innovative hemostasis point of care devices. (Instrumentation Laboratory Co. v. HemoSonics LLC, USPTO)
• Trial counsel in a Hatch-Waxman patent infringement action relating to the HIV protease inhibitor Lexiva®. (ViiV Healthcare and Vertex Pharmaceuticals v. Mylan, D.Del.)
• Trial counsel in various biotech patent disputes concerning the Cabilly patent family and the monoclonal antibodies Arzerra® and Benlysta®. (Glaxo Group Ltd., GlaxoSmithKline and Lonza Biologics v. Genentech and City of Hope, C.D. Cal.; Genentech Inc. v. Glaxo Group Ltd., GlaxoSmithKline and Human Genome Sciences, C.D. Cal.)
• Lead trial counsel in patent infringement dispute concerning drilling tools for oil wells. (Schoeller-Bleckmann Oilfield Equipment AG v. Churchill Drilling Tools, Ltd., S.D. Tx.)
• Represented innovator pharmaceutical company by conducting IP and FDA due diligence in acquisition valued at over $500 million of a drug candidate for treatment of diabetes.
• Represented medical device company in acquisition of point-of-care hemostasis device company.
• Represented foreign technology company in acquisition of patent portfolio related to semiconductor manufacturing deposition technology.
• Represented investment company in Series E investment in company investigating deuterated versions of existing medicinal compounds to improve pharmacokinetic profiles.
• Represented investment company in Series B investment in company developing CAR-T technology.