Brian Saunders is a trial lawyer with a practice focusing on all aspects of intellectual property law, with a concentration on patent litigation, contested proceedings at the US Patent and Trademark Office (USPTO), and client counseling.
Brian counsels clients on a wide range of IP issues in various industries, including life sciences, pharmaceuticals, medical devices, telecommunications, virtual reality, computer software and fitness devices.
He has been opinion and due diligence counsel for companies of all sizes, as well as for individuals, and he is frequently called upon for his keen understanding of technology 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 federal district courts, the USPTO and the US Court of Appeals for the Federal Circuit.
Brian has won significant victories for his clients at all levels of litigation, including at summary judgment, trial and appeal. Although his practice today focuses on intellectual property, Brian has broad litigation experience.
He has litigated actions concerning violations of federal and state antitrust law, unfair competition, Endangered Species Act claims and contract disputes.
Brian is admitted to practice in the US Court of Appeals for the Federal Circuit, US Court of Federal Claims, and the US District Courts for the Eastern District of Pennsylvania, the District of New Jersey, and the District of Colorado. He is also registered to practice before the US Patent and Trademark Office.
- Defending a biotechnology company in two complex serial patent litigations against an industry competitor concerning genetics and related technologies; obtaining key dismissal of patents under § 101; and preparing for a jury trial on few remaining triable issues.
- 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.
- 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 multiple patent infringement litigations in the Eastern District of Texas 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 case 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.
- JD, Rutgers University School of Law, 2013
- MS, Biomedical Engineering, Drexel University, 2010
- BS, Biomedical Engineering, Drexel University, cum laude, 2010
- District of Columbia
- New Jersey
- US Patent and Trademark Office
- US Court of Appeals, Federal Circuit
- US Court of Federal Claims
- US District Court, Eastern District of Pennsylvania
- US District Court, District of New Jersey
- US District Court, District of Colorado
Rate : $$$