Brian W. Nolan is a partner in the law firm of McDermott Will & Emery LLP based in the New York office. As a member of the Intellectual Property, Media & Technology Department, Brian focuses his practice on intellectual property litigation and counseling in the areas of patent, trade secret, unfair competition, antitrust, trademark, counterfeit goods and copyright law.
Brian has been involved as lead counsel and counsel on numerous matters covering all aspects of intellectual property protection. Brian has participated in several district court trials, ITC investigations and appellate proceedings relating to a wide range of technologies, including pharmaceuticals, receptor pharmacology, medical devices, biotechnology, medical imaging technology, crystal growth, semiconductors, laser diodes, building products, data capture systems and computer storage systems. Additionally, Brian has experience in 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 has also counseled clients concerning intellectual property issues in business deals.
In addition to his counseling activities, Brian is an adjunct professor of law at Fordham University School of Law, where he teaches a course on patent litigation. Brian speaks on intellectual property issues at many events, including annual participation in the Fordham University School of Law Annual Conference on Intellectual Property Law and Policy. Brian is a member of the Executive Board of the IP Law Section of the New York State Bar Association (NYSBA), the Pharmaceutical Issues Committee of the Intellectual Property Owners Association (IPO), the Association of New York Intellectual Property Law (NYIPLA) and the American Intellectual Property Law Association (AIPLA). Brian is admitted to practice in both federal and state courts in New York and New Jersey and before the Court of Appeals for the Federal Circuit. He is also registered to practice before the U.S. Patent and Trademark Office.
Representative cases include:
- Glaxo Group Limited et al. v. Kali Laboratories, Inc., Appeal No. 06-1026 (Fed. Cir.)
- Glaxo Group Limited et al. v Apotex, Inc., Appeal No. 03-1575 (Fed. Cir.)
- Pacific International Tool and Shear v. CertainTeed Corp., Appeal No. 04-1121 (Fed. Cir.)
- Glaxo Group Limited et al. v. Ranbaxy Pharmaceuticals Inc., Appeal No. 01-1151 (Fed. Cir.)
- II VI Incorporated v. Saint-Gobain Industrial Ceramics, Inc., Appeal No. 04-2389 (3rd Cir)
- Jivago, Inc. v. Perfume Network, Inc. et al., 06-Civ-14428 (SAS) (S.D.N.Y.)
- Digital Reg of Texas, LLC, v. LFP Internet Group, LLC et al., 07-cv-467-LED (E.D.TX)
- In the matter of Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same
- In the matter of Certain Short Wavelength Semiconductor Lasers and Products Containing the Same, ITC Investigation No. 337-TS-627
- In the matter of Certain Bar Code Scanners and Scan Engines, Components Thereof and Products Containing the Same, ITC Investigation No. 337-TA-551
- Glaxo Group Limited et al., v. Kali Laboratories, Inc., 03-CV-0399 (D. N.J.)
- Glaxo Group Limited et al. v. Teva Pharmaceuticals, 02-CV-219 (D. Del.)
- Glaxo Group Limited et al. v. Apotex, Inc., 00-CV-5791 (N.D. Ill.).
Education
- Fordham University School of Law, J.D., 1999
- Lehigh University, B.S.C.E., 1994
