Brian Gaff focuses his practice on complex patent litigation. He has litigated cases in numerous jurisdictions, including 13 states, as well as before the US Court of Appeals for the Federal Circuit.
Brian handles all aspects on intellectual property (IP) litigation, particularly patent litigation, at the appellate and district court levels. In addition, he mediates and arbitrates IP disputes. At the trial level, he has handled Markman hearings, evidentiary and dispositive hearings, motion practice and discovery. He also has litigated copyright, trademark, trade secret and license disputes, including matters involving allegedly infringing website content and source code.
As a registered patent attorney and drawing on his extensive background as a practicing electrical engineer, Brian oversees the preparation and prosecution of US and non-US patent applications and assists clients with patent portfolio development and licensing. He also has significant experience with patent reexaminations before the US Patent and Trademark Office, and is licensed as a professional engineer in four states.
Brian is a certified electronic discovery specialist and has advised clients regarding preventive measures to limit exposure to electronic discovery. He has overseen the preparation of opinions on patentability and, in connection with patent litigation, on the scope and validity of issued patents, including the feasibility of design-around alternatives.
Brian has advised clients with respect to patent and other intellectual property rights in connection with financings, mergers, acquisitions and other transactions, and has helped clients obtain numerous patents and trademark registrations in the United States and internationally.