Edwards Wildman Palmer LLP

Brian P. Murphy Edwards Wildman Palmer LLP Partner New York Tel 212.912.2925 Fax 866.885.1970 Download VCard

Brian P. Murphy is a partner in the Firm’s Intellectual Property Department and Chair of the Firm’s Post-Grant Trial Practice group.

Patent Trial Lawyer. Brian is an accomplished patent trial lawyer with more than twenty-five years of experience trying and litigating major patent cases in the federal courts and International Trade Commission. He has significant first-chair trial experience (jury and non-jury) and appellate experience for major corporate clients in the pharmaceutical, biotechnology, consumer products, telecommunications, and electronics industries. Brian has particular expertise involving Hatch-Waxman patent litigation for innovator pharmaceutical companies, and he has been selected for inclusion in the New York Super Lawyers – Intellectual Property Litigation (2006-2008).

Lead Trial Counsel. Brian has served as lead trial counsel for clients such as GlaxoSmithKline, Daiichi Sankyo, Du Pont Air Products Nanomaterials, SPI Pharma, and Hy-Ko Products Company, among others, in patent litigations involving ranitidine hydrochloride, ofloxacin, ibritumomab, CHO cell-expressed mabs, CMP nanoparticles, mannitol, bupropion, and electro-mechanical key cutting technology. He also has substantial experience resolving patent and intellectual property disputes through negotiation and mediation.

Intellectual Property Counsel. Brian acts as intellectual property counsel for clients requiring strategic advice and opinions in connection with patent litigation and prosecution matters, FDA regulatory strategies, and acquisition due diligence. He engages in patent and trademark portfolio management, including client counseling and training seminars and supervision of prosecuting staff attorneys. Brian is a frequent speaker at industry and academic conferences on patent litigation, the America Invents Act, and patent practice and procedure.

Adjunct Professor of Patent Law. Brian is an Adjunct Professor of Patent Law at Fordham University School of Law, where he created and implemented a first-of-its-kind Patent Practice Skills Class as part of Fordham Law’s well-respected Intellectual Property curriculum. Brian teaches law students how to analyze proposed inventions, draft patent applications, claims, and information disclosure statements, respond to USPTO office actions, draft freedom to operate opinions and patent licenses, and prepare requests for ex parte reexamination. He enjoys helping students understand and apply important patent law principles and cases in a practice-oriented context.

Pharmaceuticals, Biotech, and Specialty Chemicals

• Roquette Freres v. SPI Pharma, Inc., CA No. 06-540 (GMS)(D. Del.)
• Glaxo Group Ltd. v. Amneal Pharmaceuticals, CA 2:08-CV-493-WJM-MF (D.N.J.)
• Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc., Civil Action No. 04-cv-171 (KAJ)(D. Del.)
• DuPont Air Products Nanomaterials v. Cabot Microelectronics Corp., CV06-2952-PHX (ROS)(D. Az.)
• Daiichi Pharmaceutical Co. v. Apotex, Inc., 441 F. Supp. 2d 672, rev 'd, 501 F.3d 1254 (Fed. Cir. 2007)
• Daiichi Pharmaceutical Co. v. Apotex, Inc., 380 F. Supp. 2d 478 (D.N.J. 2005)
• Daiichi Pharmaceutical Co. v. Bausch & Lomb Inc., Civil Action No. 02-6112 (SDW)(D.N.J.)
• SmithKline Beecham Corp. v. Excel Pharmaceuticals, Inc., 356 F.3d 1357 (Fed. Cir. 2004)
• TAP Pharm. v. Atrix Labs, Inc. and Sanofi-Synthelabo, 2004 U.S. Dist. LEXIS 17118 (N.D. Ill. 2004)
• Glaxo Wellcome Inc. v. Genentech, Inc., 136 F. Supp. 2d 316 (D. Del. 2001)
• Glaxo Wellcome Inc. v. Genentech, Inc., 107 F. Supp. 2d 477 (D. Del. 2000)
• IDEC Pharmaceuticals, Inc. v. SmithKline Beecham Corp., Civil Action No. 01 CV 1638 JM (JAH) (S.D. Cal.)
• Glaxo Wellcome Inc. v. Pharmadyne Corporation, 32 F. Supp. 2d 265 (D. Md. 1998)
• Glaxo Wellcome Inc. v. Ben Venue Laboratories, Inc., 1998 U.S. Dist. LEXIS 19774 (N.D. Ohio 1998)
• Glaxo Inc. v. Geneva Pharmaceuticals Inc., 1995 U.S. Dist. LEXIS 21897 (D.N.J. 1995)

Consumer Products

• Conopco, Inc. [Unilever] v. Princeton Biomeditech, Inc., Civil Action No. 97-6254 (KAH) (D.N.J.) (reported as Inverness Medical Switz. v. Princeton Biomeditech Corp., 309 F.3d 1365 (Fed. Cir. 2002))
• Conopco, Inc. [Unilever] v. Warner-Lambert Co., Civil Action No. 97-CV-101 (KSH)(D.N.J.) (reported as Inverness Medical Switz. v. Warner Lambert, 309 F.3d 1373 (Fed. Cir. 2002))
• Procter & Gamble Co. v. Lever Brothers Co., Civil Action No. C-1-98-390 (HJW)(W.D. Ohio)

Biomedical Devices

• Novamedix Ltd. v. Kinetic Concepts Inc., Civil Action No. SA-92-CA-0177 (FB)(W.D. Tex.)
• N.A.D., Inc. v. Johnson & Johnson, Civil Action No. 91-2241 (NLS) (E.D. Pa.)

Cable Television and Semiconductors

• In the Matter of Certain Semiconductor Memory Devices and Products Containing Same, Investigation No. 337-TA-470 (ITC 2003)
• General Instrument Corp. v. Scientific-Atlanta, Inc., Civil Action No. 89-4624 (HAA) (D.N.J.)
• In the Matter of Certain Erasable Programmable Read Only Memories, Investigation No. 337-TA-276, USITC Pub. No. 2196 (March 16, 1989), aff’d in part, reversed in part and vacated in part, Intel Corp. v. U.S. ITC, 946 F.2d 821 (Fed. Cir. 1991)

Electro-Mechanical Devices

• SimKar Lighting Fixture Co. v. The Genlyte Group Inc., 906 F. Supp 967 (D.N.J. 1995)
• Automated Packaging, Inc. v. Advanced Poly Packaging, Inc., Case No. 5:96 CV 1395 (N.D. Ohio)

• "A New Weapon In Generic Drug Companies' Arsenal," co-author, Law360, April 19, 2013.
  
  
• "New First-Inventor-To-File Patent System Takes Effect in the United States on March 16, 2013," co-author, Edwards Wildman Client Advisory, February 2013.
  
  
• "Patent Reform: New Tools for Challenging Patent Validity as of September 2012," co-author and speaker, Computer Magazine, September 2012.
  
  
• “A View From the Bench,” moderator, American Conference Institute’s 6th Annual Paragraph IV Disputes Conference, New York, New York, April 24-25, 2012.
  
  
• “Defending Against Patent Infringement," co-author, Computer Magazine, April 2012.
  
  
• “Defending Against Patent Infringement," speaker, Computer Magazine Podcast, March 2012.
  
  
• “Damages and Injunctions: Exploring the Consequences and Conundrums of Launching at Risk,” speaker, American Conference Institute’s 2nd Annual Forum on Paragraph IV Disputes, December 7, 2011.
  
  
• “FDA Issues Guidance for Final Rule on the Submission of Summary Bioequivalence Data for ANDAs,” co-author, Edwards Angell Palmer & Dodge Client Advisory, May 2011.
  
  
• "FDA Hears Testimony on Approval Pathway for Biosimilar and Interchangeable Follow-On Biologics," co-author, Edwards Angell Palmer & Dodge Client Advisory, November 2010.
  
  
• "Bilski's "Machine-or-Transformation" Test: Uncertain Prognosis for Diagnostic Methods and Personalized Medicine Patents," co-author, Fordham Intellectual Property, Media & Entertainment Law Journal (IPLJ), Vol. 20, Page 755, 2010.
  
  
• "Paragraph IV Disputes," conference co-chair, American Conference Institute, 2010.
  
  
• "Bilski's "Machine-or-Transformation" Test," presenter, Fordham University School of Law, 2009.
  
  
• "Overcoming Obviousness," moderator, American Conference Institute, 2009.
  
  
• "Judges' Roundtable on Paragraph IV Litigation" moderator, American Conference Institute, 2009.
  
  
• "Paragraph IV Disputes," conference co-chair, American Conference Institute, 2009.
  
  
• "Overview of U.S. Patent Law Developments," presenter, Fordham Intellectual Property Law Institute, 2009.
  
  
• "Paragraph IV Disputes," conference co-chair, American Conference Institute, 2008.
  
  
• "KSR and Its Effect on U.S. Patent Litigation," presenter, Fordham University School of Law, 2008.
  
  
• "KSR and The New Standard For Obviousness," presenter, American Conference Institute, 2007.
  
  
• "Paragraph IV Disputes," conference co-chair, American Conference Institute, 2007.
  
  
• "Patent Litigation: A View From The Trenches," presenter, Fordham University School of Law, 2007.
  
  
• "IP Issues in Pharmaceutical Acquisitions, Licensing, and Collaborations," presenter, private client event, 2007.
  
  
• "Anatomy of an ANDA Patent Litigation Under the Hatch-Waxman Act," presenter, private client event, 2007.
  
  
• "Hatch-Waxman Legislative and Regulatory Update," presenter, American Conference Institute, 2006.
  
  
• "Settlement Considerations in Hatch-Waxman Pharmaceutical Patent Litigation," presenter, American Conference Institute, 2005.
  
  
• "Avoiding Pitfalls in Settling Pharmaceutical Patent Disputes," presenter, Intellectual Property Owners Association, 2005.
  
  
• "Claim Construction and the Federal Circuit: An Analysis of the En Banc Questions Posed in Phillips v. AWH Corp." presenter, Fordham University School of Law, 2005.
  
  
• "Proposed legislation for follow-on biologic pharmaceuticals in the U.S.," author, IP Value 2005: An International Guide for the Boardroom, 2004.
  
  
• "The Hatch-Waxman Amendments in Title XI of the Medicare Modernization Act of 2003," presenter, American Conference Institute, 2004.
  
  
• "The Hatch-Waxman Amendments in Title XI of the Medicare Modernization Act of 2003," presenter, Intellectual Property Owners Association, 2004.
  
  
• "Examination of the Federal Trade Commission's Recommendations to Better Harmonize Patent and Antitrust Laws and Policies," presenter, Fordham University School of Law, 2004.
  
  
• "Commentary on Hatch-Waxman and Medicare Reform Legislation," presenter, American Conference Institute, 2004.
  
  
• "Hatch-Waxman Reform: FDA's Proposed Rules and Legislative Update," presenter, Fordham University School of Law, 2003.
  
  
• "Hatch-Waxman Reform: FDA's Proposed Rules and Legislative Update," presenter, American Conference Institute, 2003.
  
  
• "Greater Access to Affordable Pharmaceuticals Act of 2001," presenter, American Conference Institute, 2002.
  
  
• "The Scope of Patent Protection: Festo, Johnson & Johnston and Their Effect," presenter, Fordham University School of Law, 2002.

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Brian started his legal career as an Associate in the patent and commercial litigation practice at Butler, Fitzgerald & Potter, in New York. Two years later, he joined the IP boutique Hopgood, Calimafde, Kalil & Judlowe where he rose from Associate to Managing Partner. In 2002, Hopgood Calimafde joined Morgan Lewis where Brian served as a Deputy Practice Group Leader for patent litigation.

Brian is active in his local community, serving as Chairman of the Village of Hastings-on-Hudson Zoning Board of Appeals and participating in fund raising efforts for the renovation of the village library and for the Hastings Historical Society. He is an enthusiastic fan of the New York Giants and the New York Yankees.