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About Brian Murphy
Brian Murphy is a partner at Haug Partners in New York City.
From September 2013 through September 2017, Mr. Murphy served as an Administrative Patent Judge at the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent & Trademark Office in Alexandria, Virginia. During that time he presided over nearly 200 post grant review trial proceedings (Inter Partes Review, Post Grant Review, and Covered Business Method Review). As a PTAB trial judge he presided over interlocutory discovery and motion proceedings, heard oral argument, and drafted numerous substantive decisions. For three years he also served as a Lead Judge on the PTAB leadership team, which included management, supervision, and mentoring of Administrative Patent Judges trained in the biotechnology, pharmaceutical, and chemical arts. He was a regular speaker at industry conferences on behalf of the PTAB. Prior to joining the PTAB, Mr. Murphy was a patent attorney in New York City with nearly 30 years of experience trying and litigating major patent cases in federal district courts and the International Trade Commission.
Mr. Murphy’s practice includes acting as counsel or as a consultant with clients and counsel involved in PTAB post grant trial proceedings, district court litigation and trials (jury and non-jury), and appeals for clients in the pharmaceutical, biotechnology, medical device, consumer products, telecommunications, and electronics industries. He has particular expertise in Hatch-Waxman patent litigation for branded pharmaceutical companies. His practice also includes providing intellectual property counsel and strategic advice in connection with transactional due diligence, mediation services, and opinions.
About Haug Partners
Haug Partners is a full-service, national law firm that provides integrated multidisciplinary legal services for life science and technology companies. Our service offerings include: (i) Antitrust Litigation and Counseling; (ii) Commercial Litigation and Strategic Counseling; (iii) Due Diligence; (iv) FDA Compliance and Counseling; (v) Intellectual Property Enforcement; (vi) Intellectual Property Procurement and Strategy; (vii) International Trade Commission; (viii) Investigations, Compliance, and Risk Mitigation Services; (ix) Licensing and Transactions; and (x) Trademarks and Unfair Competition. With offices in New York, Washington, D.C., and Boston, and through relationships with firms in Germany, China, Japan, and other key international markets, Haug Partners has the resources, technical expertise, legal acumen, and business judgment to consistently deliver optimal outcomes for clients.
Recent and emerging developments continue to reshape the Patent Trial and Appeal Board’s (PTAB’s) America Invents Act (AIA) trial landscape. The Board’s increasing reliance on 35 U.S.C. § 314 discretionary denial is under attack in Google v. Uniloc and by some requests for a congressional investigation. One of the most notable cases is Facebook v. Windy City, which settles the issue of same-party or new issue joinder for inter partes reviews (IPRs). Furthermore, other court cases that practitioners should know of include Sipco v. Emerson Electric, Apple Inc. v. Content Guard Holdings, Inc., and Thryv v. Click-to-call.
Practitioners and clients should stay informed on the latest trends in AIA trial proceedings in order to come up with the most up-to-date and effective trial strategies while mitigating potential risks and pitfalls.
Join seasoned intellectual property lawyers, Brian Murphy (Haug Partners) and William W. Mauke (Lewis Brisbois Bisgaard & Smith LLP), as they bring the audience to a road beyond PTAB AIA trial updates as they delve into an in-depth analysis of some notable patent cases and decisions. Speakers will also provide expert insight on how to bring out the best in these proceedings in a rapidly evolving legal climate.
Key topics include:
• PTAB AIA Trial Proceedings: Significant Trends and Developments
• PTAB’s Increasing Reliance on 35 U.S.C. § 314(a) Discretionary Denial
• High Tech Attack on PTAB Discretionary Denial
• Notable Cases and Court Rulings
• Practical Tips and Strategies
• What Lies Ahead
About The Knowledge Group
Founded in November 2006, The Knowledge Group has been at the forefront of providing quality continuing education programs for lawyers, accountants, financial executives, risk and compliance specialists, human resources professionals, technology officers, and business consultants in a wide range of industries.
The Knowledge Group strives to be the best-in-class provider of continuing education by bringing forth relevant content you can’t get anywhere else.