Brian T. Moriarty

Brian Moriarty’s practice focuses on IP litigation, opinions, licensing, patent prosecution, and related counseling. He is one of only a handful of registered patent attorneys in the U.S. who also has served as an Assistant U.S. Attorney.

A seasoned trial attorney, Brian has extensive experience as lead trial counsel in many and varied patent and intellectual property cases. He recently served as lead counsel for the pharmaceutical patent trials concerning the billion-dollar drugs Prilosec® and Zofran® and was involved in the successful effort to invalidate patents covering Prozac®. Brian has also served as lead trial counsel in a case concerning the use of a laser for medical treatment and a case concerning licensing of a photo-optics patent.

He has substantial experience in matters involving lasers, RFID technology, pharmaceutical compounds and formulations, immunology, medical devices, business methodologies, mechanical systems, and computer software.

Previously, Brian served as an Assistant U.S. Attorney, Eastern District of New York, United States Department of Justice (1990-95), where he received numerous awards and commendations from the FBI, DEA, NYPD, and Department of Justice for his investigative and trial work.

Publications

• New Challenges and New Opportunities in Enforcing Method of Treatment Claims, July 2011
• How the New Multi-Party Patent Infringement Rulings Will Affect Pharmaceutical Treatment Claims , July 25, 2011
• Enforcing Your Patent 2010, GC New England Roundtable Series 2010, July 2010
• The "Boomerang" Summary Judgment Rule: If You File a Weak Motion For Summary Judgment, Your Motion Will Be Denied and Summary Judgment May Even Be Entered Against You, March 2010
• New Patent Suit Explosion: False Patent Marking Claims, March 2010
• New Patent Suit Explosion: False Patent Marking Claims, March 2010
• Patent Suits − Massachusetts In, Texas Out, January 2009
• 'Common Interest Agreements' in Patent Cases: Clear or Cloudy?, New England In-House, January 2008
• Federal Circuit Changes Law on Willfulness, August 2007
• New "Hair Trigger" Can Turn Licensing Negotiations into Litigation, Sandisk v. ST Microelectronics, May 2007
• Patent Office 'Overrules' Federal Circuit, Changes Standards for Patent Term Extension, New England In-House, January 2007
• The Undoing of a Corporate IP Thief, New England In-House, January 2007
• Cross-Examination is Good Theater... But Direct Exams Win Trials, Lawyers Weekly, March 2006

Professional Associations

• New York
• U.S. Patent and Trademark Office
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the Second Circuit
• Various federal trial and appellate courts around the country

Bar Admissions

• Massachusetts
• U.S. Patent and Trademark Office
• U.S. Court of Appeals for the Federal Circuit
• New Jersey
• New York
• Various federal trial and appellate courts around the country
• U.S. Court of Appeals for the Second Circuit