Brian McQuillen
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1015
Fax: +1 212 202 7804
Email: BMcQuillen@duanemorris.com

Brian McQuillen practices in the area of intellectual property law with an emphasis on patent litigation as well as related complex technology litigation. Mr. McQuillen has significant experience in all phases of patent litigation, including dispositive briefing, Markman hearings, pre-trial and trial proceedings, settlement negotiations and all aspects of discovery.

Mr. McQuillen has litigated patents in a variety of technologies, including computers/electronics (e.g., networks, portable electronic devices (cell phones, MP3 players, digital cameras and PDAs) and software), mechanical arts (e.g., alternative fuel systems, medical devices, automobiles and heavy machinery), and synthetic materials (e.g., corks, fiberglass doors and packaging composites).

Mr. McQuillen also advises clients on patent portfolio strategies, including licensing, patent procurement and opinion counseling and due diligence assessments. He also advises clients on trade secret, trademark, and copyright matters, and is experienced in litigating design patent, trademark, copyright, trade secret and unfair competition claims.

Mr. McQuillen is admitted to practice in New York, Washington and Colorado. A member of the New York Intellectual Property Law Association and the Intellectual Property Owners Association, Mr. McQuillen is a 1995 graduate of New York University School of Law and a graduate of Northwestern University (B.S., Mechanical Engineering).

Representative Matters

• Aesculap AG & Co. KG v. Walter Lorenz Surgical, Inc. (N.D. Cal.) - Represented patent holder in patent infringement action involving surgical medical devices.
• Affinity Labs of Texas, LLC. v. Apple Inc. (N.D. Cal.) - Represented patent holder in patent infringement action involving several patents directed to multiple features available in portable digital audio devices. Obtained settlement client found favorable.
• Affinity Labs of Texas, LLC. v. BMW North America, LLC, et al. (E.D. Tex.) - Won jury verdict of infringement for patent holder in patent infringement action directed to audio systems with integrated portable digital audio devices.
• Affinity Labs of Texas, LLC. v. Clear Channel Broadcasting, Inc. (E.D. Tex.) – Represent patent holder in patent infringement action relating to a system for broadcasting radio stations over portable cellular devices.
• Affinity Labs of Texas, LLC. v. Volkswagen Group of America (E.D. Tex.) – Represented patent holder in patent infringement action directed to audio systems with integrated portable digital audio devices.
• Alvimar Manufacturing Co. v. Sterling Promotional Corp., et al. (E.D.N.Y.) - Represented accused infringer in design patent infringement and false advertising action involving inflatable chairs.
• Anchor Gaming, et. al. v. Acres Gaming, Inc. (D.Nev.) - Represented party in patent infringement action concerning inventorship of gaming device.
• Carney v. Mothers Work Inc. (N.D. Cal.) - Represented accused infringer in patent infringement action involving maternity garments.
• Coating Excellence Int'l, LLC. v. Thilmany, LLC (E.D. Wi.) - Obtained favorable result for client after successfully opposing summary judgment motion in patent infringement action involving composite film wrappers.
• Easyweb Technologies, Inc. et al V. Blip Networks, Inc., et al (E.D. NY) - Secured dismissal without payment for image hosting website accused of patent infringement.
• Fort James Corp. et al v. J. H.McNairn, Ltd. (N.D. Ga.) - Represented accused infringer in patent infringement action involving composite food wrap materials.
• IKN Inc. v CemProTec GmbH (E.D. Pa.)- Represented patentee in patent infringement action involving clinker cooling systems used in the manufacture of cement.
• IMPCO Technologies, Inc. v. GFI Control Systems, Inc. and Dynetek Industries, Inc. (E.D. Mich.) - Represented patentee in patent infringement action involving control systems for hydrogen fuel cells.
• Jeneric/Pentron, Inc. v. Ivoclar North America, Inc. (D. Ct.) - Represented defendant in false advertising and unfair competition action concerning dental implants.
• Khyber Technologies Corp. v. Hewlett-Packard Co., et al. (D. Mass.) - Represented accused infringer in patent infringement action involving software and hardware for handheld computers.
• Levine v. Hewlett-Packard Co. (D. Md.) - Represented accused infringer in patent infringement action involving systems for integrating digital cameras with printers.
• Minebea Co. Ltd., et al v. Georg Papst and Papst Licensing GmbH (D. D.C.) - Represented licensee in licensing dispute and patent infringement action involving disk drive motors.
• National Credit Management Corp. v. Novus Systems and Dean Witter, Discover & Co. (D. Md.) -Won summary judgment of non-infringement in which Discover Card was accused of infringing a software patent directed to an automated system for collecting payments.
• Neuromedical Systems, Inc. v. NeoPath, Inc., (S.D.N.Y.) - Represented accused infringer in patent infringement action involving pattern recognition software used in automated cancer screening equipment.
• Represented EQT Partners as part of international team in its acquisition of the US assets, in the amount of $270 million, of UC4 Software Group.
• Supreme Corq v. Nomaco, Inc. and Nomacorc LLC (W.D. Wa.) - Represented accused infringer in patent infringement action involving synthetic corks
• Talgo, Inc. v. Coach and Car Equipment Corp. (W.D.Wa) - Represented supplier of components in Amtrak trains in breach of contract action.
• Therma-Tru Corp. v. Plastpro Inc. and Nan-Ya Plastics Corp (D. N.J.) - Won summary judgment of non-infringement on behalf of manufacturer of fiberglass doors in a patent infringement suit concerning compression molded doors resulting in dismissal of the case (Patent holder was seeking more than $120 million in damages).
• Waterjet Technology, Inc. v. Flow Int'l et al. (W.D. Wa.) - Represented patentee in patent infringement action relating to machines for cutting metal with highly pressurized water.
• Willis Electric Co., Ltd. v. Toyo Electric Manufacturing Co., Ltd. (S.D.N.Y.) - Represented patentee in patent infringement involving electrical lighting fixtures.

Professional Activities

• Member of New York Intellectual Property Law Association
• Member of Intellectual Property Owners Association

Admissions

• Washington
• U.S. Patent and Trademark Office
• New York
• Colorado
• U.S. Court of Appeals for the Federal Circuit
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of Washington
• U.S. District Court for the Western District of Washington

Education

• New York University School of Law, J.D., 1995
• Northwestern University, B.S.M.E., 1991

Experience

• Duane Morris LLP
  - Partner, 2005-present
• Kenyon & Kenyon
  - Senior Associate, 2001-2005
• Perkins Coie LLP
  - Associate, 1998-2001
• Amster, Rothstein & Ebenstein
  - Associate, 1995-1998

Selected Publications

• Co-author, "Damage Assessments for False Patent Marking to Be Applied on a Per-Article Basis," Duane Morris Alert, January 11, 2010.
• "Supreme Court Expands the Patent Exhaustion Doctrine," Duane Morris Alert, June 10, 2008
• Co-author, "New Rules in the N.D. of California Seek to Accomplish More Efficient Patent Trials, with the Help of KSR," Duane Morris Alert, March 10, 2008
• Co-author, "Patent Misuse: The Federal Circuit Throttles Back," Practicing Law Institute Program on "Intellectual Property Antitrust," July 1999