Brian P. Egan
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Brian represents technology companies in cases involving patent infringement, trade secrets, and other litigation matters.
He has experience with a variety of technologies, including medical devices, pharmaceuticals, semiconductors, pesticides, cosmetics, and consumer products. His IP litigation practice draws on his prior experience as a patent examiner for the US Patent and Trademark Office. He regularly represents clients as lead or Delaware counsel in litigation in the District of Delaware. He has tried a number of cases through trial as both lead and Delaware counsel, and also regularly handles discovery enforcement proceedings related to both subpoenas and Section 1782 petitions (seeking discovery for use in foreign proceedings). Brian has also represented clients as lead counsel before the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings.
Brian serves as the Practice Group Coordinator for Morris Nichols’ Intellectual Property Litigation Group. He has been recognized for legal excellence by Chambers USA, IAM Patent 1000 and selected to Lawdragon 500 Leading Litigators in America. In 2022, he was appointed by Chief Judge Connolly to the Lawyer Advisory Committee for the District of Delaware.
Experience
Representing medical device manufacturer Edwards Lifesciences Corporation in patent matters before the District of Delaware and PTAB concerning transcatheter heart valve technology.
Representing Speyside Medical, LLC in patent matters before the District of Delaware and PTAB concerning transcatheter heart valve technology.
Represented Google in patent-infringement matter involving Google Play Music, which resulted in favorable judgment of no infringement.
Represented C.R. Bard, a unit of Becton Dickinson and Co., at trial of a patent infringement action relating to power injectable ports.
Represented Comcast Corp. in nine-patent infringement action, with successful result.
Represented biotechnology company Thermo Fisher Scientific Inc. in patent infringement actions in the District of Delaware and related IPR proceedings concerning real-time PCR technology.
Represented electronics company Nichia Corporation in the District of Delaware concerning LED technology.
Represented biotechnology company iBio, Inc. in Delaware Court of Chancery proceedings concerning plant-based pharmaceuticals.
Delaware counsel for patent matters involving the following representative clients: Google, Johnson & Johnson, Amgen, Novo Nordisk, Agilent, Oracle, Boehringer, Moderna, Boston Dynamics, Analog Devices, Intel, Comcast, Fortinet, Thales, Huber Engineered Woods, SeaSpine, and Victaulic.
News & Insights
Speaking Engagement, 09.20.2024Brian Egan co-moderates the panel, “The District Court Perspective on Patent Litigation in Delaware.”
Professional & Civic
American Bar Association
Delaware State Bar Association
Federal Bar Association
Federal Circuit Bar Association
PTAB Bar Association
US District Court for the District of Delaware, Lawyer Advisory Committee
Clerkships
- Law Clerk to the Honorable Cynthia M. Rufe, US District Court for the Eastern District of Pennsylvania, 2006-2007
- Judicial Intern to Administrative Patent Judge Bradley Garris, US Patent and Trademark Office, Board of Patent Appeals and Interferences, 2004
Education
American University Washington College of Law, JD, cum laude, 2004
Vanderbilt University, BE, chemical engineering, 2001
Admissions
- Delaware, 2016
- New York, 2005
- US Supreme Court
- US Court of Appeals for the Federal Circuit
- US District Court for the District of Delaware
- US District Court for the Eastern District of New York
- US District Court for the Southern District of New York
- US Patent and Trademark Office