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. Mr. McQuillen has significant experience in all phases of pretrial patent litigation, including dispositive briefing, Markman hearings, settlement negotiations and all aspects of discovery. He has litigated patents in a variety of fields, including computers/electronics (PDAs, networks, digital audio devices, digital cameras, and related software), mechanical arts (alternative fuel systems, medical devices, automobiles and heavy machinery), computers/electronics (PDAs, networks, software and digital cameras) and synthetic materials (corks, fiberglass doors, packaging composites). Mr. McQuillen also advises clients on patent and trademark licensing, patent procurement and opinion counseling, including infringement, validity, clearance and due diligence assessments, and has experience in litigation involving design patents, trademarks and unfair competition law.
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 patentee in patent infringement action involving medical devices.
- Affinity Labs of Texas, LLC. v. BMW North America, LLC, et al. (E.D.T.X.) - Representing patentee in patent infringement action involving audio systems with integrated portable digital audio devices.
- Affinity Labs of Texas, LLC. v. Apple Inc. (E.D.T.X.) - Representing patentee in patent infringement action involving several patents directed to features available in 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.) - Obtained favorable result for client Acres Gaming 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.
- 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 for Discover Card in patent infringement action involving computer software for an automated system for collecting payments.
- Neuromedical Systems, Inc. v. NeoPath, Inc., (S.D.N.Y.) - Represented Neopath in patent infringement action involving pattern recognition software used in automated cancer screening equipment.
- 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 manufacturer of rotatable train seats in breach of contract action
- NewMac, Inc. v. Swiss Army Brands, Inc. (E.D. Wa.) - represented plaintiff in patent infringement action concerning multifunctional credit card size tool.
- 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 (Therma-Tru had sought more than $120 million in damages).
- Waterjet Technology, Inc. v. Flow Int'l et al. (W.D. Wa.) - Represented plaintiff 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
