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 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

Khyber Technologies Corp. v. Hewlett-Packard Co., et al. (D. Mass.) - represented defendant in patent infringement action involving software and hardware for handheld computers
Therma-Tru Corp. v. Plastpro Inc. and Nan-Ya Plastics Corp (D. N.J.) - represented American distributor and Taiwanese manufacturer of fiberglass doors in a patent infringement suit concerning compression molded doors, including obtaining summary judgment of noninfringement on two separate motions
Levine v. Hewlett-Packard Co. (D. Md.) - represented defendant in patent infringement action involving the combination of digital cameras with printers
Plastpro 2000 v. Therma-Tru Corp. (D. N.J.) - represented plaintiff in defamation action
Aesculap AG & Co. KG v. Walter Lorenz Surgical, Inc. (N.D. Cal.) - represented plaintiff in patent infringement action involving clamping device used in surgeries
Supreme Corq v. Nomaco, Inc. and Nomacorc LLC (W.D. Wa.) - represented defendant in patent infringement action involving synthetic corks
IMPCO Technologies, Inc. v. GFI Control Systems, Inc. and Dynetek Industries, Inc. (E.D. Mich.) - represented plaintiff in patent infringement action involving control systems for hydrogen fuel cells
Anchor Gaming, et. al. v. Acres Gaming, Inc. (D.Nev.) - represented defendant in patent infringement action involving software and hardware for casino gaming networks
Neuromedical Systems, Inc. v. NeoPath, Inc., (S.D.N.Y.) - represented defendant in patent infringement action involving pattern recognition software
Talgo, Inc. v. Coach and Car Equipment Corp. (W.D.Wa) - represented defendant in breach of contract action involving train seats
NewMac, Inc. v. Swiss Army Brands, Inc. (E.D. Wa.) - represented plaintiff in patent infringement action concerning multifunctional credit card size tool
Waterjet Technology, Inc. v. Flow Int'l et al. (W.D. Wa.) - represented plaintiff in patent infringement action involving machines using highly pressurized water for cutting metal
National Credit Management Corp. v. Novus Systems and Dean Witter, Discover & Co. (D. Md.) - represented defendant in patent infringement action involving computer software for an automated system for collecting payments
Minebea Co. Ltd., et al v. Georg Papst and Papst Licensing GmbH (D. D.C.) - represented plaintiff in licensing dispute and patent infringement action involving disk drive motors
Alvimar Manufacturing Co. v. Sterling Promotional Corp., et al. (E.D.N.Y.) - represented defendant in design patent infringement and false advertising action involving inflatable chairs
Jeneric/Pentron, Inc. v. Ivoclar North America, Inc. (D. Ct.) - represented defendant in false advertising and unfair competition action concerning dental implants

Professional Activities

New York Intellectual Property Law Association
American Bar Association
- Litigation Section

Admissions

Washington
U.S. Patent and Trademark Office
New York
Colorado
U.S. Patent and Trademark Office
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