Brian Nisbet
Partner
Recognized as a “Rising Star,” Brian has tried cases involving patent infringement, trade secret misappropriation, business torts, unfair competition, and breach of contract, in state and federal courts across the country. In addition to his trial practice, Brian has worked pro bono on behalf of the wrongfully convicted and other criminal defendants.
Key Matters
Trial Experience
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- Successfully defended client in jury trial seeking US$48M in damages for alleged tortious interference of contract and unfair competition.
- Successfully defended client in jury trial seeking $30M in damages for alleged patent infringement concerning spine medical devices.
- Successfully defended client in jury trial seeking $50M in damages for alleged patent infringement concerning fracking technology.
- Successfully represented software company in jury trial in trade secret misappropriation case that resulted in favorable verdict of $104M in damages (damages reduced on post-trial motion, under appeal).
- Successfully defended client in jury trial seeking US$41M in damages for alleged patent infringement concerning generic versions of the drug Suboxone® and Subutex®.
- Successfully represented drug company in jury trial in breach of contract case that resulted in a favorable, record-breaking verdict of US$94M in damages.
- Successfully represented artificial turf company in jury trial in patent infringement case against main competitor that resulted in a favorable, record-breaking verdict of US$30M in damages.
- Successfully represented drug company in significant bench trial victory for alleged patent infringement related to generic version of the drug product NuvaRing®.
- Successfully represented drug company in significant bench trial victory for alleged patent infringement related to a generic version of the drug Testim®.
- Successfully represented drug company in significant bench trial victory for alleged patent infringement related to a generic version of the drug Travatan Z®.
In addition, Brian’s notable Hatch-Waxman patent litigation cases have involved the drugs Jublia®, Brillinta®, NuvaRing®, Dificid®, Pataday®, Testim®, and Travatan Z®.
Commercial, Mechanical, and High-Tech Patent Experience
- Represented a leading cable and telecommunications company in a patent infringement case concerning home security and monitoring products.
- Represented a leading cable and telecommunications company in a patent infringement case concerning Voice Over Internet Protocol (VoIP) technology.
- Represented a leading railcar manufacturer in a patent case concerning the design of gondola railcars.
- Represented a leading turf manufacturer in a patent case concerning the design and installation of artificial turf.
- Represented a leading medical device company in a patent case concerning spinal implant and related medical devices.
- Represented a leading fracking company in patent case concerning fracking technology.
Complex Commercial Litigation Experience
- Defended a leading news organization in highly publicized defamation case.
- Defended a leading private packaged foods company in a class action alleging violations of the securities laws.
- Representing a leading automotive technology company in case alleging trade secret theft and patent infringement.
- Defended drug company in case alleging negligence involving the death of a patient in a clinical trial.
- Defended front loading washing machine manufacturer in class action alleging design defect and consumer fraud.
- Defended protein shake and nutrition bars manufacturer in state and federal class actions alleging consumer fraud.