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Brian Murphy Appointed Administrative Patent Judge on the US Patent Trial and Appeal Board


Monday, September 23, 2013

Brian Murphy, an Intellectual Property partner in the New York office of Edwards Wildman, has been appointed to the position of Administrative Patent Judge on the US Patent Trial and Appeal Board (PTAB). Murphy takes his position on the bench on September 23.

A creation of the landmark America Invents Act, which was passed in 2011, the PTAB is the successor body to the Board of Patent Appeals and Interferences. Judges on the board will hear patent-validity challenges, as well as traditional ex parte appeals and other new proceedings. Murphy was one of 90 new administrative patent judges selected from more than 1,700 applicants. Murphy and his new colleagues will have a unique opportunity to shape future proceedings in the US Patent and Trademark Office, which is based in Alexandria, Virginia.

Murphy has more than 25 years of experience trying and litigating major patent cases in the federal courts and International Trade Commission. He has significant first-chair trial experience (jury and non-jury) and appellate experience for major corporate clients in the pharmaceutical, biotechnology, consumer products, telecommunications, and electronics industries. Murphy has particular expertise involving Hatch-Waxman patent litigation for innovator pharmaceutical companies. He has served as lead trial counsel for clients such as GlaxoSmithKline, Daiichi Sankyo, Du Pont Air Products Nanomaterials, SPI Pharma, and Hy-Ko Products Company, among others. Finally, he is an adjunct professor of patent law at Fordham University School of Law, where he created and implemented a first-of-its-kind Patent Practice Skills Class as part of Fordham Law's well-respected Intellectual Property curriculum. He enjoys helping students understand and apply important patent law principles and cases in a practice-oriented context.



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