Brian Murphy is a partner at Haug Partners in New York City.
Mr. Murphy provides strategic advice and representation to clients and their counsel involved in PTAB post grant trial proceedings, district court litigation, and Federal Circuit appeals. Mr. Murphy also conducts mock PTAB and Federal Circuit oral arguments and acts as an expert witness. He has represented clients in the pharmaceutical, biotechnology, medical device, consumer products, telecommunications, semiconductor, electronics, and automotive industries.
In the area of alternative dispute resolution, Mr. Murphy served as co-lead trial counsel for claimant in a seven-month arbitration and evidentiary hearing in 2021. The claim arose from a pharmaceutical asset purchase and commercialization agreement, and the arbitration resulted in a $45 million Final Award for claimant. In 2022, Mr. Murphy became an AAA Commercial Arbitrator (Life Sciences and IP).
From 2013 through 2017, Mr. Murphy served as an Administrative Patent Judge at the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent & Trademark Office in Alexandria, Virginia. Mr. Murphy presided over nearly 200 post grant review trial proceedings (Inter Partes Review; Post Grant Review; Covered Business Method Review), including interlocutory discovery, motion proceedings, oral argument, and drafting numerous substantive decisions. For three years he served as a Lead Judge on the PTAB leadership team, training and mentoring Administrative Patent Judges.
Mr. Murphy has more than 35 years of experience advising and representing clients in patent litigation and intellectual property licensing and related agreement negotiations. Mr. Murphy has been lead trial counsel in patent, unfair competition, and Section 337 litigations in federal district court, the PTAB, the International Trade Commission, and private arbitration. He has represented patent owners and accused patent infringers in hundreds of patent infringement cases. His experience includes Hatch-Waxman ANDA patent litigation regarding chemical compounds (APIs), compositions, formulations, excipients, medicinal and organic chemistry, treatment methods, and polymorphs. His biotechnology patent experience includes therapeutic antibodies, PEGylated proteins, protein chemistry, immunoassay diagnostics, and cell media.