Brian P. Biddinger

Partner

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  • JD, cum laude, Fordham University Law School, 2002; Order of the Coif; Editor, Fordham Law Review
  • BS (Mechanical Engineering), Lehigh University, 1996

Qualifications

  • New York, 2007
  • California, 2003

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas
  • Legal 500 (2016)
  • Who’s Who Legal (2016)
  • New York Super Lawyers (2013 - 2015)
  • New York Super Lawyers – Rising Stars (2011 - 2012)

Brian P. Biddinger

Partner

Brian is an experienced trial lawyer who specializes in representing industry leading companies in patent litigation matters in district court, the International Trade Commission and the Patent Trial and Appeal Board. He counsels clients in a variety of technical fields, including automotive, wireless communications, consumer products, video games, microprocessors, flash memory and medical devices. Brian has tried cases before juries and in bench proceedings in key patent jurisdictions across the country and has established an impressive track record of obtaining outstanding results for the firm’s clients. Brian also has extensive experience representing clients in inter partes review and ex parte re-examination proceedings. He has argued multiple times before the PTAB and has particular expertise coordinating the successful use of patent office challenges with pending district court litigation.

Experience

  • Allure Energy v. Honeywell Int’l (W.D. Tex.) – Defending Honeywell in a patent infringement litigation involving smart thermostats.
  • Worlds.com, Inc. v. Activision Blizzard, Inc. et al. (D. Mass.) – Defending Activision Blizzard in a patent infringement litigation involving network communications for client-server on-line gaming products.
  • Affinity Labs of Texas v. a major Korean electronics company (N.D. Cal.) – Defending a major Korean electronics company in multiple patent infringement lawsuits involving six patents directed to portable audio devices and wireless communications.
  • Innovative Display Technologies v. a Major Japanese Automaker (E.D. Tex.) – Defended a Major Japanese Automaker in a patent infringement lawsuit involving lighting panels and LCD displays.
  • Intuitive Building Controls v. Harman Int’l (E.D. Tex.) – Defended Harman Int’l in a patent infringement case involving lighting control systems.
  • Norman IP v. a Major Japanese Automaker (E.D. Tex.) – Defended a Major Japanese Automaker in a patent infringement lawsuit involving microprocessor technology.
  • Spansion v. Macronix (ITC) – Represented Spansion in an ITC investigation involving flash memory technologies.
  • Versata v. a Major Japanese Automaker (E.D. Tex) – Defended a Major Japanese Automaker in a patent infringement lawsuit involving Computer Aided Design software and product configuration software.
  • DealerTrack v. RouteOne LLC (C.D. Cal.) – Defended RouteOne in a case involving three patents relating to Internet-based automotive financing. We obtained summary judgment of invalidity and non-infringement of all three asserted patents.
  • A Leading Korean Consumer Electronics Company (IPR2014-00209, -00212, -00407, -00408, -01181, -01182, -01184) – Representing a leading Korean consumer electronics company in multiple IPR petitions that we filed against three litigated patents generally relating to the delivery of Internet media content to a portable device. The Board initiated trials on every challenged claim of all three patents and found all challenged claim unpatentable. 
  • Therasense, Inc. (Abbott Laboratories) v. Becton, Dickinson & Co. and Nova Biomedical Corp. (N.D. Cal.) – Represented defendants in jury trial involving a patent directed to diabetes blood glucose monitors. The jury returned a verdict finding all asserted claims invalid.
  • Transmeta Corp. v. Intel Corp. (D. Del.) – Represented Transmeta in a patent infringement lawsuit involving microprocessor technology. The case settled favorably for $250 million, which was one of the top patent damage settlements in 2007.
  • K.W. Muth Co., Inc. v. Gentex Corp. (E.D. Wisc. Bankr.) – Represented Gentex Corp. in a patent infringement lawsuit involving rearview signal mirrors. Following a two week bench trial, we obtained judgments of non-infringement, invalidity and inequitable conduct.
  • Massachusetts Eye & Ear Infirmary v. QLT, Inc. (D. Mass.) – Represented MEEI in a case involving treatment of advanced macular degeneration in which we obtained a jury verdict of unjust enrichment and unfair business practices, resulting in damages award of a 3.01% royalty on more than $2 billion sales and attorney's fees for MEEI.
  • Praxair, Inc. v. Advanced Technology Materials, Inc. (D. Del.) – Represented Praxair in a case involving pressurized gas cylinders and obtained a jury verdict that the asserted patents were valid and infringed.

Publications

Presentations

  • Speaker, ”How to Prepare for the Rule Changes in 2016,” Managing IP PTAB Forum (May 12, 2016)
  • Moderator, “Securing 360-Degree Protection,” IAM IP in the Auto Industry: Challenges and Opportunities in a Converging World (May 3, 2016)
  • Speaker, “Intellectual Ventures: Who’s Prevailing (and How)?,” Ropes & Gray IP Master Class Financial Services Roundtable (April 28, 2016)
  • Speaker, “Strategies for Coordinating Parallel Proceedings: PTAB, District Court and ITC,” Ropes & Gray and the ACC on Post-Grant Patent Challenges at the Patent Trial and Appeal Board Conference (January 13, 2016)
  • Speaker, “PTAB: What’s Working (& Not),” Ropes & Gray IP Master Class Financial Services Roundtable (April 2015)
  • Presenter, “Case Law Update: Octane and Highmark,” NJIPLA Electronics, Telecom & Software Patent Practice Seminar (November 2014)
  • Moderator, "Robotics and Intellectual Property," We Robot: Getting Down to Business, Stanford Law School Annual Robotics and the Law Conference, Stanford, CA (April 2013)