Brian O’Reilly is a registered patent attorney and trial lawyer who helps innovators protect their most important intellectual property in courts throughout the United States. He has led cases through all phases from pre-suit through appeal and has been serving in a first-chair role at both bench and jury trials for nearly a decade. A large part of Brian’s practice concerns Hatch-Waxman litigation. He has experience seeking preliminary injunctive relief and constructing complex multi-defendant settlements in such drug patent actions.
Brian’s litigation clients value his willingness to advance novel and creative tactics and strategies and his ability to think on his feet and perform under pressure. With a background in chemistry and finance, Brian is also sought out by biopharma C-suite and the life sciences investment community to advise on questions of overlapping patent, regulatory, and commercial strategy.
Prior to joining the firm, Brian was a partner in the New York City office of an international law firm where his practice included disputes concerning patents, inventorship, royalty allocation, trademarks, trade secrets, and copyrights. Previously, Brian established his own intellectual property law firm where he represented large pharmaceutical companies on patent matters concerning some of their most important products. Brian also brought groundbreaking cases on novel issues of pharmaceutical patent law, which received coverage in the popular and scientific press and made Brian a go-to practitioner for inventorship disputes. In these matters, Brian successfully led litigation and trial teams against some of the nation’s largest and most well-established law firms.
Brian has spent over a decade advising the biopharma investment community on questions covering the full spectrum of patent law. He regularly speaks at industry and legal conferences, including ACI and Investment Banking conferences. Brian also regularly publishes legal articles and is quoted in the press.
Brian was recognized as a New York “Super Lawyer” (2016-2020) and as a “Rising Star” (2013-2015) for Intellectual Property Litigation by Super Lawyers magazine. He also received a Pro Bono Award from The Legal Aid Society for successfully representing and preventing the eviction of several tenants of the New York City Housing Authority.
Brian is conversational in Chinese.
*Represented an inventor in a first of its kind pharmaceutical patent royalty dispute against a leading university. The case was settled after favorable rulings allowing the case to proceed on a novel contractual and unfair trade practices theories.
*Represented a major biotechnology company in a patent litigation concerning a renal drug product. The case was tried successfully to verdict in federal district court in Chicago.
*Represented a major biotechnology company in patent litigation concerning a renal drug product. The case was tried successfully to verdict in federal district court in Maryland.
*Represented an individual in an inventorship dispute against a leading university. The case was settled.
*Represented a global privately-owned biotechnology company in a patent dispute regarding its lead drug candidate. The case was resolved with opposing party dropping its demands.
*Represented a major biotechnology company in fourteen related patent litigations concerning two product brands. The case settled favorably on the eve of trial.
*Represented a major biotechnology company in three related patent litigations concerning a cholesterol medication product. The case was settled.
*Represented a for-profit education management organization for public schools in trade secret and contract litigation concerning an educational partnership. The case was settled.
*Represented a well-known company specializing in fashion accessories in trademark litigation concerning a fashion house and luxury goods company’s monogram mark. Prevailed in summary judgment and appeal.
*Represented a well-known company specializing in fashion accessories in a trademark litigation concerning a fashion house and luxury goods company’s mark. The case was settled.
*Represented a major pharmaceutical company in an anti-trust patent misuse litigation involving a statin. Prevailed on summary judgment.
*Represented a major pharmaceutical company in an at-risk preliminary injunction hearing. The case settled after a week-long hearing without launch of the product.
*Represented a research-based pharmaceutical company in eight patent litigations concerning an antihistamine product. The case was settled.
*Represented a nutraceutical company in a trademark and unfair trade practice litigation over the company’s name and business. The case was settled.
*Represented a major retail corporation and its brand of toy products in a patent litigation in the Eastern District of Texas. The case settled after a change of venue motion that raised a novel manufacturer/retailer defense for the first time in transfer motion.
*Represented several consumer product companies in numerous patent, trademark, unfair competition, and copyright cases in courts throughout the United States.
*Experience gained by attorney prior to joining Kilpatrick Townsend
New York University School of Law, J.D. (2002) magna cum laude, Order of the Coif
University of Massachusetts, B.S., Chemistry (1999)
New York (2003)
U.S. Patent and Trademark Office (2004)
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 District of Massachusetts
Army National Guard, Enlistee (1993-2001)