BRIAN M. ROTHERY

Brian is an experienced intellectual property attorney who provides strategic representation to both plaintiffs and defendants in patent disputes involving such diverse technologies as medical devices, dietary supplements, automotive components, consumer products, electromechanical devices, semiconductors, robotic devices, bicycles, vending machines, window coverings and product packaging.

Brian is a skilled litigator who also helps clients resolve trademark, state unfair competition and business tort (trade secret) claims. He has participated in all phases of litigation, from discovery and pretrial preparations through to trial and post-trial activities. He has served as trial counsel before federal trial and appellate courts throughout the United States, including district courts in New York, Virginia, Delaware, Texas, Illinois, Minnesota, Michigan, Pennsylvania, Florida, Massachusetts, Indiana, Tennessee and California. He also appeared before the Court of Appeals for the Federal Circuit for two cases that resulted in favorable reversals of lower court decisions and an immediate favorable settlement.

In addition to his trial practice, Brian also provides comprehensive counseling on intellectual property matters, advising clients on the development and management of international and domestic IP portfolios for patents, trademarks and trade secrets to help maximize the protection on the client’s research and development activities, commercial products and marketing strategies. He has participated in patent re-examinations and lectured before the American Society of Mechanical Engineers (ASME) on patent portfolio development.

Additionally, Brian advises on freedom-to-operate issues (including validity and noninfringement opinions), patent due diligence investigations and competitor patent portfolio analysis. On behalf of large multinational companies as well as venture capital funds, particularly in the medical device field, Brian often analyzes products and patent portfolios for clients interested in acquiring, merging with or obtaining an equity position in a company, including in startup companies.

Good to know

Job Types Partner
Areas of Practice 1) Intellectual Property, 2) IP Litigation and 3) E-Discovery
Law School Pace University School of Law (J.D.,1990)
Education State University of New York (B.S.,1987)
Bar Member / Association New York State Bar Association
Most recent firm Fox Rothschild LLP
LinkedIn Profile https://www.linkedin.com/in/brian-rothery-80120414?trk=prof-samename-name
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