Brian Murphy

Brian Murphy is a partner at Haug Partners in New York City.

From September 2013 through September 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. During that time he presided over nearly 200 post grant review trial proceedings (Inter Partes Review, Post Grant Review, and Covered Business Method Review).

As a PTAB trial judge he presided over interlocutory discovery and motion proceedings, heard oral argument, and drafted numerous substantive decisions. For three years he also served as a Lead Judge on the PTAB leadership team, which included management, supervision, and mentoring of Administrative Patent Judges trained in the biotechnology, pharmaceutical, and chemical arts. He was a regular speaker at industry conferences on behalf of the PTAB.

Prior to joining the PTAB, Mr. Murphy was a patent attorney in New York City with nearly 30 years of experience trying and litigating major patent cases in federal district courts and the International Trade Commission.

Mr. Murphy acts as counsel or as a consultant to clients and counsel involved in PTAB post grant trial proceedings, district court patent litigation and trials (jury and non-jury), and Federal Circuit appeals. Mr. Murphy has represented clients in the pharmaceutical, biotechnology, medical device, consumer products, telecommunications, and electronics industries. He has particular expertise in Hatch-Waxman patent litigation. He provides strategic advice and opinions, conducts mock oral arguments, acts as an expert witness, conducts IP due diligence, and mediates intellectual property disputes.

Mr. Murphy is certified as a mediator (Basic Mediation Training, New York City Bar Association 2019) and has participated as a party in many sophisticated corporate intellectual property mediation resolutions.