Brian R. Tomkins

Brian Tomkins is a partner in the firm. His practice concerns all aspects of IP including worldwide IP asset management, due diligence and clearance, litigation, and acquisition and licensing, particularly in the biomedical device, biotechnology, pharmaceutical, energy, blockchain, and chemical industries.

For many businesses, the discussion on innovation is often a balance between organic innovation and innovation through acquisition. Mr. Tomkins is adept at analyzing these decisions by drawing on his broad range of experience to develop pragmatic strategies consistent with a client's business goals. Mr. Tomkins also assists clients in formulating strategies to manage risk, which is a key element in determining whether to develop, acquire and/or launch a new product. Mr. Tomkins’ legal cross-training has fostered a unique ability to apply strategies common in one situation to another seemingly unrelated situation, often leading to creative solutions to achieve a desired outcome.

Clients look to Mr. Tomkins to defend their hard-won technology. Mr. Tomkins’ knowledge and experience in the U.S. court system, the Patent Trail and Appeal Board, and the International Trade Commission (ITC), and their nuances, provides a keen advantage to those seeking to leverage their IP rights, whether to establish his client as the innovator of a pioneering technology, keep competitors out of the market, or influence ongoing business negotiations.

Determining development, acquisition and assertion strategy is particularly important for clients in industries with a high cost of investment, notably for next-generation innovators in biotechnology and pharmaceuticals, medical devices, and emerging energy technologies. Such companies must take particular care in deciding when and where to assert their IP rights to lead to a desired resolution.