Brian Biddinger 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. Mr. Biddinger 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. He 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.
- The California Institute of Technology
- Becton, Dickinson & Co.
- Activision Blizzard
- American Honda Motor Co.
- Denso International
- Gentex Corp.
- Praxair, Inc.
- Samsung Electronics
- Toyota Motor Co.
- TS Tech
- Obtained a verdict of $1.1 billion for the California Institute of Technology (“Caltech”) in a patent infringement lawsuit against Apple and Broadcom. After a two-and-a half-week trial, the jury awarded Caltech over $1.1 billion in damages. The patents protected Caltech’s invention of a novel advancement in error correction coding that is now used in WiFi.
- Defended Samsung Electronics in multiple patent suits brought by Affinity Labs of Texas involving portable audio devices and wireless communications. The patents were successfully invalidated at the PTAB and the cases were ultimately dismissed.
- Obtained a defense verdict of patent non-infringement, invalidity and inequitable conduct on behalf of Gentex Corp. in a patent infringement lawsuit filed by K.W. Muth involving automotive signal mirrors.
- Obtained a defense jury verdict of invalidity and non-infringement on behalf of Becton, Dickinson & Co. and Nova Biomedical Corp. in a case filed by Therasense, Inc. involving diabetes blood glucose monitors.
- Obtained a plaintiff jury verdict of unjust enrichment and unfair business practices on behalf of Massachusetts Eye & Ear Infirmary against QLT, Inc. in a case involving treatment of advanced macular degeneration. The verdict resulted in the award of a 3.01% royalty on more than $2 billion sales and attorney's fees for MEEI.
- Obtained a plaintiff jury verdict of infringement on behalf of Praxair, Inc. against Advanced Technology Materials, Inc. in the District of Delaware. In a co-pending case filed by ATMI against Praxair in the Southern District of New York, we obtained summary judgment that ATMI’s asserted patent was invalid.
- Obtained a complete defense victory on summary judgment on behalf of RouteOne LLC in a case filed by DealerTrack asserting three patents related to Internet-based automotive financing. Shortly before trial, the district court granted three separate motions for summary judgment filed by RouteOne, resulting in a finding that all asserted claims were either not infringed, invalid and/or unpatentable.
- Represented Spansion in an ITC investigation brought against Macronix involving flash memory technologies. The investigation was one of four co-pending ITC investigations and multiple district court actions between the parties. The parties reached a global settlement shortly before the hearing.
- Represented Transmeta Corp. in a patent infringement suit against Intel Corp. involving microprocessor technology. The case settled favorably for $250 million, which was one of the top patent damage settlements in 2007.
- Defended a Major Japanese Automaker in a patent infringement lawsuit brought by Innovative Display Technologies involving lighting panels and LCD displays. Following a Markman hearing, the case settled favorably for our client.
- Defended a Major Japanese Automaker in a patent infringement lawsuit brought by Versata involving Computer Aided Design software and product configuration software. After we filed a series of motions the case settled favorably for our client.
- Fordham University Law School
(J.D., cum laude, 2002)
- Fordham Law Review:
- Senior Articles Editor
- Order of the Coif
- Fordham Law Review:
- Lehigh University
(B.S., Mechanical Engineering, 1996)
- The State Bar of New York
- The State Bar of California
- United States Court of Appeals:
- First Circuit
- Federal Circuit
- United States District Courts:
- Northern District of California
- Central District of California
- Eastern District of Wisconsin
- Southern District of New York
- Eastern District of Texas
- Ropes & Gray:
- Partner, 2011-2016
- Associate, 2005-2011
- Fish & Neave:
- Associate, 2002-2004
- The Best Lawyers in America (2023 Edition): Litigation – Patent, 2023
- Who’s Who Legal: Patents, 2016-2019
- New York Super Lawyers, 2013-2022
- New York Super Lawyers: Rising Stars, 2011-2012
- Co-Author, "Willful Infringement and Enhanced Damages, Post-Halo," Daily Journal (December 2018).
- “International Patent Strategy: A Focus on Germany and China,” World Intellectual Property Report, 30 WIPR 35, (July 1, 2016).
- Cited, “Federal Circuit Backs HTC, Samsung Streaming Patent Win atPTAB,” Law360 (May 9, 2016).
- “Proving Indirect Infringement: Is Post-Suit Knowledge of a Patent Sufficient,” BNA’s Patent, Trademark & Copyright Journal, 86 PTCJ 1161, (October 4, 2013).
- 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 ClassFinancial 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).