Brian Nisbet

Trial Experience

• Brian has extensive experience representing both plaintiffs and defendants in high-stakes jury and bench trials. Representative matters include:
• Secured a complete defense victory in Delaware Chancery Court on behalf of the Chief Executive Officer of a publicly traded spine medical device company against claims for breach of fiduciary duty, and his company against claims of unfair competition and tortious interference with contract.
• Secured a $104 million jury verdict for a software company in a trade secret misappropriation action against major automotive manufacturer in Michigan federal court
• Secured a record-breaking $94 million jury verdict for a pharmaceutical company in a breach-of-contract dispute in Illinois state court.
• Secured more than $40 million in damages after six-week jury trial in California state court for world renowned spine surgeon in breach-of-contract action against a global medical device company.
• Defeated $48 million damages claim after six-week jury trial in California state court representing spine medical device company in commercial dispute involving tortious interference with contract and unfair competition.
• Secured a complete defense verdict in a patent infringement trial in Texas federal court involving $50 million in claimed damages and hydraulic fracturing technology.
• Defeated $30 million damages claim in a patent infringement trial representing a spine medical device company in California federal court
• Secured a complete defense verdict for a pharmaceutical company in a patent infringement trial involving $41 million in claimed damages in New Jersey federal court.
• Secured a $30 million jury verdict for an artificial turf company in a patent infringement trial in Michigan federal court against its principal competitor.
• Represented airplane manufacturer in multiple wrongful death and survivor act damages only trials in Illinois federal court
• Secured significant bench trial victories in New Jersey and Delaware federal court for pharmaceutical companies in patent infringement disputes involving generic versions of NuvaRing®, Testim®, and Travatan Z®.
• INTELLECTUAL PROPERTY LITIGATION
• Brian has extensive experience representing plaintiffs and defendants in complex intellectual property disputes, with an emphasis in patent and trade secret litigation. He has litigated matters involving sophisticated technologies and substantial potential damages across a wide range of industries.
• Representative matters include:
• Represented a leading cable and telecommunications company in patent litigation involving home monitoring products.
• Represented a leading cable and telecommunications company in patent litigation involving Voice over Internet Protocol (VoIP) technology.
• Represented a leading medical device company in patent litigation involving spinal implants and related medical devices.
• Represented a leading hydraulic fracturing company in patent litigation involving fracking technology.
• Represented pharmaceutical companies in numerous patent disputes involving branded and generic pharmaceutical products.
• Represented clients in complex trade secret disputes involving software, automotive technology, and other sophisticated technologies.
• Represented a leading railcar manufacturer in patent litigation concerning gondola railcar design.
• Represented a leading artificial turf manufacturer in patent litigation concerning the design and installation of artificial turf.
• COMPLEX COMMERCIAL LITIGATION
• Brian represents companies in complex, business-critical disputes across a broad range of industries. His experience includes breach of contract, business torts, fiduciary duty, defamation, products liability, mass torts, consumer class actions, and other significant commercial disputes.
• Representative matters include:
• Defended a leading news organization in a highly publicized defamation action.
• Defended a leading privately held packaged-foods company in a class action alleging violations of securities laws.
• Defended a pharmaceutical company against negligence claims arising from the death of a participant in a clinical trial.
• Defended a major appliance manufacturer in class-action litigation alleging product defects and consumer fraud.
• Defended a manufacturer of protein shakes and nutrition bars in state and federal consumer class actions.
• Defendant large technology company in breach of contract case.

Brian Nisbet is a trial lawyer who represents companies and executives in high-stakes commercial and intellectual property disputes in courts across the country. He has substantial courtroom experience representing both plaintiffs and defendants in jury and bench trials involving complex business, technology, and intellectual property disputes and hundreds of millions of dollars in claimed damages.

Brian’s trial record includes a $104 million jury verdict in a trade secret case, a record-breaking $94 million verdict in a breach-of-contract dispute, a verdict exceeding $40 million in another breach-of-contract trial, and a $30 million patent verdict. On the defense side, he has helped secure complete victories in trials involving breach of fiduciary duty, tortious interference and unfair competition, breach of contract, and patent infringement, including cases involving tens of millions of dollars in claimed damages.

Brian has extensive experience litigating intellectual property disputes, including patent and trade secret cases involving pharmaceuticals, medical devices, software, telecommunications, automotive technology, energy, and other sophisticated technologies. He has represented both plaintiffs and defendants in intellectual property matters and has taken numerous patent and trade secret cases through trial.

Brian also maintains a broad complex commercial litigation practice. His experience includes breach of contract, business torts, fiduciary duty, unfair competition, defamation, products liability, mass torts, securities litigation, and consumer class actions. He represents clients across a range of industries, including pharmaceuticals, medical devices, technology, telecommunications, automotive, energy, aviation, consumer products, and media.

Brian brings a trial lawyer’s perspective to litigation from the outset, focusing on developing the facts, witnesses, strategy, and themes necessary to present complicated business and technical disputes clearly and persuasively to judges and juries.