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Brian Ferguson is recognized among the leading patent lawyers in the United States. He has 35 years of experience representing Fortune 100 innovator companies before all of the major patent law venues—the ITC, district courts, the Federal Circuit, and the PTAB—in high-stakes IP disputes involving an array of technologies. A leading publication described him as a “master technician” who “calls the right play at every stage of a case, whatever the forum.”
Brian represents clients in all phases of patent infringement and validity disputes before U.S. district courts, Section 337 investigations before the ITC, and adversarial matters before the PTAB, which includes successfully representing clients in nearly 150 inter partes review proceedings. He also has substantial experience litigating patent-related appellate proceedings, including dozens of appeals before the Federal Circuit, where he has argued over 20 times. Additionally, Brian has a broad range of first-chair trial and pre-trial experience in both U.S. district courts and at the ITC. In addition to his patent work, Brian has experience handling other intellectual property disputes, including trade secret, trademark, and copyright litigations. Among his pro bono activities, he has assisted inventors with preparing and filing patent and trademark applications. In 2024, Brian was named Chair of The Sedona Conference’s Working Group 10 on “Best Practices in Patent Litigation.”
Brian has a degree in electrical engineering and is regularly called upon to litigate cases involving sophisticated technologies, including analog and digital integrated circuit designs, computer source code and software design, wearable fitness technology, semiconductor processes, medical technology such as heart valve and annuloplasty devices, injection devices, magnetic image resonance technology, airplane engine design, internet technology, the Internet of Things (IOT), telecommunications hardware and software, digital printing technology, digital cameras, predictive text, and speech recognition technology. He also has handled numerous matters in the chemical space, including batteries and herbicides.
Brian is regularly recognized by international business and industry publications as a leader in patent law. Since 2013, he has been a recommended lawyer nationwide by The Legal 500 US, including in the areas of patent litigation and ITC proceedings and recognized as a “Patent Star” in Washington, D.C. by Managing Intellectual Property’s IP Stars. Since 2012, he has been named among the World’s Leading Patent Practitioners by the IAM Patent 1000, which recently stated that Brian’s “niche lies in cases involving sophisticated technologies, as he leverages his engineering background to offer tailored insight.” IAM has also called him a “veteran enforcer and protector for some of the world’s major technology companies,” and noted that he is a “master tactician” who “calls the right play at every stage of a case, whatever the forum.” In 2012, he was recognized as a “BTI Client Service All-Star” by BTI Consulting Group. He also has been repeatedly recognized by The Best Lawyers in America® and Super Lawyers.
Brian is a respected thought leader in the technology sector and in academia. For several years, he taught a course on patent litigation as an adjunct professor at the George Washington University School of Law. He also regularly authors articles on patent litigation and technology topics, including the “Discovery and Privilege” chapter in the book Patent Litigation (PLI Press).
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