Brian Nisbet

Trial Experience

• Successfully defended Chief Executive Officer of publicly traded medical device company in a bench trial against allegations of breach of fiduciary duty.
• Successfully represented client in a jury trial in breach of contract case against a global medical device company securing over $40 million in damages.
• Successfully defended a client in a jury trial seeking $48 million in damages for alleged tortious interference of contract and unfair competition.
• Successfully defended a client in a jury trial seeking $30 million in damages for alleged patent infringement concerning spine medical devices.
• Successfully defended a client in a jury trial seeking $50 million in damages for alleged patent infringement concerning fracking technology.
• Successfully represented a software company in a jury trial in a trade secret misappropriation case that resulted in favorable verdict of $104 million in damages.
• Successfully defended a pharmaceutical company in a jury trial seeking $41 million in damages for alleged patent infringement concerning generic versions of the drug Suboxone® and Subutex®.
• Successfully represented a drug company in a jury trial in a breach of contract case that resulted in a favorable, record-breaking verdict of $94 million in damages.
• Successfully represented an artificial turf company in a jury trial in a patent infringement case against main competitor that resulted in a favorable, record-breaking verdict of $30 million in damages.
• Successfully represented a drug company in a significant bench trial victory for alleged patent infringement related to generic version of the drug product NuvaRing®.
• Successfully represented a drug company in a significant bench trial victory for alleged patent infringement related to a generic version of the drug Testim®.
• Successfully represented a drug company in a significant bench trial victory for alleged patent infringement related to a generic version of the drug Travatan Z®.

Commercial, Mechanical and High-Tech Patent Experience

• Represented a leading cable and telecommunications company in a patent infringement case concerning home security and monitoring products.
• Represented a leading cable and telecommunications company in a patent infringement case concerning Voice Over Internet Protocol (VoIP) technology.
• Represented a leading railcar manufacturer in a patent case concerning the design of gondola railcars.
• Represented a leading turf manufacturer in a patent case concerning the design and installation of artificial turf.
• Represented a leading medical device company in a patent case concerning spinal implant and related medical devices.
• Represented a leading fracking company in a patent case concerning fracking technology.

Complex Commercial Litigation Experience

• Defended a leading airline manufacturer in mass tort/wrongful death cases.
• Defended a leading news organization in a highly publicized defamation case.
• Defended a leading private packaged foods company in a class action alleging violations of the securities laws.
• Representing a leading automotive technology company in a case alleging trade secret theft and patent infringement.
• Defended drug company in a case alleging negligence involving the death of a patient in a clinical trial.
• Defended front loading washing machine manufacturer in a class action alleging design defect and consumer fraud.
• Defended protein shake and nutrition bars manufacturer in state and federal class actions alleging consumer fraud.

Brian is a trial lawyer focused on intellectual property litigation and complex commercial disputes, with experience handling business torts, patent infringement, trade secret misappropriation, unfair competition, and breach of contract, in state and federal courts across the country.

Brian has achieved significant results in high-stakes litigation, with multiple bench and jury trial victories over the years. His experience includes record-setting jury verdicts securing more than $100 million, $94 million, $40 million, and $30 million in damages, as well as a recent defense verdict defeating a $48 million claim in California state court involving business torts and unfair competition. He also tried matters arising under the Hatch-Waxman Act.

Brian represents companies in intellectual property litigation across a range of industries and technologies, working heavily in the medical device space. His commercial litigation experience spans claims involving securities violations, product liability, consumer fraud, breach of contract, fiduciary duty, negligence, and wrongful death.

In addition to his intellectual property and trial practice, Brian has worked pro bono on behalf of the wrongfully convicted and other criminal defendants. Brian has been recognized as a “Rising Star” in Intellectual Property Litigation in 2013 and 2015–2019 by Super Lawyers and published in Chicago Magazine.