Brian E. Schmalzbach

Brian E. Schmalzbach is a partner at McGuireWoods where he co-leads the firm's Business Litigation Practice Group and is the former co-leader of its Appeals and Issues group. His practice focuses on appellate litigation, and while it spans a wide range of issues including constitutional law, class actions, and complex product disputes, it has a significant patent litigation component. He handles high-stakes dispositive motions and has argued before the U.S. Supreme Court, most federal courts of appeals, and various state appellate courts.

Based on available information, Mr. Schmalzbach primarily represents corporate defendants in patent disputes. The provided case data shows him appearing as local counsel for the defendant in Thales DIS France SA v. Canadian Bank Note Company Ltd et al. His firm biography highlights his successful defense of large telecommunications companies before the U.S. Court of Appeals for the Federal Circuit, reinforcing a defense-side focus.

Mr. Schmalzbach has achieved notable results in patent appeals. For one telecommunications client, he argued a successful appeal at the Federal Circuit that upheld a summary judgment of invalidity and noninfringement, and later secured an affirmance of a six-figure attorney's fee award. In the realm of post-grant proceedings, he has also argued before the Federal Circuit to reverse an unfavorable Inter Partes Review (IPR) decision from the Patent Trial and Appeal Board (PTAB) and, in a related matter, to affirm a favorable PTAB decision finding other claims invalid.

Before joining McGuireWoods, Mr. Schmalzbach clerked for Justice Clarence Thomas of the Supreme Court of the United States and for Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. He earned his J.D. from the University of Virginia School of Law.