Brian P. Egan

Brian P. Egan is a highly experienced patent litigation attorney and a partner in the Intellectual Property Litigation Group at Morris, Nichols, Arsht & Tunnell LLP, where he also serves as Practice Group Coordinator. His practice is focused on representing technology companies in disputes involving patent infringement, trade secrets, and other litigation matters in the District of Delaware and other federal courts. His diverse technology experience spans areas such as medical devices, pharmaceuticals (including Hatch-Waxman/ANDA litigation), semiconductors, pesticides, cosmetics, consumer products, LEDs, wind turbines, mercury emissions control, and solar cell technology. Egan leverages his background as a former U.S. Patent and Trademark Office (USPTO) patent examiner in chemical and materials engineering.

Egan primarily defends operating companies, with 8 out of 9 tracked case appearances on the defendant side. His firm often serves as lead or Delaware counsel in such proceedings. Notable representations from his tracked cases include acting as lead counsel for the defendant in Midwest Energy Emissions Corp. v. Arthur J. Gallagher & Co., a case concerning mercury emissions control patents, and as local counsel for Google LLC in B.E. Technology, L.L.C. v. Google LLC, where the Federal Circuit affirmed the invalidity of a targeted advertising patent. He also served as local counsel for the plaintiff in First Solar, Inc. v. JinkoSolar, a dispute over TOPCon solar cell technology patents. His firm has secured significant outcomes, including summary judgment for Edwards Lifesciences in a patent suit, invalidating asserted patents related to a heart valve product, and winning summary judgment for Intel Corporation in a twelve-patent infringement dispute over chip technology.

Egan is active in post-grant proceedings, regularly representing clients as lead counsel before the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. He is admitted to practice in Delaware (2016) and New York (2005), and before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office. He earned his J.D. cum laude from American University Washington College of Law in 2004 and a B.E. in chemical engineering from Vanderbilt University in 2001. Prior to joining Morris Nichols in 2015, Egan spent over a decade at a prominent New York law firm, Paul, Weiss, Rifkind, Wharton & Garrison LLP.