Brian A. Verbus - Associate

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Brian A. Verbus

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Chicago
Phone: +1 312-862-3775
Fax: +1 312-862-2200
Overview

Professional Profile

Brian Verbus is an intellectual property litigation associate in the Chicago office of Kirkland & Ellis. His practice involves a range of technologies including electronics, pharmaceuticals, medical devices, mechanical and industrial equipment, and packaging coatings. Brian has experience in all phases of patent litigation, including claim construction, fact and expert discovery, summary judgment, trial in federal district courts, and appeals to the Federal Circuit. 

Brian also represents clients in Lanham Act false advertising and trademark disputes throughout the litigation process, from preliminary injunction through trial. With respect to advertising disputes, Brian has also represented clients in proceedings before the National Advertising Division of the Council of Better Business Bureaus (NAD).


Representative Matters

Patent Litigation

  • Intellectual Ventures II v. JPMorgan Chase & Co., 13-cv-3777 (S.D.N.Y.); Intellectual Ventures II v. Citibank, N.A., 14-cv-4638 (S.D.N.Y.) — Representing large banks in multi-patent infringement litigation involving online banking and security technology. The district court granted summary judgment of non-infringement on the sole remaining patent. A Federal Circuit appeal is pending.

  • Intellectual Ventures II v. JPMorgan Chase & Co., Appeal No. 17-2429 (Fed. Cir.) — representing JPMorgan in appeal regarding online banking and security technology.

  • The Sherwin-Williams Company v. PPG Industries, Inc., 2:17-cv-1023 (W.D. Pa.) — Representing Sherwin-Williams in patent infringement dispute against PPG Industries, Inc. regarding can coatings.

  • Hill-Rom Services, Inc. v. Stryker Corp., 1:13-cv-765 (S.D. Ind.) — Represented Hill-Rom in patent infringement dispute against Stryker Corporation regarding hospital beds. Obtained settlement for client.

  • Hill-Rom Services, Inc. v. Matal, Appeal No. 16-2199 (Fed. Cir.) — Represented Hill-Rom in appeal from decision of the Patent Trial and Appeal Board rejecting certain of Hill-Rom’s patent claims. The Federal Circuit reversed-in-part, vacated-in-part, and remanded for further proceedings.

  • AAMP of Florida Inc. v. Automotive Data Solutions, 8:13-cv-2019 (M.D. Fla.) — Represented AAMP in patent infringement lawsuit against Automotive Data Solutions regarding aftermarket vehicle stereo equipment. Obtained summary judgment of infringement and settlement for client.

  • Audionics Sys. Inc. v. AAMP of Florida Inc., 2:12-cv-10763 (C.D. Cal.) — Represented AAMP in patent infringement lawsuit against Automotive Data Solutions regarding aftermarket vehicle stereo equipment. Obtained summary judgment of infringement and settlement for client.

  • Valeant Pharms. Luxembourg S.A.R.L. v. Actavis Labs. Inc., 2:16-cv-4344 (D.N.J.) — Represented Actavis in claim construction proceedings in ANDA pharmaceutical litigation.

  • In the Matter of Certain Protective Case for Electronic Devices and Components Thereof, Inv. No. 337-TA-955 (ITC): Represented manufacturer of protective phone cases in patent infringement investigation. 

False Advertising Litigation

  • Dyson, Inc. v. SharkNinja Operating LLC and SharkNinja Sales Co. (N.D. Ill.): Representing Dyson, Inc. in false advertising litigation with SharkNinja Operating LLC related to SharkNinja’s carpet cleaning superiority advertising claims. Obtained jury verdict finding SharkNinja liable for willful false advertising under the Lanham Act.

  • Euro-Pro Operating LLC v. Dyson, Inc. (D. Mass.): Represented defendant/counterclaimant Dyson in false advertising action regarding suction performance and carpet cleaning superiority claims. Obtained dismissal of case and settlement for client on eve of trial.

  • Represented a variety of clients in confidential proceedings before the National Advertising Division of the Council of Better Business Bureaus (NAD).

Trademark Litigation

  • The Kroger Co. v. Lidl US, LLC, 3:17-cv-480 (E.D. Va.) — Represented Lidl and successfully defeated preliminary injunction sought by Kroger for alleged trademark infringement and dilution. Obtained settlement for client shortly after the preliminary injunction.


Publications

Federal Circuit Approval (review of the Federal Circuit’s Novartis AG v. Noven Pharms. Inc. decision), THE PATENT LAW. 39–41 (July–Aug. 2017).

Shipping Components Abroad: U.S. Supreme Court Weighs in on Infringement Based on Foreign Supply Under 35 U.S.C. § 271(f)(1), THE PATENT LAW. 47–49 (Mar.–Apr. 2017).

Two Apples Do Not Ensure Two Bites: PTAB’s Discretion on Institution, THE PATENT LAW. 15-17 (Nov.-Dec. 2016).

From Obscurity to Ubiquity (A Review of 28 U.S.C. § 1782), INTELLECTUAL PROP. MAGAZINE 47-50 (July-Aug. 2016).

A Bridge Too Far? Limits in PTAB Trials, THE PATENT LAW. 11–14 (Jan.–Feb. 2016).

Supplemental Examination – Where’s the Love?, INTELLECTUAL PROP. MAGAZINE 74–75 (Nov. 2015).

Good Faith No Longer A Defense to Inducement (a review of the Supreme Court’s decision in Commil USA, LLC v. Cisco Sys., Inc.), INTELLECTUAL PROP. MAGAZINE 74–75 (July-Aug. 2015).

"Two Recent and Important Court Decisions Favor Patent Owners" - Inside Indiana Business, available at http://www.insideindianabusiness.com/contributors.asp?id=2032


Seminars

Federal Circuit’s View on AIA Post-Grant Reviews, Law & Technology Seminar (May 18, 2016)

Presentations

Proper Venue Post-TC Heartland, IL CLE Presentation (September 25, 2017)


Prior Experience

PILI Fellow, Loyola Federal Income Tax Clinic, Chicago, 2013

Summer Associate, Kirkland & Ellis, Chicago, 2012

Summer Associate, Barnes & Thornburg, Indianapolis, 2011


Other Distinctions

Represented team USA in the Triathlon World Championships in Hamburg, Germany, 6th place, 2007


Courts

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Northern District of Illinois

© 2018 Kirkland & Ellis LLP