Brian E. Ferguson is a partner in Weil’s patent litigation practice, specializing in high technology patent disputes involving a wide array of technologies.
Mr. Ferguson is a nationally recognized leader in patent law. He was named one of the “top 50 under 45” IP practitioners in the U.S. by IP Law & Business and was recognized as an “IP Star” in the District of Columbia by Managing Intellectual Property IP Stars 2013. He has been repeatedly recognized by The Best Lawyers in America and Super Lawyers, and was named to the 2010 Lawdragon Top 3000. He has also been recognized as a “BTI Client Service All-Star” and named to the IAM Patent 1000 as one of the World’s Leading Patent Practitioners.
Mr. Ferguson represents clients in patent infringement and validity disputes before district courts and Section 337 investigations before the U.S. International Trade Commission. He has substantial experience in handling patent-related appellate matters, having handled dozens of appeals and successfully argued numerous appeals before the U.S. Court of Appeals for the Federal Circuit and the Board of Patent Appeals and Interferences in the U.S. Patent and Trademark Office. He also has a broad range of trial and pre-trial experience presenting evidence and arguing case-dispositive motions.
Of particular note, he successfully argued before an en banc panel of the Federal Circuit in the case In re Seagate Technology LLC, in which the Federal Circuit changed the standard for proving willful infringement and clarified the scope of attorney-client privilege waiver in patent cases (497 F.3d 1360 (Fed. Cir. 2007) (en banc)). In Boston Scientific Scimed v. Medtronic Vascular, Inc., he successfully argued a case of first impression concerning the statutory construction of 35 U.S.C. § 119 (497 F.3d 1293 (Fed. Cir. 2007)). Mr. Ferguson has represented companies such as Apple, Samsung and National Semiconductor Corporation in Section 337 investigations in the ITC.
With a degree in electrical engineering, Mr. Ferguson is well-versed in matters pertaining to analog and digital integrated circuit designs, computer source code and software design, semiconductor processes, medical devices, Internet technology, telecommunications hardware and software, digital half toning and printing technology, digital cameras, and model train technology.
In addition to his practice, Mr. Ferguson taught patent litigation as an adjunct professor at the George Washington University School of Law, and is a leading expert commentator, regularly authoring pieces on patent litigation and technology topics. He authors the “Discovery and Privilege” chapter in the book Patent Litigation (PLI Press). Mr. Ferguson is a member of the Federal Circuit Bar Association and the American Intellectual Property Law Association. He serves on the Board of Directors of Give an Hour, a non-profit organization devoted to providing mental health services to U.S. veterans and their families.
Mr. Ferguson is admitted to practice in New York, the District of Columbia, the U.S. Patent and Trademark Office, the U.S. Supreme Court, numerous U.S. District Courts, and the U.S. Court of Appeals for the Federal Circuit. He graduated from Union College in 1988 with a B.S.E.E. (magna cum laude) and in 1991 from Albany Law School.