Overview

Brian P. Murray is a litigation attorney in Holland & Knight's Chicago office and a member of the firm's Intellectual Property Group. Mr. Murray practices in the areas of intellectual property and technology-driven litigation, including cases arising under the Hatch-Waxman Act.

Mr. Murray has represented clients in patent litigation concerning various technological fields, including biotechnology/biosynthesis, pharmaceuticals, including Hatch-Waxman patent litigation, telecommunications and LED technology.

Specific to pharmaceuticals, Mr. Murray has been integral in litigations concerning technological issues such as crystal forms (polymorphs), methods of treatment, molecules and chemical genus, integrated medical devices such as metered dose inhalers, and various formulations, including solid oral dosage forms, oral liquid dosage forms, injectables and transdermal/buccal dosage forms.

Mr. Murray has litigated cases arising under the Hatch-Waxman Act relating to the following products:

  • Doxepin tablets (Silenor®);
  • Budesonide inhalation suspension (Pulmicort Respules®);
  • Gatifloxacin ophthalmic solution (Zymar®/Zymaxid®);
  • Ranolazine tablets (Ranexa®);
  • Tiagabine tablets (Gabitril®);
  • Albuterol sulfate metered-dose inhaler (ProAir HFA®);
  • Tenofovir disoproxil fumarate (Viread®);
  • Pemetrexed for injection (Alimta®);
  • Fulvestrant for injection (Faslodex®);
  • Ceftaroline fosamil injection for intravenous (Teflaro®);
  • Tolvaptan tablets (Samsca®);
  • Alcaftadine ophthalmic solution (Lastacaft®);
  • Cyclosporin ophthalmic solution (Restasis®);
  • Enalapril powder for oral solution (Epaned Kit®);
  • Apixaban tablets (Elquis®);
  • Pomalidomide capsules (Pomalyst®);
  • Naloxegol tablets (Movantik®);
  • Enalapril oral solution (Epaned®).

Mr. Murray has experience in pre-suit strategy, utilizing his background in pharmaceutical R&D to assist clients in product selection and portfolio management, product and formulation development, proposed labeling language, and litigation and regulatory strategies. During litigation, Mr. Murray is particularly experienced in streamlining the discovery process to allow the focus to be on the merits of the case. Mr. Murray’s scientific background and pharmaceutical industry experience is of particular value in the claim construction process and in working with expert witnesses, especially in focusing on and making clear case-dispositive issues, and Mr. Murray has taken several Hatch-Waxman cases through to trial.

In addition to litigation, Mr. Murray counsels clients in a wide range of issues relating to pharmaceutical and biological technologies, including formulation development, product selection and regulatory issues before the U.S. Food and Drug Administration (FDA). For example, Mr. Murray has provided counseling, insight, and assisted in drafting of responses to Citizen’s Petitions to FDA seeking to delay generic competition. Mr. Murray has also assisted clients in responding to FDA complete response letters pertaining to pending ANDA filings, and drafted controlled correspondence to FDA concerning possible generic exclusivity forfeiture.

In other fields, Mr. Murray has counseled biotechnology/biosynthesis clients through difficult discovery issues, leveraging his background and knowledge of the technology to achieve a favorable and efficient outcome. Mr. Murray additionally applies his patent litigation experience in other technological fields, such as telecommunications and LED lighting.

Mr. Murray also devotes time to pro bono practice, including advising a charitable research grant foundation on best practices concerning open access to data and publications arising from research funded by the foundation, and assisting Afghan refuguees obtain humanitarian parole entry into the United States.

Prior to attending law school, Mr. Murray worked as a formulation development scientist at Caraco Pharmaceutical Laboratories and further gained experience in active pharmaceutical ingredient (API) and custom intermediate synthesis development at Fabbrica Italiana Sintetici S.p.A.

Credentials

Education
  • DePaul University College of Law, J.D., Certificate in Intellectual Property Law
  • University of Michigan, B.S.E., Chemical Engineering
Bar Admissions/Licenses
  • Illinois
Court Admissions
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Federal Circuit
Memberships
  • DePaul Journal of Art, Technology & Intellectual Property Law, Staff Writer, 2009-2010
Honors & Awards
  • Holland & Knight Pro Bono All-Star, 2020, 2021
  • CALI Excellence for the Future Award, Torts, DePaul University College of Law, 2008
  • CALI Excellence for the Future Award, Biotechnology Patent Strategies, DePaul University College of Law, 2010

Publications

News