James W. Brady
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James William Brady is in his 29th year of practice, and focuses his practice on patent law in the chemical, pharmaceutical, biotechnology, and other industries.
He has served as lead intellectual property counsel to a wide range of companies, and has successfully advised clients in litigation and business transactions as well as in developing strategies to position the companies and their intellectual property portfolios to succeed in highly competitive industries.
Mr. Brady’s technical knowledge encompasses polymers, specialty chemicals, chemical engineering processes, pharmaceutical compounds, drug delivery technology, diagnostics, antibodies, vaccines, genomics, proteomics, medical devices, mechanical systems, and alternative energy, among others.
Intellectual Property Litigation
Mr. Brady has conducted dozens of intellectual property lawsuits, including patent claim construction (Markman) hearings and mediation in federal and state courts, and has extensive experience in discovery proceedings. With his strong facility for mastering scientific facts and principles, he is well-versed in conducting the cross-examinations and technical depositions of inventors and technical expert witnesses. He also has coordinated litigation in various countries in conjunction with foreign counsel, and has asserted and defended multiple patent appeals before the U.S. Court of Appeals for the Federal Circuit.
He has litigated extensively in the areas of chemistry, medical devices, and other technologies, and has obtained judgments of more than one billion dollars since 2008, including two of the ten largest awards in the history of U.S. patent law. Both of these matters depended extensively upon the principles of polymer chemistry.
Intellectual Property Counseling
Mr. Brady has conducted intellectual property due diligence analyses in connection with large acquisitions of chemical, pharmaceutical, and biotech companies. Mr. Brady has written numerous patent opinions and strategic intellectual property plans and procedures. These have involved patents and trade secrets pertaining to new chemical engineering processes patents, pharmaceuticals, biological molecule detection, stem cells, transgenic plants, DNA sequencing systems, and advanced life science and chemical technologies, among others. His strategic analyses have cleared complex patent landscapes to permit his clients to enter lucrative markets without paying royalties to competitors.
On occasion, he has developed such opinions and analyses into position papers, which were provided to adverse parties for settlement purposes only. The position papers have convinced the opponents to concede to client’s position, thus eliminating the clients’ exposure and any need for payment of intellectual property license fees or damages.
Patent Prosecution, Licensing, and Technology Transfer
Mr. Brady has prosecuted many hundreds of patent applications in a variety of technical fields. He has worked with applications that have involved new chemical entities, polymers and polymerization processes, composite materials, pharmaceutical formulations and treatment regimes, antibodies, antisense oligonucleotides, vaccines, genomics, biological vectors and host systems, tissue engineering and cell culture systems, diagnostics, various medical devices, catalytic systems, hydrogen generation technology, metallurgy, semiconductor fabrication, solar cells, mechanical devices, and various other technologies, all with an eye toward carefully structuring intellectual property assets to achieve his clients’ business goals.
As lead intellectual property counsel for a wide range of clients, he has provided successful strategies and guidance to clients in major transactions involving intellectual property assets. He has drafted and negotiated hundreds of intellectual property agreements, such as patent litigation settlements, patent licenses and cross-licenses, research and development collaborations, supply agreements, and biological material transfer agreements.
COMMUNITY SERVICE & AFFILIATIONS
Mr. Brady served as a board member of the Board of Directors of the Federal Circuit Bar Association (1999-2002). He was chairman of the Federal Circuit Bar Association’s Judicial Conference/Annual Meeting Committee (1992-1999). In addition, as a member of the Federal Circuit Bar Association’s Continuing Legal Education Committee (“CLE”) (1991-2003), he organized and prepared educational materials for CLE programs on legal ethics and appeals to the Federal Circuit. He is a member of the Intellectual Property Committee of the Biotechnology Industry Association, the Corporate Management Committee of the Intellectual Property Owner’s Association, and a member of the American Intellectual Property Law Association (Chemical, Biotechnology, and University Relations Practice Committees), American Bar Association, and the District of Columbia Bar Association.
- 2014–2015, listed in IAM Patent 1000
- 2012–2017, listed in Washington, D.C. Super Lawyers
- 2011–2012, listed in Lawdragon 500
- 2011, listed in The National Law Journal Plaintiffs’ Hot List
- 2009, listed in IP Law & Business Magazine’s Top 10 Litigation Wins of 2008
A description of the standard or methodology on which the accolades are based can be found here.