Bernard A. Brown
Associate
Overview

“I provide innovative strategies to protect my clients’ intellectual property assets.” 

Patent attorney Bernie Brown is a former assistant professor in the Department of Chemistry and Biochemistry at Wake Forest University. Bernie uses this extensive background in research to help his clients protect technologies relating to biotechnology, biochemistry, immunology, molecular biology, chemistry, and pharmaceuticals. 

His experience includes U.S. and foreign prosecution; reexamination requests; patentability, freedom-to-operate, and prior art searches; invalidity and non-infringement opinions; portfolio management in view of the FDA regulatory process; pre-litigation Hatch-Waxman and Biologics Price Competition and Innovation Act (BPCIA) strategy, Inter Partes Reviews, and USPTO PTAB and Federal Circuit Appeals.

Bernie has experience with pharmaceuticals, biopharmaceuticals, biotechnological processes, human blood products, medical diagnostics, agricultural biotechnology, plant patents and medical devices.  Bernie counsels clients on strategically protecting and commercializing their intellectual property, patent portfolio and life cycle management, licensing, and business development. He works with clients across all stages of development to secure their inventions, evaluate potential competitors, advise them on navigating the patent space, and maximize their IP value.

Bernie serves as externally seconded IP counsel for a specialty pharmaceutical company. This experience has provided him with a practical understanding of the challenges of managing business goals and expectations with commercially valuable IP protection while controlling costs.

Before his joining Wake Forest University, Bernie conducted biochemistry, structural biology, and biophysical research as a postdoctoral fellow at the Massachusetts Institute of Technology. He has authored more than 25 scientific articles and book chapters, has presented frequently on life sciences and intellectual property topics, and holds a patent related to generating monoclonal antibodies that recognize multi-stranded DNA complexes.

Practice Groups
Education
  • J.D.,
    Elon University School of Law, 2010
  • Ph.D., cum laude
    North Carolina State University, 1997
  • B.S., Biochemistry
    North Carolina State University, 1992
  • B.S., Zoology
    North Carolina State University, 1992
  • B.A., Chemistry
    North Carolina State University, 1992
Bar Admissions
  • North Carolina
  • U.S. Court of Appeals, Fed. Cir.
  • U.S. Dist. Court, M.D. North Carolina
  • U.S. Patent & Trademark Office
Experience | Legal

Womble Carlyle Sandridge & Rice, LLP, Winston-Salem, NC
Associate, 2010-2015
Summer Associate, 2009

Kilpatrick Stockton LLP, Winston-Salem, NC
Summer Associate, 2009

Sterne Kessler Goldstein & Fox PLLC, Washington D.C.
Summer Associate, 2008

Experience | Non-Legal

North Carolina State University, NC
Senior Research Scientist/Consultant, 2007-2009

Wake Forest University, Winston-Salem, NC
Assistant Professor Biochemistry & Chemistry, 2002-2007

Experience | Teaching

Bernie co-developed and co-implemented an American Chemical Society-accredited biochemistry curriculum for the Chemistry Department at Wake Forest University.He organized and taught eleven undergraduate and graduate courses and laboratories with exposure to over 250 students.

Forward Thinking
alert
March 28, 2017

On Monday, March 27, 2017, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Brands Group LLC, (Case No. 16-341)...

alert
March 21, 2016

On Friday March 18, the Federal Circuit issued an opinion in a pair of appeals involving the contours of personal jurisdiction in Hatch-Waxman litigation—Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., No. 15-1456, and AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 15-1460.

alert
January 15, 2016

On Monday January 4, the Federal Circuit heard oral arguments in a pair of appeals—Acorda ...

in the media
September 03, 2015

On September 3, 2015 Brinks was mentioned in the Law360 article, 'Brinks Gilson Adds Womble Carlyle ...

Presentations
  • "So, you want to be a lawyer, now?!" Making the Transition from Science or Engineering to Law.  Laws of Science Symposium, N.C. Biotechnology Center, Research Triangle Park, NC, March 29, 2012, 
  • "API Supply: Key Strategies for Creating Value in Early-Stage Development: How IP Decisions Can Add Value," Patheon Lunch & Learn, San Francisco, CA, March 19, 2015
  • "Diving Into the Science of Biologics and Biosimilars: What Counsel Needs to Know to Formulate a Regulatory and Patent Strategy," U.S. Biosimilars, American Conference Institute, Munich, Germany, April 20–21, 2015
  • "How USPTO and PTAB are Identifying Patent Eligible Subject Matter," BIO IP & Diagnostics Symposium, Alexandria, VA,  September 18, 2015
Representative Matters
  • In re Hassan et al., U.S. Court of Appeals for the Federal Circuit, Case No. 2013-1287 (lead counsel).  Obtained reversal of the USPTO Patent Trial and Appeals Board and the examiner to receive patent allowance.
Press Releases & Events
September 19, 2016

On September 19, Bernie Brown will participate on a panel and Jennifer Fox will serve as a ...

September 02, 2015
RESEARCH TRIANGLE PARK, N.C.— Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, today announced that four attorneys and one patent agent are joining its life sciences group in Research Triangle Park, ...
Honors
  • Staff Member, Elon Law Review, Elon University School of Law, August 2008–April 2009
  • Business Editor, Elon Law Review, Elon University School of Law, April 2009–April 2010
  • Book Award, Strongest Comprehensive Performance in Issues in Lawyering and Leadership, Fall Semester 2007, Elon University School of Law.
  • Book Award, Strongest Comprehensive Performance in Appellate Advocacy, Spring Semester 2008, Elon University School of Law.
Affiliations
  • North Carolina Bar Association, Intellectual Property Law Subsection, 2007–present
  • American Bar Association, Intellectual Property Law Section, 2008–present
  • American Intellectual Property Law Association, 2010–present
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