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 (IP) and technology-driven litigation, across a broad range of technologies and industries, with particular emphasis in the fields of biosciences, chemistry and engineering.

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

Additionally, Mr. Murray is heavily involved with Holland & Knight’s biotechnology clients, especially for bioengineering and fermentation technologies. His familiarity with the science underlying metabolic engineering and microbial strain construction has been invaluable in both the litigation and counseling contexts.

Mr. Murray has experience in pre-suit strategy, utilizing his background in pharmaceutical research and development (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 the FDA seeking to delay generic competition. He has also assisted clients in responding to FDA complete response letters pertaining to pending Abbreviated New Drug Application (ANDA) filings and drafted controlled correspondence to the FDA concerning possible generic exclusivity forfeiture.

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 refugees obtain humanitarian parole entry into the United States and permanent residency afterward.

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
  • The Best Lawyers in America guide, Chicago Intellectual Property Law, Litigation - Intellectual Property Ones to Watch, 2023-2025
  • 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