Alert 04.08.25
Lashify v ITC: The Federal Circuit Redefines the Domestic Industry Requirement
The Federal Circuit has overturned the U.S. International Trade Commission’s longstanding interpretation of section 337(a)(3)(B).
Bryan Collins is a partner in Pillsbury’s Intellectual Property practice. His experience and background are well-suited to serving the litigation, counseling and complex prosecution needs of clients.
Bryan assists clients in enforcing and defending their patents to strengthen their marketplace position. This includes both enforcing and defending against patent infringement claims in court, development of patent portfolios and assessment of infringement risks. Bryan has represented clients in numerous Patent and Trial Appeal Board trials, including serving as lead counsel for numerous interferences, inter partes reviews and covered business method patent reviews. Bryan also litigates trade secret, unfair competition matters and other technology matters.
Representative Experience
- Served as lead trial and appellate counsel for a major tool manufacturer defending against design patent infringement and unfair competition claims. Client’s products were found non-infringing (affirmed in precedent-setting appellate decision).
- Represented global manufacturer that had developed a pioneering safety innovation. Secured patent protection for the technology, coordinated enforcement proceedings in the U.S. and abroad and defended challenge to the patent.
- Served as lead trial and appellate counsel in CBM proceeding invalidating two internet-based translation system patents, even after the patent was found valid and infringed in prior District Court trial.
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- Lead counsel successfully invalidating database security patent on Section 101 grounds at Rule 12 stage without need for discovery.
- Lead counsel for defendant in patent litigation relating to self-aggregating peptide biomaterials for medical/pharmaceutical applications. Plaintiff took adverse judgment after issuance of claim construction order in our client’s favor.
- Represent world’s largest manufacturer of TPMS technology in multiple District Court litigations, inter partes review proceedings and reexaminations and Federal Circuit appeals.
- Represented major phone case brand in defending ITC proceedings and related inter partes review proceeding.
- Lead counsel in litigation and multiple inter partes reviews relating to vacuum cleaner technology, leading to cancellation of all asserted claims by the USPTO (pending appeal).
- Lead counsel for major Tier I auto parts supplier in patent litigation in the Eastern District of Virginia. Successfully settled the case after Markman briefing.
- Lead litigation counsel for one of the world’s largest IT providers in various cases.
- Obtained summary judgment of non-infringement as lead counsel for a major tool manufacturer in patent case involving stud-finders and underlying software filed in Northern District of California. Affirmed on appeal.
- Represented a global manufacturer in a major patent litigation win against one of its major competitors in the Eastern District of Virginia’s “Rocket Docket.”
- Represented client in complex breach of distributorship action involving trade secret, trademark, unfair competition and breach of contract claims. Successfully defended plaintiff’s motion for preliminary injunction and settled case favorably.
- Represented major food manufacturer as defendant in design patent litigation. Case settled on favorable terms at end of discovery after court allowed entry of antitrust counterclaim.
- Represented global shredder manufacturer in district court litigation. After Markman hearing, judge reversed a prior denial of summary judgment and entered judgment in client’s favor. This case settled on appeal.
- Represented pro bono client concerning 14th Amendment due process issues. On appeal, the Virginia Court of Appeals held that the order violated the client’s 14th Amendment due process rights.
- Successfully defended two third-party reexamination requests filed on client’s core patents relating to insect trapping technology. Also managed successful defense of an opposition filed separately at the European Patent Office.
- Successfully represented medical products manufacturer in developing a patent portfolio protecting its core technology, and in enforcing that portfolio against a variety of infringers.
- Represented well-known spa manufacturer in defense of allegations of trade secret misappropriation and trademark infringement in connection with spa controllers and associated software.
Professional Highlights
- Nominated for “Outstanding Litigator” in Virginia hosted by Managing Intellectual Property during its annual Managing IP Americas Awards program (2019).
- Recognized as an “IP Star” for Patents (nationally and in Virginia) as published by Managing Intellectual Property (2019 – 2024).
- The Legal 500 U.S., Intellectual Property (2007 – 2009, 2011 – 2012), Patents – Prosecution (2016 – 2017).
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- Burton Award for Excellence in Legal Writing, Recipient (2008).
- Served as lead appellate counsel in one of the earliest Federal Circuit appeals from an inter partes review, resulting in affirmance of a successful unpatentability decision from the PTAB.
Education
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J.D., Boston University School of Law, 1997
cum laude, Journal of Science and Technology LawB.S., Mechanical Engineering, Massachusetts Institute of Technology, 1994
Admissions
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Virginia
Massachusetts
District of Columbia
U.S. Patent and Trademark Office
Courts
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U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Eastern District of Texas
U.S. Supreme Court