Brian E. Moran

Of Counsel

  • Overview

    Biography

    Brian Moran is a member of the firm’s Business Litigation and Intellectual Property + Technology Groups. His practice focuses on three primary areas: intellectual property disputes; antitrust litigation and counseling; and litigation of business disputes.

    Intellectual Property

    Brian litigates patent and trademark infringement lawsuits, trade secret misappropriation claims, copyright violations, and intellectual property licensing disputes in federal courts across the United States. He has obtained positive results for clients in intellectual property cases involving a wide array of products and technology, from software to septic systems. Brian successfully defended a patent infringement action involving a method for remotely monitoring computer usage, and a copyright infringement action involving embryology textbooks, for example.

    Brian routinely counsels clients on technology licensing issues, with a concentration on software development and licensing matters. He was a co-editor of a book published in 2000 entitled e-counsel: The Executive’s Legal Guide to Electronic Commerce.

    Antitrust Litigation and Counseling

    Brian has extensive experience in litigating antitrust disputes. He also counsels clients on antitrust compliance, as well as marketing and distribution issues, including vertical price restraints, customer and territorial allocations, volume discounts, loyalty programs, price discrimination, promotional allowances and incentives, resale price maintenance, refusals to deal, dealer terminations, exclusive dealing arrangements and tie-ins. His assistance allowed one of his clients to avoid an indictment in a Federal Trade Commission price-fixing conspiracy investigation. He is the principal author of a book, published by Thomson Reuters in 2013, entitled The Executive’s Antitrust Guide to Pricing.

    Business Dispute Litigation

    Brian has more than 40 years of experience handling a wide array of business disputes, including breach of contract actions, business torts, trade libel and false advertising suits, fraud and misrepresentation claims, and unfair competition disputes. He has a record of success assisting clients in business dispute litigation. He has won multiple jury verdicts in federal court, such as obtaining a jury verdict on behalf of the sellers of a satellite technology company in a fraud action.

    Brian has been listed in The Best Lawyers in America® in the area of Litigation - Intellectual Property since 2012 and Commercial Litigation since 2013.

  • Experience
    • Experience

      Experience

        Intellectual Property

      • Obtained summary judgment of a Connecticut financial data and software company in defense of a patent infringement action involving data compression technology in the Southern District of New York.

      • Representation of septic systems provider accused of infringing a patent for a filtering system in the sewage disposal industry. Obtained summary judgment of noninfringement in favor of our client.
      • Obtained summary judgment of non-infringement in the District of Delaware on behalf of a company providing a computer remote monitoring software application.

      • Obtained a favorable settlement in the defense of a patent infringement action in the District of Delaware involving a system for providing updated financial data to mobile devices in real time.

      • Handled a patent infringement case for personal and beauty care appliance manufacturer. Succeeded in having a number of the claims dropped, including the trademark infringement and false advertising claims.
      • Successfully defended a patent infringement action involving a method for securing masonry walls.
      • Successfully represented an employer in a patent ownership and inventorship dispute brought by former employees. Secured a prejudgment attachment against each of the individual plaintiffs, thereby leading to a favorable settlement.
      • Defended client in a copyright infringement case before the Southern District of New York. Successfully obtained summary judgment for the defendant in a copyright infringement action involving competing embryology textbooks.
      • Obtained summary judgment for a manufacturer of specialty pressure-sensitive, adhesive-coated films and foams in a patent infringement action based on a covenant not to sue in an asset purchase agreement. Also uncovered a terminal disclaimer covering a related patent that resulted in a six-figure refund of a prior license payment.

      • Representation of Imaginative Research Associates, a cosmetics and pharmaceutical research company, in an action brought to enforce intellectual property, noncompete, and confidentiality restrictions in a stock purchase agreement; defeated a motion for summary judgment and thereafter settled the action on favorable terms.

      • Obtained monetary judgment in favor of Columbus IT Partners US, Inc., a software developer/value-added reseller, after a five-day arbitration hearing in an action brought to enforce a contract concerning development and deployment of an enterprise software system before the American Arbitration Association.

      • Antitrust

      • Successfully prosecuted three attempts to monopolize cases against AT&T and the Bell System on behalf of over fifty central station alarm companies.
      • Successfully handled an attempt to monopolize case on behalf of the number two long distance telephone company on Guam against the market leader.
      • Successfully counseled a client and avoided an indictment in a Federal Trade Commission (FTC) price-fixing conspiracy investigation.

      • Involved as co-counsel in the successful defense of an attempt to monopolize claim brought against the leading provider of bar exam coursework in the Southern District of New York. 

      • Other Experience

      • Obtained summary judgment for GE Infrastructure Sensing Inc. in an action brought by a company alleging fraud, breach of contract and trade secret misappropriation arising from an alleged joint venture.

      • Obtained jury verdict on behalf of the sellers of a satellite technology company in a fraud action brought in federal court in Orlando.
      • Achieved a favorable settlement in a false advertising case brought on behalf of a client against a competitor. 

      • Successful representation of PNBK Holdings, LLC, a special purpose bank holding company formed to acquire a controlling interest in Patriot National Bancorp.
      • Obtained summary judgment for Fortune 500 company in defense of claims that client had a continuing obligation to provide access to its wastewater treatment facilities, fire suppression system and parking lot for plaintiff's use of an adjacent commercial property.

      • Successfully litigated Employee Stock Ownership Plan (ESOP) fraud class actions in federal court in Chicago and Orlando on behalf of employees of a major national trucking firm.
      • Won jury verdict in federal court in Boston on breach of contract case against Lufthansa Cargo.

      • Obtained a favorable verdict after a five-day arbitration hearing involving a breach of an operating agreement governing a joint venture to develop an inn.

      • back to top
      Brian Moran's Book
    • Professional Associations

      Professional Associations

      Connecticut Intellectual Property Law Association

      American Bar Association

      Association for Corporate Growth, Connecticut Chapter

      Janet Bond Arterton IP Inn of Court
    • Honors + Awards

      Honors + Awards

      Selected by his peers for inclusion in The Best Lawyers in America© in the areas of Commercial Litigation since 2013 and Litigation-Intellectual Property since 2012.

      Selected to the Connecticut Super Lawyers list in 2008.

      Bridgeport Reentry Collaborative, Urdang-Torres Community Impact Award, 3/27/2015

      Winner of the 2006 Gold CQIA Innovation Prize, awarded by the Connecticut Quality Improvement Award Partnership, Inc., for the Success Program

    • Community Involvement

      Community Involvement

      United Way
      Former Chairman

      New Canaan Community Foundation
      Former Board Member

      The Inner City Foundation
      Board Member (2015 - Present)

      The Malta Justice Initiative
      Board Member (2014 - Present)

      The Success Foundation
      Founder
  • NEWS + PRESS
    • Publications

      Publications

      "Fed. Circ. Leaves Room For Nonexpert Obviousness Opinions," published in Law360, co-authored with John L. Cordani (3/5/2020)
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      "Mock Trial Mediation: A More Effective and Cathartic Settlement Tool," co-authored with Wendy L. Hufford, senior vice president, general counsel, and corporate secretary of Ascena Retail Group, Inc., published in the ACC Docket (2/10/2020)
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      "When Trade Secrets or Confidential Business Information Are Stolen, Can You Recover Pre-Judgment Interest in Massachusetts?" co-authored with Julianna Charpentier, article featured in Robinson+Cole's IP+T Intelligence Newsletter (Q4 2019)

      "Designing Around a Patent as an Alternative to a License," co-authored with Benjamin C. Jensen, published on IPWatchdog.com (7/30/2019)
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      "Travel Sentry Inc. v. David Tropp, Beware Divided Infringement Liability," article featured in Robinson+Cole's Intelligence Newsletter (Q1 2018)

      "For Whom the Bill Trolls: Getting Your Legal Fees Paid by Patent Trolls," article featured in Robinson+Cole's Intelligence Newsletter (Q4 2017)

      The Justice Imperative: How Hyper-Incarceration Has Hijacked the American Dream (2014)

      The Executive's Antitrust Guide to Pricing: Understanding Implications of Typical Marketing, Distribution, and Pricing Practices, co-author (2013)

      e-Counsel: The Executive's Legal Guide to Electronic Commerce, co-author (2000)

      Merger Case Digest 1982 (1984)
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    • Presentations

      Presentations

      "Criminal Justice Reform," at a colloquium hosted by Sacred Heart University in Fairfield, Connecticut (4/10/2015)
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      "Criminal Justice & Corrections System in Connecticut: A Two-Part Series," featured speaker in the second program, sponsored by the Justice & Law Club of Western Connecticut State University in Danbury, Connecticut (4/1/2015)
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      "Malta Justice Initiative Legislative Breakfast Forum," at the State Capitol (3/26/2015)
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      "The Justice Imperative," part of a panel discussion on Focus on Connecticut, a News 12 Connecticut program (2/7/2015)
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      "America's Criminal Justice System," interviewed by the Legal Broadcasting Network's Scott Drake (1/16/2015)
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      "Rethinking hyperincarceration: a better way to handle non-violent criminals," interviewed on the WESU radio program Reasonably Catholic: Keeping the Faith (12/16/2014)
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      "U.S. Antitrust Compliance," at Fancy Foods Trade Show, New York City

    • News

      R+C in the News

      • March 6, 2020

        John Cordani and Brian Moran Author Article on Obviousness Published in Law360

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      • February 13, 2020

        Brian Moran Authors Mock Trial Mediation Article Published in ACC Docket

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      • July 31, 2019

        Brian Moran and Ben Jensen Co-Author Article on Designing Around a Patent as an Alternative to a License Published on IPWatchdog.com

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      • August 20, 2018

        52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

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      • October 27, 2015

        New York Times Publishes Brian Moran's Letter to the Editor

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      • May 14, 2015

        Robinson+Cole Succeeds in Obtaining Emergency TRO

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      • May 5, 2015

        Robinson+Cole Wins Patent Case in District of Delaware

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      • April 27, 2015

        Brian Moran Speaks on Prison Reform Throughout Connecticut

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      • April 7, 2015

        Brian Moran Receives Community Impact Award for The Justice Imperative

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      • February 6, 2015

        LBN Interviews Brian Moran on Justice Imperative

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      • January 9, 2015

        Brian Moran Discusses The Justice Imperative on WESU

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      • December 22, 2014

        Brian Moran's The Justice Imperative Receives Honorable Mention in TopTen Black Books of 2014

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      • November 20, 2014

        Brian Moran Authors Op-Ed About Connecticut Criminal Justice System

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      • October 24, 2013

        Brian Moran Co-Authors Antitrust Guide to Pricing

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      • January 4, 2010

        Robinson & Cole Partner Quoted on International Agreement to Bolster Intellectual Property Enforcement

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      R+C News Releases

      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

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      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

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      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

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      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • November 10, 2015

        Robinson+Cole Lawyer Receives CAPP 2015 Business Leadership Award

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • October 10, 2014

        The Justice Imperative Urges All Citizens to Rethink Our Criminal Justice System

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      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

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      • March 13, 2014

        Brian Moran Co-authors Antitrust Guidebook for Business Executives

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      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "IP+T: Intelligence Newsletter" co-authored with Maria A. Scungio and John L. Cordani (Q4 2020)

      "IP + T: Intelligence Newsletter" co-authored with Julianna M. Charpentier (Q4 2019)

      "IP+T Intelligence Newsletter" co-authored with Alaine C. Doolan (Q2 2019)

      "IP+T Intelligence Newsletter" co-authored with Jacqueline Pennino Scheib and Nuala E. Droney (Q1 2018)

      "IP+T Intelligence Newsletter" co-authored with Alaine C. Doolan (Q4 2017)