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  1. Professionals

Brian Nisbet

Partner

Chicago

+1 312-558-3254

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  • Overview
  • Experience
  • Credentials
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Brian Nisbet is a trial lawyer and intellectual property litigator who represents companies in high-stakes patent, trade secret, and complex commercial disputes, from early strategy through trial and appeal.

With an emphasis on intellectual property litigation, Brian is a seasoned trial lawyer trusted with companies’ most consequential disputes. He brings deep courtroom experience, strategic judgment, and a calm, disciplined approach to high-stakes litigation, serving as both a forceful advocate at trial and a practical counselor long before a jury is seated.

Brian has tried numerous cases to verdict before juries and judges in state and federal courts across the country, allowing him to tailor advocacy strategies to the forum, the factfinder, and the business realities at stake. He has served as lead or key trial counsel in many high-stakes matters, including:

  • Securing jury verdicts exceeding $30 million, $40 million, $94 million, and $104 million in patent infringement, breach of contract, and trade secret misappropriation cases.
  • Defending companies and executives in nine-figure patent infringement, breach of contract, unfair competition, and breach of fiduciary-duty trials.
  • Achieving rare defense verdicts in high-profile patent litigation, including Hatch-Waxman matters involving blockbuster, billion-dollar pharmaceutical products.
  • Successfully trying cases involving cutting-edge technologies, from innovative medical devices and pharmaceuticals to fracking.

Clients turn to Brian not only for his courtroom skill, but for his sound judgment under pressure. He is known for helping clients navigate litigation risk thoughtfully. He identifies when to press forward aggressively, when to narrow issues, and when resolution better serves long-term business objectives.



Key Matters

Trial Experience
  •  Successfully represented surgeon in jury trial resulting in over $40 million in damages for breach of contract.
  • Successfully defended CEO of publicly traded company in bench trial against claim of breach of fiduciary duty.
  • Successfully defended medical device manufacturer in bench trial seeking US$48M in damages for alleged tortious interference of contract and unfair competition.
  •  Successfully defended medical device manufacturer in jury trial seeking US$48M in damages for alleged tortious interference of contract and unfair competition.
  •  Successfully defended client in jury trial seeking $30M in damages for alleged patent infringement concerning spine medical devices.
  •  Successfully defended client in jury trial seeking $50M in damages for alleged patent infringement concerning fracking technology.
  • Successfully represented software company in jury trial in trade secret misappropriation case that resulted in favorable verdict of $104M in damages. 
  • Successfully defended drug company in jury trial seeking US$41M in damages for alleged patent infringement.
  • Successfully represented drug company in jury trial in breach of contract case that resulted in a favorable, record- breaking verdict of US$94M in damages.
  • Successfully represented artificial turf company in jury trial in patent infringement case against main competitor that resulted in a favorable, record-breaking verdict of US$30M in damages.
  • Successfully represented drug company in significant bench trial victory for alleged patent infringement related to generic version of the drug product NuvaRing®.
  • Successfully represented drug company in significant bench trial victory for alleged patent infringement related to a generic version of the drug Testim®.
  • Successfully represented drug company in significant bench trial victory for alleged patent infringement related to a generic version of the drug Travatan Z®.
COMMERCIAL, MECHANICAL, AND HIGH-TECH PATENT EXPERIENCE
  • Represented leading medical device company in a patent infringement case involving incontinence devices.
  • Represented a leading cable and telecommunications company in a patent infringement case concerning home security and monitoring products.
  •  Represented a leading cable and telecommunications company in a patent infringement case concerning Voice Over Internet Protocol (VoIP) technology.
  • Represented a leading railcar manufacturer in a patent infringement case concerning the design of gondola railcars.
  • Represented a leading turf manufacturer in a patent infringement case concerning the design and installation of artificial turf.
  • Represented a leading medical device company in patent infringement cases concerning spinal implant and related medical devices.
  • Represented a leading fracking company in patent infringement case concerning fracking technology.
  • Defended a leading airplane manufacturer in wrongful death cases.
  • Defended a leading news organization in highly publicized defamation case.
  • Defended a leading private packaged foods company in a class action alleging violations of the securities laws.
  • Defended drug company in case alleging negligence involving the death of a patient in a clinical trial.
  • Defended front loading washing machine manufacturer in class action alleging design defect and consumer fraud.
  • Defended protein shake and nutrition bars manufacturer in state and federal class actions alleging consumer fraud.
COMPLEX COMMERCIAL LITIGATION EXPERIENCE
  • Defended a leading airplane manufacturer in wrongful death cases.
  • Defended a leading news organization in highly publicized defamation case.
Recent Experience
Winston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
NuVasive's Claims Dismissed: Alphatec Spine Wins Jury Verdict
Winston Defeats Halliburton Patent-Infringement Lawsuit Over Electric Fracking Technology at Trial in Waco
Secured Settlement for Fox on Brink of Trial in High-Profile Defamation Litigation Brought by US Dominion Voting Systems
Secured Nearly US$105M Trial Victory Against Ford Motor Co.
Rare Noninfringement Jury Verdict for Teva N.A. in Patent Infringement Case for Suboxone® Tablets

Brian has been recognized multiple times as a Super Lawyers “Rising Star” for Intellectual Property Litigation and has been involved in some of the firm’s most prominent trial victories nationwide.

Brian helped exonerate and secure the release of a client who had been wrongfully convicted of first-degree murder and imprisoned for 15 years in the Illinois Department of Corrections. The case received significant media attention in the Chicago Tribune and other outlets, as being one of the very few exonerations to occur without exclusionary DNA evidence. 

Capabilities

Intellectual Property
Litigation/Trials
Patent Litigation
Commercial Litigation & Disputes
Public Companies
Medical Devices
Life Sciences
Technology, Media & Telecommunications

Key Matters

Trial Experience
  •  Successfully represented surgeon in jury trial resulting in over $40 million in damages for breach of contract.
  • Successfully defended CEO of publicly traded company in bench trial against claim of breach of fiduciary duty.
  • Successfully defended medical device manufacturer in bench trial seeking US$48M in damages for alleged tortious interference of contract and unfair competition.
  •  Successfully defended medical device manufacturer in jury trial seeking US$48M in damages for alleged tortious interference of contract and unfair competition.
  •  Successfully defended client in jury trial seeking $30M in damages for alleged patent infringement concerning spine medical devices.
  •  Successfully defended client in jury trial seeking $50M in damages for alleged patent infringement concerning fracking technology.
  • Successfully represented software company in jury trial in trade secret misappropriation case that resulted in favorable verdict of $104M in damages. 
  • Successfully defended drug company in jury trial seeking US$41M in damages for alleged patent infringement.
  • Successfully represented drug company in jury trial in breach of contract case that resulted in a favorable, record- breaking verdict of US$94M in damages.
  • Successfully represented artificial turf company in jury trial in patent infringement case against main competitor that resulted in a favorable, record-breaking verdict of US$30M in damages.
  • Successfully represented drug company in significant bench trial victory for alleged patent infringement related to generic version of the drug product NuvaRing®.
  • Successfully represented drug company in significant bench trial victory for alleged patent infringement related to a generic version of the drug Testim®.
  • Successfully represented drug company in significant bench trial victory for alleged patent infringement related to a generic version of the drug Travatan Z®.
COMMERCIAL, MECHANICAL, AND HIGH-TECH PATENT EXPERIENCE
  • Represented leading medical device company in a patent infringement case involving incontinence devices.
  • Represented a leading cable and telecommunications company in a patent infringement case concerning home security and monitoring products.
  •  Represented a leading cable and telecommunications company in a patent infringement case concerning Voice Over Internet Protocol (VoIP) technology.
  • Represented a leading railcar manufacturer in a patent infringement case concerning the design of gondola railcars.
  • Represented a leading turf manufacturer in a patent infringement case concerning the design and installation of artificial turf.
  • Represented a leading medical device company in patent infringement cases concerning spinal implant and related medical devices.
  • Represented a leading fracking company in patent infringement case concerning fracking technology.
  • Defended a leading airplane manufacturer in wrongful death cases.
  • Defended a leading news organization in highly publicized defamation case.
  • Defended a leading private packaged foods company in a class action alleging violations of the securities laws.
  • Defended drug company in case alleging negligence involving the death of a patient in a clinical trial.
  • Defended front loading washing machine manufacturer in class action alleging design defect and consumer fraud.
  • Defended protein shake and nutrition bars manufacturer in state and federal class actions alleging consumer fraud.
COMPLEX COMMERCIAL LITIGATION EXPERIENCE
  • Defended a leading airplane manufacturer in wrongful death cases.
  • Defended a leading news organization in highly publicized defamation case.
Recent Experience
Winston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
NuVasive's Claims Dismissed: Alphatec Spine Wins Jury Verdict
Winston Defeats Halliburton Patent-Infringement Lawsuit Over Electric Fracking Technology at Trial in Waco
Secured Settlement for Fox on Brink of Trial in High-Profile Defamation Litigation Brought by US Dominion Voting Systems
Secured Nearly US$105M Trial Victory Against Ford Motor Co.
Rare Noninfringement Jury Verdict for Teva N.A. in Patent Infringement Case for Suboxone® Tablets

Credentials

Education

Brian received his J.D., cum laude, from Northwestern University School of Law in 2009, where he served on and was published in the Journal of Criminal Law and Criminology. He received his B.A. and BBA, cum laude, from the University of Notre Dame in 2005.

 

    Admissions
    • Illinois

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    Capabilities

    Intellectual Property
    Litigation/Trials
    Patent Litigation
    Commercial Litigation & Disputes
    Public Companies
    Medical Devices
    Life Sciences
    Technology, Media & Telecommunications
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