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Brian R. Lemon
Alternate image for Brian R. Lemon

Brian R. Lemon

Partner

302.984.6374
Wilmington
blemon@mccarter.com

A litigator with a scientific background, clients value the technical insight Brian brings to his national practice.

Brian R. Lemon, a trial lawyer, has litigated a variety of commercial cases in courts across the country.  He has represented clients ranging from multinational corporations to small local companies in IP disputes involving specialty chemicals, life sciences, personal care, mechanical devices, pharmaceuticals, and consumer products. Brian is also experienced in litigating for corporations and alternative business entities in complex commercial and corporate matters.

Prior to becoming a lawyer, Brian was a research scientist for the United States Navy. His research focused on acoustics and laser vibrometry.

Representative Matters

Former LLC officers and entity affiliates—Delaware Chancery Court advancement case win

International Rail Partners LLC et al. v. American Rail Partners LLC. Represented former LLC officers and their entity affiliates in an advancement action, demanding coverage for defense costs for a parallel breach of contract case in which adverse party American Rail alleged that the officers and entities breached their contract duties to properly manage American Rail pursuant to a certain management agreement. We won dismissal of the underlying contract action in August 2020 and In November 2020, the Court ruled that American Rail must advance the attorney fees incurred by our client. The advancement case is notable as it litigated a novel theory of exclusion of indemnification for first-party litigation under the Delaware LLC Act.

Medical equipment manufacturer—ITC investigation

Served as lead counsel for a medical equipment manufacturer in an ITC investigation in connection with a patent for micro-needle dermatological treatment devices and components.

Medical equipment manufacturer—Patent litigation

Prevailed on summary judgment of invalidity for a New Jersey medical device manufacturer and its international distributor on over forty-five patent claims asserted against it by its chief rival in the Southern District of California.

Lighting fixture manufacturer—Patent litigation

Served as lead counsel for a lighting fixture manufacturer in a patent litigation in the Southern District of  New York.

Software—Copyright litigation

Secured payment of attorneys’ fees for discovery in an ongoing copyright infringement lawsuit in the District of Delaware.

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Services

Intellectual Property
IP Litigation
Business Litigation
Delaware Corporate, LLC & Partnership Law

Education

George Mason University School of Law JD, 2005
University of Central Arkansas BS Physics, 2000

Bar Admissions

Delaware
U.S. Patent & Trademark Office

Court Admissions

U.S. Court of AppealsFederal CircuitU.S. District CourtDistrict of Delaware

Memberships & Affiliations

Federal Circuit Bar Association
Delaware State Bar Association

Insights News Open Stack
News
Rail Road Operator’s Fees Must Be Covered, Chancery Says
Law360
11.24.2020
Insights Awards Top Stars
News|Press
McCarter Promotes 9 to Partnership in 5 Offices
McCarter Press Release
4.18.2017
Insights Speaking Microphone
Events|Speaking Engagement
Intellectual Property Litigation: Recent Developments and Cost Saving Tips
ACC Greater Philadelphia/Delaware Valley 7th Annual In-House Counsel Conference
4.21.2015
Insights News Headline Stack
Publications|Article
Tips for Trying Your 1st Patent Infringement Case
Law360
3.13.2015
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