Brian Mudge assists clients with a broad variety of intellectual property litigation, acquisition and counseling matters concerning patents, trademarks, copyrights and trade secrets. He has provided opinions regarding the scope and validity of patents and trademarks, has defended against claims of infringement of intellectual property rights, and has assisted clients in evaluating, acquiring and enforcing patent portfolios. He has prosecuted patent applications and has handled patent reexamination and reissue proceedings before the U.S. Patent and Trademark Office. He has counseled clients in trademark selection, assisted clients in protecting works of authorship, and assisted in the protection and licensing of proprietary technology. 

Mr. Mudge has experience in a wide variety of business and technology sectors, including Internet and information technology, e-commerce, computer hardware and software, telecommunications, image and signal processing, Internet advertising, financial services, interactive entertainment, chemically-sensitive semiconductors, and DNA sequencing hardware and software. His experience also includes entertainment law issues involving motion picture, music and publicity rights and new uses.

Prior to becoming a lawyer, Mr. Mudge worked for RCA Corporation, where he was involved in research and development of image processing technology and commercial broadcast television products. 

Representative Experience

  • AT&T in which he successfully defended client against trademark infringement claims by winning a ruling on summary judgment that “you have mail” is generic. America Online v. AT&T (E.D.V.A.)

  • D. E. Shaw & Co. in D. E. Shaw & Co. v. Razor Investment Management (S.D.N.Y.)  

  • Electronic Arts in Delphine Software Int’l, SARL v. Electronic Arts (S.D.N.Y.) 

  • Home Shopping Network, Ingenious Designs and Joy Mangano in Pearson v. Mangano (W.D. Tenn.) 

  • Disney in which he successfully defended against summary judgment while obtaining a finding that the motion picture “Fantasia” was a work for hire and not a work of joint authorship. Philadelphia Orchestra Assn. v. Walt Disney Co. (E.D. Pa.) 

  • Sightsound in which he helped a patent owner successfully enforce its patents covering music downloading. Sightsound.com v. N2K (W.D. Pa.)

  • BNP Paribas and CooperNeff Advisors in which he helped overturn a TRO and defeat a preliminary injunction motion in a case involving copyrights and trade secrets. Zimmer v. CooperNeff Advisors (E.D. Pa.)

Select Publications

  • “Covered Business Method Patents: One Year On,” Intellectual Property Magazine, January 2014.

  • Commil USA v. Cisco: Expanding Defenses to Inducing Infringement, IP Strategist, December 2013.

  • “A Madness to the Method,” IP Strategist, August 2010.
Representative Matters
  • AT&T in which he successfully defended client against trademark infringement claims by winning a ruling on summary judgment that “you have mail” is generic. America Online v. AT&T (E.D.V.A.)
  • D. E. Shaw & Co. in D. E. Shaw & Co. v. Razor Investment Management (S.D.N.Y.)  
  • Electronic Arts in Delphine Software Int’l, SARL v. Electronic Arts (S.D.N.Y.) 
  • Home Shopping Network, Ingenious Designs and Joy Mangano in Pearson v. Mangano (W.D. Tenn.) 
  • Disney in which he successfully defended against summary judgment while obtaining a finding that the motion picture “Fantasia” was a work for hire and not a work of joint authorship. Philadelphia Orchestra Assn. v. Walt Disney Co. (E.D. Pa.) 
Bar and Court Admissions
  • District of Columbia
  • New Jersey
  • Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. Court of Appeals for the Federal Circuit
  • Registered Patent Attorney: U.S. Patent and Trademark Office
Professional Organizations
  • American Bar Association
  • American Intellectual Property Law Association