For over 20 years, Brian S. Mudge has assisted 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 & 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.
Mr. Mudge has handled a wide variety of disputes involving Intellectual Property. Cases in which Mr. Mudge has worked include Zimmer v. CooperNeff Advisors, Inc., No. 04-CV-3816 (E.D. Pa. 2004), in which he helped a hedge fund company overturn a TRO and defeat a preliminary injunction motion in a case involving copyrights and trade secrets; Sightsound.com, Inc. v. N2K, Inc., 185 F. Supp.2d 445 (W.D. Pa. 2002) and 391 F. Supp.2d 321 (W.D. Pa. 2003), in which he helped a patent owner successfully enforce its patents covering music downloading; America Online, Inc. v. AT&T Corp., 64 F. Supp.2d 549 (E.D. Va. 1999), in which he helped AT&T successfully defend against trademark infringement claims by winning a ruling on summary judgment that “you have mail” is generic; and Philadelphia Orchestra Assn. v. Walt Disney Co., 821 F. Supp. 341 (E.D. Pa. 1993), where he helped Disney successfully defend against summary judgment while obtaining a finding that the motion picture “Fantasia” was a work for hire and not a work of joint authorship.
Prior to entering the legal profession, Mr. Mudge was employed with RCA Corporation, where he was involved in research and development of image processing technology and commercial broadcast television products. He was also a technical instructor for RCA’s Continuing Education Program.
Mr. Mudge has spoken on numerous occasions about emerging IP issues as they relate to the Internet and Information Technology, and has often been requested by the media to comment upon noteworthy intellectual property cases.
- America Online, Inc. v. AT&T Corp. (E.D. Va.) (represented AT&T)
- D. E. Shaw & Co., LP v. Razor Investment Management, LLP (S.D.N.Y.) (represented D. E. Shaw & Co.)
- Delphine Software Int’l, SARL v. Electronic Arts, Inc. (S.D.N.Y.) (represented Electronic Arts)
- Pearson v. Mangano (W.D. Tenn.) (represented Home Shopping Network, Ingenious Designs and Joy Mangano)
- Philadelphia Orchestra Assn. v. Walt Disney Co. (E.D. Pa.) (represented Disney)
- Sightsound.com, Inc. v. N2K, Inc. (W.D. Pa.) (represented Sightsound)
- Zimmer v. CooperNeff Advisors, Inc. (E.D. Pa.) (represented BNP Paribas and CooperNeff Advisors)