Brett Garrison
Senior Counsel
Services & Specializations
Admissions
District of Columbia;
New York;
Oregon;
US Court of Appeals, Federal Circuit
Address
1901 L Street NW, Suite 620, Washington, DC 20036
Office Tel.
619.906.5784
Overview
Brett is a patent litigator focused on Hatch-Waxman and ANDA litigation, with significant experience representing generic pharmaceutical companies in high-stakes district court proceedings. He has played key roles in multiple Hatch-Waxman trials and has secured wins at both the trial and appellate levels. Brett regularly handles matters involving complex, multi-patent disputes across a range of drug products, from inhalation therapies to ophthalmic and injectable formulations. His experience spans all phases of litigation, including early case strategy, dispositive motion practice, and trial. He has achieved favorable outcomes through both litigation and settlement, including dismissals following strong merits positions and post-trial resolutions. Brett’s background in chemistry further strengthens his ability to work effectively with scientific experts and develop persuasive technical arguments.
- Cosmo Techs. Ltd. v. Alvogen Pine Brook LLC, No.15-cv-193-LPS (D. Del). Represented Alvogen and prevailed at trial in patent infringement litigation relating to a generic budesonide drug product (Uceris®). The Federal Circuit affirmed the judgment.
- Otsuka Pharmaceutical Co., Ltd. v. Zydus Pharmaceuticals USA Inc., Nos. 14-cv-03158-JBS &14-cv-07252-JBS (D.N.J.). Represented Zydus and obtained denial of motion for temporary restraining order in patent infringement action relating to a generic aripiprazole drug product (Abilify®).
- Omeros Corp. v. Par Sterile Products, LLC, No. 15-cv-773-RGA (D. Del). Represented Par in litigation involving multiple patents directed to a generic ketorolac/phenylephrine drug product (Omidria®). Secured favorable settlement after three-day bench trial.
- Alcon Pharms. Ltd. v. Par Pharm. Inc., No. 15-cv-7240-PGS (D.N.J.). Represented Par in litigation involving multiple patents directed to a generic ciprofloxacin/dexamethasone drug product (Ciprodex®). Secured dismissal of case resulting in a favorable settlement for Par.
- Best Lawyers® Ones to Watch, Intellectual Property Law, Life Science Practice, and Litigation-Patent, 2024-2025
- Top 100 Attorney for Hatch-Waxman/ANDA Litigation, Patexia, 2024
- JD, cum laude, Washington University School of Law, 2014
- BA (Chemistry), New York University, 2009
- Co-author. “How Does Orange Book Delisting Affect Ongoing Hatch-Waxman Litigation?” April 27, 2026.
- Co-author. “Trial,” chapter in ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators, Fourth Edition, American Bar Association Intellectual Property Law Section, August 2025.
- Author. “3 Strategies to Manage Case Scope in ANDA Patent Litigation,” Law360, December 10, 2019.
- Author. “Facilitating Competition and Innovation Isn’t Easy: FDA’s Latest Hearing On Biologics,” FDLI, September 14, 2018.
- Author. “Obviousness Trends: Get the Edge,” Intellectual Property Magazine, June 2015.
- American Bar Association, Intellectual Property Law Section
- American Intellectual Property Law Association
- Keckley, Andrea. “Fed. Circ. Won’t Pause Teva Patent Delisting For Appeal,” Law360, March 10, 2025.
- Eslinger, Bonnie. “Full Fed. Circ. Won’t Take On Teva’s Orange Book Appeal,” Law360, March 3, 2025.
- Davis, Ryan. “Fed. Circ. Says Teva Inhaler Patents Can’t Be In Orange Book,” Law360, December 20, 2024.
- Mehta, Rani. “Behind the case: How Procopio secured life sciences PTAB win,” Managing IP, July 30, 2024.
- Rodgers, Jack. “Procopio Expands IP Practice In DC With Ex-Axinn Attorney,” Law360, December 20, 2022.
