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Brian C. Carroll
Associate
Boston
Commercial litigator Brian Carroll represents corporate and individual clients in a substantial variety of complex commercial litigation, intellectual property litigation, and government investigations. He also handles general intellectual property and corporate matters ranging from patent opinions to advice on contracts and bidding procedures.
Intellectual property is a major focus of Brian's practice. He represents accused patent infringers, primarily in the areas of computer software and mechanical technologies, with reexamination requests and inter-partes reexamination proceedings at the U.S. Patent & Trademark Office. He also helps and also helps patent owners (particularly medical device manufacturers and software developers) enforce their patent and trademark rights. In addition to dispute resolution, Brian provides patent reviews and patentabilty opinions, including validity/invalidity, enforceability, and non-infringement opinions, related to a wide range of technologies.
Brian's other commercial litigation work includes defending clients accused of business crimes, including qui tam actions and allegations of Medicare and Medicaid fraud. He has assisted corporate clients with contract disputes and competitive bidding issues, and also has represented individual plaintiffs in employment, real estate, and contract disputes, medical malpractice actions, and personal injury claims.
There are also strong international and pro bono aspects to Brian's trial practice. He served on a prosecution team at the International Criminal Tribunal for the Former Yugoslavia (The Hague, Netherlands), prosecuting four Bosnian-Serb military commanders for atrocities committed after the fall of Srebrenica in 1995. Among other international disputes since then, Brian represented an individual and her young children seeking political asylum in the United States after fleeing from their home in the Democratic Republic of Congo. His pro bono experience also includes involvement in the firm's Domestic Violence Prevention Project, and assistance to low-income clients in housing and family law matters.
Bars and Court Admissions
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of Brian's experience and accomplishments:
Defended several pharmaceutical company sales representatives against federal and state allegations of Medicare and Medicare fraud
Defended an accused patent infringer in a matter involving a voice-recognition system for automated dialing of cellular telephones
Represented a large biotechnology research company in a contract action involving the failed development of several software applications
Defended a government contractor in Qui Tam action brought under the False Claims Act against allegations of improper pricing practices and the provision of unsafe products to United States Armed Forces
Represented a national construction hardware manufacturer in various matters, including review of local and state competitive public bidding laws
Defended accused patent infringer in a matter involving systems for processing Internet credit card and electronic check transactions at a merchant website
Helped patent owners enforce patents to medical device products, including prosthetic vascular grafts, hemodialysis catheters, and systems for semi-automated review of patient cytological specimens
Represented a software corporation in litigation to enforce trademark rights to organizational enterprise software
Provides patent reviews and opinions involving such technologies as Internet merchant website cataloging and sales activity tracking methods, digital video editing software, two-dimensional data matrix scanners, and chemical combinations
Defended an accused patent infringer in a matter involving mobile satellite dish television receiver systems
professional / civic involvement
American Bar Association, Member
Massachusetts Bar Association, Member
Boston Bar Association, Member
Participates in Citizen Schools after-school Mock Trial program with sixth-graders from the Wilson School
publications
"Beyond Cost-Shifting: Developing, Implementing and Defending your Company's Electronic Records Retention Policy," American Conference Institute (2003).
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