Firm Profile

Brendan M. O'Malley, Ph.D.Brendan M. O'Malley, Ph.D.Partner, New York

Professional Experience

Brendan O’Malley has experience in all aspects of intellectual property law. Dr. O’Malley represents clients in a broad range of pharmaceutical and biotechnology cases including litigations at the district court level through trial and before the Federal Circuit on appeal, as well as Inter Partes Review proceedings before the USPTO’s Patent Trial and Appeal Board. Dr. O’Malley also represents clients in international arbitration proceedings and counsels clients on complex IP issues and in connection with mergers and acquisitions, particularly in the areas of biotechnology and pharmaceuticals. Dr. O’Malley is a member of the firm’s Biotechnology, Chemicals, and Pharmaceuticals practice groups.

While in law school, Dr. O’Malley served as an intern to Judge William H. Pauley III in the United States District Court for the Southern District of New York. Prior to law school, he earned a Ph.D. in Molecular Biology and Microbiology from Tufts University School of Medicine in Boston, where he studied the role of protein-protein interactions in hepatitis virus assembly.


J.D., Benjamin N. Cardozo School of Law, 2007
Ph.D., Tufts University School of Medicine, Molecular Biology and Microbiology, 2004
B.S., General Biology, magna cum laude, University of Massachusetts, 1994

Bar Admissions

United States Court of Appeals for the Federal Circuit, 2012; United States Patent & Trademark Office, 2009; United States District Courts for the Southern and Eastern Districts of New York, 2008; State of New York, 2008; Commonwealth of Massachusetts, 2007

Professional Activities

New York Intellectual Property Law Association


PTAB’s Implementation of the “Interest of Justice” Standard Creates a High Bar for Additional Discovery in IPRs, in Managing Intellectual Property, May 2014 (with Jason Okun).

The Complaint in Patent Litigation Strategies Handbook, Third Edition, Bloomberg BNA, 2012-14 (with William E. Solander).

Roles of carboxyl-terminal and farnesylated residues in the functions of the large hepatitis delta antigen,
Journal of Virology, Jan. 2005.

A heptatitis B surface antigen mutant that lacks the antigenic loop region can self-assemble and interact with the large hepatitis delta antigen,
Journal of Virology, Oct. 2002.


Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc.
Fitzpatrick Case Update
December 10, 2015
High bar for additional discovery in IPRs
Managing Intellectual Property
May 2014


Fitzpatrick, Cella, Harper & Scinto LLP Names Three New Partners
January 8, 2016