Barry Bretschneider is a partner in the Northern Virginia office of Morrison & Foerster. His practice is concentrated in patent infringement litigation in the district courts and before the International Trade Commission, patent interferences, patent licensing and related transactional work, patent prosecution and trademark litigation and prosecution. He represents U.S. and foreign corporations, and his clients cover a wide range of industries, including the space age materials, electronics, polymer, composite materials, and automotive industries, among many others.

For the last four years, Mr. Bretschneider has been named a Leading Lawyer in intellectual property in the Chambers USA Guide to America’s Leading Business Lawyers put out by Chamber & Partners Publishing. He is listed as one of the world’s leading practitioners in Trademark law in the Who’s Who Legal USA: Trademarks 2006 published by Law Business Research Ltd. He is also listed as a top intellectual property lawyer in the Law & Politics publication, Virginia Super Lawyers (2006) and in Washingtonian magazine (2007).

Mr. Bretschneider was formerly a principal in the Washington, D.C. office of Fish & Richardson P.C. Prior to that, Mr. Bretschneider founded his own law firm, Wegner & Bretschneider, in 1980, with Harold Wegner, currently a professor in the intellectual property program at George Washington University. Mr. Bretschneider served as a technical advisor to the Honorable Giles S. Rich, Judge of the U.S. Court of Customs and Patent Appeals. He also served as trial counsel for the Department of the Navy, Contract Appeals Division.

Mr. Bretschneider has taught classes in patent law, federal civil procedure, and federal jurisdiction as a visiting professor of law at George Washington University national Law Center, and has chaired the Education and Interference Committees of the American Intellectual Property Law Association. He is also a regular lecturer on patent interference practice and international patent litigation at the summer program of the Center for Advanced Study and Research in Intellectual Property of the University of Washington Law School. He is the co-author of “How to win interferences at the USPTO,” which appeared in the February 2005 issue of Managing Intellectual Property.

Mr. Bretschneider received his A.B. degree from Princeton University, his J.D., with distinction, from the University of Iowa College of Law, and his LL.M. from the George Washington University National Law Center.

Representative Matters:

• Rohr v. McNulty: Successfully represented Johnson & Johnson affiliate DePuy Orthopaedics against Zimmer, Inc., in a patent interference relating to ultra high molecular weight polyethylene bearing materials for replacement knees and hips. After a decision of the PTO Board of Patent Appeals and Interferences in DePuy's favor, all of Zimmer's patent claims were canceled and DePuy Orthopaedics emerged with a patent covering its technology.
• Correa v. Roberts: Successfully represented Johnson & Johnson Consumer Products Co. in a patent interference against Procter & Gamble relating to feminine hygiene products. The decision of the PTO Board of Patent Appeals and Interferences holding all of Procter & Gamble's claims to be unpatentable was summarily affirmed by the Federal Circuit.
• Barry Fiala, Inc. v. Arthur Blank & Co.; Barry Fiala, Inc. v. Card USA, Inc.; Barry Fiala, Inc. v. Stored Value Systems, Inc.; Taylor Corp. v. Barry Fiala, Inc.: We represent Barry Fiala, Inc., a manufacturer of paper products, in a group of patent infringement actions and licensing disputes in the Western District of Tennessee and the District of Minnesota relating to Fiala's patent on its method of activating card-package combinations (often seen as gift cards or telephone cards) at the point of sale.
• Witold A. Ziarno v. The American National Red Cross: Successfully represented The American National Red Cross in a jury trial in the Northern District of Illinois, Eastern Division. The case alleged that the Red Cross's charitable fundraising for disaster relief via the Internet infringed one of Mr. Ziarno's patents. The patent related to an electronic offering plate that permits a person at a religious service to make a donation. The decision invalidating Mr. Ziarno's patent was upheld on appeal to the Federal Circuit.