Brian Larivee is a trial lawyer with more than 15 years of experience co-leading bet-the-company patent and intellectual property litigation, particularly for biotechnology, pharmaceutical and medical device companies. He brings a global perspective to patent litigation strategy, shaped by his work navigating complex cross-border disputes both as outside and in-house counsel for multinational biotech companies.

He advises C-suite executives and boards on how patent litigation intersects with business imperatives in the life sciences sector. In the U.S., Brian has led high-profile litigation campaigns — including Hatch-Waxman and BPCIA matters — before federal district courts, the International Trade Commission, U.S. Patent and Trademark Office, the Federal Circuit and the U.S. Supreme Court. His international patent litigation experience spans European Patent Office oppositions and enforcement of biopharmaceutical patents in dozens of foreign jurisdictions, from Estonia to Australia.

Earlier in his career, Brian spent five years leading in-house litigation for both emerging companies and Fortune 500 biotechnology companies. He developed global litigation, licensing and freedom-to-operate strategies involving gene sequencing, computational biology and diagnostic software, small molecule pharmaceuticals, biologics and biosimilars.

Beyond the life sciences industry, Brian has also litigated complex IP disputes involving smartphones, semiconductors and software.

Education

  • Boston University (J.D., cum laude, 2008)
    • Amherst College (B.A., magna cum laude, 2001)

      Bar Admission

      • Massachusetts

      Court Admissions

      • U.S. District Court, District of Massachusetts
      • U.S. Court of Appeals, Federal Circuit

      Professional Affiliations

      • Boston Bar Association 
      Publications
      All Publications
      Could European Courts Soon Be Litigating and Enforcing U.S. Patents?
      Key Takeaways European courts test jurisdiction over U.S. patents for the first time. Onesta IP, LLC, a patent assertion entity, has asserted two U.S. patents against BMW in a court in Munich, Germany following a decision by the Court of Justice for the European Union that expands the ability of European courts to hear disputes involving other countries’ patents. Foreign enforcement could reshape litigation strategy and leverage. Differences in how European courts approach injunctions may create new incentives for patent owners to test enforcement outside the U.S. U.S. courts may resist, but enforcement risk is far from resolved. The outcome of the dispute is uncertain, but the dispute raises legal and policy issues with major implications for businesses that locate portions of their
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      New FDA Guidance Could Speed Biosimilar Approvals and Cut Costs
      Key Takeaways: The FDA released draft guidance indicating it may approve certain biosimilars without requiring a comparative efficacy study (CES), traditionally a costly and time-intensive step. Instead, advances in analytical technologies may allow comparative analytical assessments (CAA) and pharmacokinetic data to demonstrate biosimilarity — potentially saving years and millions in development. Biosimilar developers should expect case-by-case evaluations, as the draft offers no hard rules on when CES will be waived. Developers are encouraged to consult the FDA early to understand evidentiary expectations and to monitor potential legal challenges from both originators and competitors. On Oct. 29, 2025, the FDA announced1 draft guidance on how it will assess biosimilar medicines. The 2025 Draft Guidance2 is intended to reduce the time and expense necessary to bring a biosimilar
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