D. Brian Shortell, PhD


Tel 678.420.9446
Fax 678.420.9301

D. Brian Shortell leads the chemical and pharmaceutical practice team, and is a member of the mechanical technologies team, in the Patents Group. Brian concentrates on patent prosecution, client counseling, and opinion work, and intellectual property litigation. He also has significant experience in reexamination and due diligence matters. Recently, he was called upon as a subject matter expert for chemistry and patent law in an arbitration regarding hydrogen fuel cell technology.

Brian is a registered patent attorney. His technical experience encompasses industrial chemical research and postdoctoral chemical research, which focused on organic synthesis, polymer synthesis and characterization, molecular electronics, nanotechnology, and the synthesis and characterization of novel chiral atropisomers. His experience also includes academic grant writing and teaching chemistry at the undergraduate level. He has published several articles and papers in both legal and chemical literature.

Professional Activities

Adjunct Professor of Law, Emory University, Patent Practice and Procedures, 2016-present

Adjunct Professor of Law, Mercer University School of Law, Patent Law & Litigation, and Patent Drafting and Prosecution, 2010-2013

Adjunct Professor of Law, Georgia State University College of Law, Patent Drafting and Prosecution, 2008-present

Atlanta Intellectual Property American Inn of Court, Founding Member and, Master of the Bench, May 2010-present

IPO Committee, Pharmaceutical & Biotechnology Issues


Acknowledged by the authors of "Metabotropic Glutamate Receptor 5-Positive Allosteric Modulators for the Treatment of Schizophrenia (2004–2012)," appearing in Patent Review, 2013 2(1)

Co-author, "Court Revamps Patent Inequitable Conduct," Ballard Spahr legal alert, May 31, 2011

Co-author, "Court of Appeals of the Federal Circuit Hands Down Decision on USPTO New Rules," Ballard Spahr legal alert, March 24, 2009

Speaking Engagements

"Patent Prosecution Roundtable," Atlanta Bar Association, Intellectual Property SpringPosium 2016, Adairsville, Ga., April 15, 2016 

"Patent Eligibility in 2015," Atlanta Bar Association, Intellectual Property SpringPosium 2015, Adairsville, Ga., April 11, 2015 

"Subject Matter Eligibility after Myriad & CLS Bank; Non-Practicing Entity Reform," Atlanta Bar Association, Intellectual Property SpringPosium 2014, Adairsville, Ga., April 11, 2014

"Chemical Inventorship," 2013 Southeast Regional Meeting of the American Chemical Society, November 13, 2013

"Patent Eligibility for Life Science Inventions," Academic Drug Discovery Consortium, October 10, 2013 

"Hot Topics and Current Events in Chemical Patent Law," American Chemical Society, Georgia Section, March 20, 2012

Atlanta Bar Chair, Seventh Annual SpringPosium IP CLE Conference, Atlanta Bar Association IP Section and Georgia State University College of Law, April 29, 2011

Moderator and speaker, "Patent Litigation for Universities," Association of University Technology Managers 2010 National Meeting, February 2010

Guest lecturer, Emory University School of Law and Georgia State University College of Law, Patent Law, 2005-2010

Board Memberships

Atlanta Bar Association, Intellectual Property Section, Board of Directors (Chair, 2011-2012; Vice Chair, 2010-2011; Secretary/Treasurer, 2009-2010; Member-at-Large, 2007-2009)

University of South Carolina School of Law (J.D. 2002)
Member, South Carolina Law Review; Member, Moot Court Bar; Officer, Intellectual Property Law Society

University of South Carolina (Ph.D. 1999, organic chemistry)

University of South Carolina at Spartanburg (B.S. 1993, chemistry)


U.S. District Court for the Northern District of Georgia

U.S. District Court for the Middle District of Georgia

U.S. Patent and Trademark Office