Brian has over twenty-six years of legal experience in the fields of patent litigation, commercial litigation, licensing, and proceedings before the Patent Office.  In addition to the Eastern and Northern Districts of Texas, Brian has been significantly involved as trial counsel in many patent cases in jurisdictions throughout the country, including the D. Delaware, N.D. California, D. Colorado, D. Utah, S.D. Florida, E.D. Michigan, and D. Massachusetts. These cases have involved technologies ranging from complex digital electronics and computer architectures to less complex mechanical devices.  

 

            For example, Brian successfully resolved numerous patent litigations, including a jury trial, with positive results for VIA Technologies, Inc., a chipset and microprocessor manufacturer.  Over a period of seven years, Brian represented Brookstone in a variety of intellectual property matters, including the negotiation of a creative solution to end multiple litigations between Brookstone and Sharper Image.  Brian represented Gateway, Inc. through trial in the District of Utah in a case concerning an Input/Output controller chip.  Brian successfully resolved numerous patent litigation matters for StoneAge, Inc., an employee-owned company that manufacturers rotary hydraulic tools.  In 2000, Brian negotiated a creative three-party agreement that resolved over ten years of litigation in favor of his client and patent owner, Fischer Imaging Corp., a manufacturer of medical imaging devices, which received $32 million.  Examples of other representations are shown below, which are only a small portion of the at least four hundred cases in which Brian has appeared.  

 

            As a result of these representations, Brian has extensive technical knowledge of a broad range of technologies.  Examples of these technologies include computer chips and architectures, semiconductor manufacturing, networking devices and protocols (the 802.x family, TCP/IP, Bluetooth), telecommunications systems (3G and 4G/LTE), materials (metallurgy and polymers), data storage, gas turbines, robotics, cameras and medical imaging technologies, high voltage power transmission, electronic packaging, satellite set-top box TV receivers, and GPS devices. 

 

            In addition to patent litigation, Brian has handled numerous other types of commercial disputes involving all forms of IP, including copyrights and trademarks, as well as business litigation cases involving breach of contract, antitrust, trade secret, unfair competition and other business torts.  Recently, Brian became a Certified Information Privacy Professional (“CIPP”) through the International Association of Privacy Professionals (“IAPP”), and offers advice to clients regarding cybersecurity and privacy issues. 

 

Transactional experience includes licensing, patent prosecution, post-grant proceedings, and assisting corporate attorneys in performing IP due diligence in connection with mergers and acquisitions.

 

            Prior to his legal career, Brian practiced engineering at Southwest Research Institute where he designed a robotic arm and related tools to perform maintenance on high voltage power lines, packaging for an automotive computer system, and an undersea fiber optic cable for use in off-shore drilling.  Brian also interned at IBM and Texas Instruments where he supported robotic manufacturing lines for electronic circuit boards.
Education
J.D., with honors, The University of Texas School of Law.

B.S. Mechanical Engineering, summa cum laude, Texas A&M University.

Court Admissions
Texas, 1991; Colorado, 1995 California, 2009

U.S. Patent and Trademark Office, 1993

Numerous U.S. District Courts, including but not limited to the District of Colorado, the Eastern District of Texas, the Northern District of Texas, the Western District of Texas, the Eastern District of Michigan, the Central District of California, the Northern District of California, and the Southern District of California

U.S. Court of Appeals for the Federal Circuit, Fifth Circuit, and Tenth Circuit

Representative Matters
  • Representing Advanced Media Networks, LLC, a privately held operating company, in lawsuits in the N.D Texas and D. Delaware to enforce its patent against AT&T, Verizon, T-Mobile, Sprint, U.S. Cellular, Chrysler, and Audi.  The patent concerns a mobile hub station that transfers information between a telecommunications network and a local area network using the Internet Protocol.  Prepared briefs in connection with several IPRs filed by defendants. See IPR2016-00347; 00349 (institution was denied as to the asserted claims); IPR2016-01253; 01255 (dismissed after briefing but before decision on institution).  Appeal pending following adverse MSJ ruling in the N.D. Texas.
  • Representing patent owner in lawsuit against Apple involving claims directed to system including a short-range, low power wireless communications protocol that cover Bluetooth devices such as a wireless keyboard and mouse.  See 4:14-cv-05330-HSG, N.D. California.  Litigation is stayed pending resolution of appeal from adverse IPR decision.  See 2016-2523, -2524.
  • Successfully completed patent assertion program against manufacturers of load balancers and caching servers in a set of lawsuits brought before Judge Stark of the District of Delaware.  The asserted patent covered hardware and associated software that allowed intermediate caching of dynamic webpage content by a transformation of the URL header information.    
  • Lead trial counsel representing VIA Technologies, Inc. in Opti, Inc. v. Via Technologies, Inc., Case No. 2:10-CV-00279 in the E.D. Texas before Judge Gilstrap.  Opti requested $39 million; the jury awarded $2.1 million.  See, e.g., 2014 U.S. Dist. LEXIS 120695; 2014 U.S. Dist. LEXIS 106695; 2013 U.S. Dist. LEXIS 116923; 2012 U.S. Dist. 180834.  The patent at issue concerned a method for pre-snooping the CPU cache memory prior to a transfer of data from main memory to the databus of a personal computer.  Presented oral argument before the Federal Circuit Court of Appeals.  Judgment affirmed.
  • Negotiated favorable settlement for InFocus, Inc., in arbitration involving software purchased from an assignee for the benefit of creditors.
  • Brought patent infringement suit on behalf of Terraspark Geosciences, LLC, against Paradigm, B.V. et al. in the S.D. Texas to protect Terraspark’s patented technology relating to 3-D seismic interpretation software used in oil and gas exploration.
  • Represented inventor James M. Taylor against IBM in a patent infringement suit brought in the E.D. Texas before Judge Davis.  Mr. Taylor invented a highly sophisticated software tool that optimized object code.  Presented oral argument in Markman hearing.  See 2012 WL 12844020.  Case settled favorably shortly before trial.
  • Defended J.C. Penney Corp., Inc., in suit brought by Eolas Techs., Inc.,in the E.D. Texas accusing webpages that utilized Adobe’s Flash software. The asserted patents were invalidated by a jury after bifurcated trial on validity.
  • Represented Brookstone Company, Inc., and VF Outdoor, Inc., defendants in David A. Tropp v. Conair Corporation, et al., Civil Action No. 08-CV-4446, in the S.D. New York.  The accused devices were travel locks opened by key provided to TSA.    
  • Represented StoneAge, Inc., an employee owned company that manufactures rotary hydraulic pipe cleaning tools used in refineries and power plants, as the plaintiff against NLB Corporation, and as the defendant in a lawsuit brought by HydroChem, LLC.
  • Represented Hon Hai Precision Industry Co., Ltd. and Foxconn Electronics, Inc., as plaintiffs against Molex, Inc., in the N.D. Illinois alleging breach of a license agreement, tortious interference with prospective economic advantage, deceptive business practices, commercial disparagement, and anticompetitive conduct constituting antitrust violations under the Sherman Antitrust Act.  See 2009 WL 310890.
  • Defended Techmedica Health, Inc. in a patent infringement action brought by Mannatech, Inc. in the N.D. Texas concerning a patent for a nutritional supplement.  See, e.g., 2009 WL 3614359.
  • Prepared and filed Ex Parte Reexamination Request No. 90/008,506 concerning U.S. Patent 4,733,159 for a Charge Pump Voltage Regulator on behalf of defendant Remy Inc. in litigation in the E.D. Texas concerning the same patent.  2:06-cv-00345-DF.  Negotiated settlement after conclusion of the reexamination.
  • Represented VIA Technologies, Inc., a defendant in Opti, Inc. v. Advanced Micro Devices, Inc. et al., Civil Action No. 2:07-CV-278, in the E.D. Texas.  Presented oral argument in Markman hearing.  See 2009 U.S. Dist. LEXIS 68378.  The accused devices were South Bridge Chips for a personal computer, and, more particularly, the low pin count (LPC) databus for peripheral devices.  Negotiated favorable settlement shortly before trial. 
  • Defended Best Western International, Inc., in lawsuit brought by Linksmart Wireless Tech., LLC for alleged infringement through the use of internet routers and switches to provide wireless internet services in hotels.  See, e.g., Linksmart Wireless Technology, LLC v. T-Mobile USA, Inc. et al., 2010 WL 26450402 (E.D. Tex. 2010).  
  • Represented Fujitsu America, Inc., as the defendant in two separate patent lawsuits brought by ACQIS and Affinity Labs in the E.D. Texas. 
  • Represented Protective Optics, Inc., defendant in Panoptx, Inc. v. Protective Optics, Inc., Civil Action No. 06-7610, in the N.D. California.  Argued and won summary judgment declaring all claims of the asserted patent invalid.  2007 WL 3344453 (N. D. Cal.  2007) (J. Patel).  See also related case Protective Optics, Inc. v. Panoptx, Inc., 458 F. Supp. 2d 1053 (N.D. Cal.  2006) (J. Breyer) (Markman order); 2007 U.S. Dist. LEXIS 83462; 2007 WL 963972; 488 F. Supp. 2d 922.  The accused devices were sunglasses. 
  • Presented oral argument in claim construction hearing and participated in trial representing Directed Electronics, Inc., defendant in Civil Action No. 6:05-cv-113, M.D. Florida.  Obtained ruling of indefiniteness invalidating approximately 100 claims across numerous patents concerning automotive sensors and a serial databus.
  • Represented Gateway, Inc., defendant in Adams v. Gateway, Inc., Civil Action No. 2:02-CV-106, in the D. Utah.  The case concerned the alleged infringement of a patent for a software patch for an I/O controller in a personal computer.  Matter settled after trial began.
  • Represented Curotto Can Co., defendant in The Heil Co. v. Curroto Can Co., Civil Action No. 04-1590, before Judge Chesney, N. D. California.  The plaintiff stipulated to summary judgment after Court construed claims in Curotto Can’s favor.  The patent concerned the waste receptacle of a garbage truck.  Authored appellate briefs, and Federal Circuit affirmed per curiam.  See 2004 U.S. Dist. LEXIS 23618; 2004 U.S. Dist. LEXIS 5183.  
  • Represented The Gates Rubber Company and Trico Products Corp. in a patent infringement suit brought by Waldemar Veazie III in the S.D. Florida involving a patent for a wiper blade.  Case settled favorably on eve of trial.  See, e.g., 2004 WL 5677004.
  • Obtained settlements for Brookstone Company, Inc., in several cases brought by Sharper Image involving electrostatic air purifiers in the N.D. California.
  • Negotiated a $32 million settlement for Fischer Imaging Corporation, the third largest settlement in a patent infringement case in 2002, which concluded litigation that began in 1992.  Fischer owned a patent for a stereotactic breast biopsy machine.
  • Assisted Teradata, Inc. in monetizing a portfolio of patents previously acquired from AT&T concerning datamining.
  • Represented Gemstar-TV Guide in several lawsuits brought by Echostar concerning set-top box technology.  See 1:00-cv-02440; 1:01-cv02426, D. Colorado.
  • Represented Florida Power Corporation, a defendant in Dow Chemical Co. v. Florida Power Corp. et al., Civil Action No. 6:00-cv-437, in the M.D. Florida.  See e.g., 264 F. Supp. 2d 1018.  The patent concerned a water injection system for gas turbines.
  • Assisted in a bench trial on damages and validity after obtaining partial summary judgment on infringement for the owner of a patent for an active vibration isolation system.  Technical Manufacturing Co. v. Integrated Dynamics, 1:99-cv-11362, D. Mass.
  • Represented plaintiff in patent infringement lawsuit against competitor concerning a GPS device.  Navsys Corp. v. Snaptrack, Inc., 1:00-cv-00245, D. Colorado.
Litigated on behalf of the owner of eight patents covering computer tape back-up drives.  See Ecrix Corp. v. Exabyte Corp., 95 F. Supp. 2d 1155 (D. Colo. 2000).

    Assisted in a bench trial on damages and validity after obtaining partial summary judgment on infringement for the owner of a patent for an active vibration isolation system.

  • Litigated on behalf of the owner of eight patents covering computer tape back-up drives.  See Ecrix Corp. v. Exabyte Corp., 95 F. Supp. 2d 1155 (D. Colo. 2000).

Awards & Recognition
AV® Preeminent, Rated 5.0 out of 5.0, by Rated 5.0 out of 5.0 by Martindale-Hubbell/Lexis-Nexis

Recognized as “Super Lawyer” in Intellectual Property Litigation by Thomson Reuters

Publications & Speaking Engagements
Overview of Current Claim Construction Practice in View of Phillips, Patent Claim Construction: The Advanced Legal Forum, West Legalworks, March 6, 2008.

Legal and Regulatory Issues for IP, IP Portfolio Management Conference, West Legalworks, November 12, 2007.

Representative Hobbies and Interests
Skiing, biking, fly-fishing, landscape photography, scuba diving, and studying history.