The primary focus of Brian's practice is patent litigation, for which he is especially well equipped as a registered patent attorney and an engineer. In addition to the Eastern District of Texas, Brian has been significantly involved as trial counsel in many patent cases in numerous jurisdictions throughout the country, including the N.D. California, D. Utah, S.D. Florida, and D. Massachusetts. These cases have involved technologies ranging from complex digital electronics and computer architectures to less complex mechanical devices. For example, Brian has litigated patent infringement cases concerning BLADE servers, web browsers, a stereotactic breast biopsy machine, software relating to error detection for a computer I/O controller, South Bridge and Super I/O chips connecting to an LPC databus, controllers connecting to an automotive databus, satellite TV receivers, GPS devices, business methods for data mining, electrostatic air purifiers, methods for high speed recording on tape media, gas turbine technology, and an active vibration isolation system. He has also handled numerous cases involving less complex devices such as a coaxial connector and a windshield wiper blade.

In addition to patent litigation, Brian has been involved in a wide variety of intellectual property cases including unfair competition, trademark, copyright, and trade secret cases. In addition to his litigation practice, Brian is experienced in exploiting patent portfolios through licensing.

Prior to his legal career, Brian practiced engineering at Southwest Research Institute in San Antonio, Texas, where he designed controls and tools for use with a robotic arm to perform maintenance on high voltage power lines, designed packaging for an automotive computer system, and designed an undersea fiber optic cable for use in off-shore drilling.

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

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Texas

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

U.S. District Court for the Western District of Texas

U.S. Court of Appeals, Federal Circuit Court of Appeals

U.S. Court of Appeals, Tenth Circuit Court of Appeals

U.S. Court of Appeals, Fifth Circuit Court of Appeals

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Central District of California

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

U.S. District Court for the Southern District of California

Representative Matters

Lead trial counsel representing the defendant VIA Technologies, Inc. in the matter of Opti, Inc. v. Via Technologies, Inc.,Case No. 2:10-CV-00279 before Judge Gilstrap, E.D. Texas.  Opti was seeking $39 million dollars; 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.  Appeal pending.

Represented J.C. Penney Corp., Inc., a defendant in Eolas Techs. Inc. v. Adobe Sys., Civil Action No. 6:09-CV-446, before Judge Davis, E.D. Texas.  The asserted patents were invalidated by jury after bifurcated trial on validity.

Represented Brookstone Company, Inc., Brookstone Stores, Inc., and VF Outdoor, Inc., defendants in David A. Tropp v. Conair Corporation, et al., Civil Action No. 08-CV-4446, before Judge Vitaliano, E.D. New York.  See, e.g., 845 F. Supp. 2d 485.

Represented VIA Technologies, Inc., a defendant in Opti, Inc. v. Advanced Micro Devices, Inc. et al., Civil Action No. 2:07-CV-278, before Judge Ward, E.D. Texas.  Presented oral argument in Markman hearing concerning claims directed to a multiplexed databus.  See 2009 U.S. Dist. LEXIS 68378.  Negotiated favorable settlement shortly before trial. 

Represented Protective Optics, Inc., defendant in Panoptx, Inc. v. Protective Optics, Inc., Civil Action No. 06-7610, before Judge Patel, N.D. California.  Argued and won summary judgment declaring all claims of the asserted patent invalid. See 2007 U.S. Dist. LEXIS 83462.

Participated in a two week jury trial, including direct and cross-examination of witnesses, concerning eight patents directed to modules and methods for interfacing a car alarm to an automotive serial databus; presented oral argument in the Markman hearing.

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.  Authored appellate briefs, and Federal Circuit affirmed per curiam.  See 2004 U.S. Dist. LEXIS 23618; 2004 U.S. Dist. LEXIS 5183.  

Represented Gateway, Inc., defendant in Adams v. Gateway, Inc., Civil Action No. 2:02-CV-106, before Judge Stewart, D. Utah.  The case concerned the alleged infringement of a patent for a software patch for an I/O controller in a personal computer.  Began trial as the team member responsible for the examination of numerous fact witnesses and technical expert witnesses.  The case settled after the trial began.

Obtained settlements for Brookstone Company, Inc. in several cases brought by Sharper Image involving air purifiers.

Negotiated a $33 million settlement for Fischer Imaging Corporation, the third largest settlement in a patent infringement case in 2002.  Fischer was the owner of a patent covering a breast biopsy machine.

Represented Florida Power Corporation, a defendant in Dow Chemical Co. v. Mee Industries and Florida Power Corp., Civil Action No. 6:00-cv-437, before Judge Presnell, M.D. Florida.  Conducted cross examination of witnesses at evidentiary hearing in opposition to a preliminary injunction that would have shut down numerous critical turbines.  The plaintiff’s motion for preliminary injunction was denied. This patent infringement case concerned water injection technology for gas turbines.

Assisted in the 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).

Provided litigation assistance in several multi-million dollar commercial cases involving antitrust, breach of contracts, and various business torts including misappropriation of trade secrets. Also served as lead attorney on a number of cases involving breach of contract, professional malpractice, business torts, and negligence.

Publications & Speaking Engagements
Request Copy of Publication

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.

Professional & Community Activities
Licensing Executives Society
American Intellectual Property Law Association
State Bar of Texas
Dallas Bar Association

Awards & Recognition
AV® Peer Review Rated (CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)