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Biography
Brian has litigated numerous patent and trade secret cases in the biotechnology, mechanical, and chemical arts. He also has performed many patent infringement and validity analyses in areas covering biotechnology, chemical and mechanical patents. Brian has prosecuted patents involving chemical and mechanical inventions. His primary focus is on patent litigation. His representations include clients in the chemical, biotechnology, mechanical and computer fields.
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Representative
Experience
- Represented a major chemical company in patent litigation in Texas involving technology relating to transparencies
- Represented a major supplier of pagers in patent litigation in Texas
- Successfully defended a major chemical and biochemical company in patent litigations in Delaware involving several key patents in the biochemical field; obtained jury verdict of non-infringement and invalidity for all patents involved; issues included prior inventorship, inequitable conduct, and damages claims approaching $200 million
- Represented a worldwide crane manufacturer in patent litigation involving issues of patent ownership, trade secrets and related claims; after a successful summary judgment, the case was settled on favorable terms
- Successfully represented a major golf retailer and manufacturer in a patent infringement case in Illinois; obtained summary judgment of non-infringement and dismissal, with prejudice, of the remaining claims
- Successfully represented Auto Wax Co., Inc. in a jury trial in Dallas, Texas; the jury found for our client Auto Max on all counts, upholding the validity Auto Wax's patent, finding the defendant willfully infringed both Auto Wax's patent and trademark; the Court also awarded our client treble damages and attorney's fees
- Successfully defended Hydrogenics Corporation in a patent litigation brought against it in Houston, Texas by Lynntech, Inc.; Lynntech accused Hydrogenics of infringing two of its patents related to fuel cell test stations and methods of testing fuel cells; obtained case dispositive claim constructions; Lynntech stipulated to no infringement of one patent and we obtained summary judgment of no infringement for the remaining patent; Hydrogenics also received a portion of its attorneys fees and costs
- Successfully represented Dell, Inc. in several patent litigations
- Successfully represented a large international semiconductor corporation in patents related to methods of direct bonding copper; obtained a favorable claim construction and summary judgment of non-infringement resulting in the dismissal of the case
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Activities and Affiliations
- Member: American Bar Association; American Intellectual Property Law Association; Austin Young Lawyers Association
- Listed: "Texas Rising Stars," in intellectual property, Texas Monthly, 2004-2005
- Speaker: Federation Internationale Des Conseils En Propriete Industrielle; Eighth Open Forum, October 2004
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Education and Professional Background
- Iowa State University, B.S. in chemical engineering, 1991
- South Texas College of Law, J.D. summa cum laude, 1996 (Assistant Managing Editor, South Texas Law Review; American Jurisprudence and Corpus Juris Secundum Award Recipient; Order of Lytae)
- Admitted to practice: Texas, 1997; Southern District of Texas; Court of Appeals for the Federal Circuit; United States Patent and Trademark Office
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