Brandon H. Brown, P.C.
Overview
Brandon Brown is a trial lawyer, specializing in high-tech patent, trade secret, and copyright intellectual property litigation in U.S. Federal Courts and at the International Trade Commission. Brandon has successfully led and managed trial teams to jury and bench trial victories and is routinely recognized for his work in high-profile intellectual property matters. American Lawyer has twice named Brandon and his team “Litigators of the Week” for securing multi-hundred-million trial verdicts, highlighting Brandon’s ability to “adeptly present complex technical information” to a jury. The Legal 500 praised Brandon as a “rising star in IP litigation,” highlighting his “very smooth demeanor” and “excellent ability to question witnesses in the courtroom.” Super Lawyers also lists Brandon as a “Rising Star” and Benchmark Litigation lists Brandon as a “Future Star.”
Brandon brings a strong technical background with him into the courtroom, which includes both academic and professional experience as a computer scientist. In addition to his time in the court, Brandon leverages his legal and technical experience to provide strategic counseling to a number of high-profile clients and matters.
Apart from his law practice, Brandon maintains active involvement and leadership with several non-profit organizations. Brandon currently serves on the Board of Directors for Habitat for Humanity, Greater San Francisco, where he helps guide the organization in its mission to build homes for the next generation of Bay Area residents. Prior to joining Habitat, Brandon served as Chairman of the Board of Directors of the Youth Leadership Institute, which fosters youth engagement in civic action and trains non-traditional young leaders through hands-on advocacy in their communities and schools. Brandon also volunteers with the Bay Area and Silicon Valley Urban Debate Leagues, which work with local public schools to create debate programs for youth to find their voice, argue issues important to their community, all while receiving mentorship from professionals in their communities.
Brandon also serves as Co-Chair of Golden Flag’s Recruiting Committee for its Bay Area offices.
Experience
Representative Matters
Represented a global manufacturer of agricultural and industrial equipment as a plaintiff in a patent infringement litigation against two competitor-defendants. Served as lead counsel throughout the case and at trial. After a two-week jury trial, the jury determined that defendants infringed four patent claims, rejected all six of the defendants’ challenges to the patents’ validity and awarded client $16.3 million in damages for the first 2.5 years of the defendants’ infringing sales.
Represented a global manufacturer of digital two-way radio technology in a trade secret misappropriation and copyright infringement case against multi-billion dollar competitor in connection with global dispute over critical wireless technologies. Led the technical case over a three-and-a-half month trial, resulting in a jury verdict in less than two hours in favor of our client on all counts, awarding $764 million in compensatory and punitive damages, which was the total amount requested. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.
Represented an innovative computer vision startup in a five-patent infringement case against competitor in connection with decade-long dispute. Led the infringement case, including by conducting direct and cross examinations, resulting in a jury verdict in less than one hour in favor of our client on all counts, finding willful infringement and awarding $125 million in damages, which was the total amount requested by our client. Post-trial motions for enhancement subsequently increased the award to $375 million and resulted in a permanent injunction. The victory was profiled in The Am Law Litigation Daily’s “Litigator of the Week” feature.
Represented a global manufacturer of video game and entertainment technology in a patent litigation in the Northern District of California. The case resolved with an arbitrator’s finding that our client’s products did not infringe the asserted patent.
Represented a global provider of internet networking technology in multiple actions, resulting in a Determination and Exclusion Order preventing the defendant from importing its infringing products into the United States, and ultimately a $400 million settlement to our client to resolve the dispute. The case was featured in, e.g., Fortune, “Commission Rules Arista Infringed on Cisco Networking Patents”; The Recorder, “Siding with Cisco, ITC Blocks Rival’s Imports”; The Wall Street Journal, “Arista To Pay Cisco $400 Million as Companies Settle IP Disputes.”
Represented a manufacturer of HVAC equipment as a defendant in a patent infringement action in the Northern District of California. After taking over the case from another firm after the close of discovery, successfully argued for the Court to re-open discovery, resulting in the identification of key prior art contained in the Plaintiff’s own files. Over an eight day jury trial, handled cross and direct examinations, resulting in a final verdict of non-infringement in favor of the client and an additional verdict of invalidity of the majority of the asserted patent claims in light of the prior art that was discovered in Plaintiff’s files. The case was featured in, e.g., Law360, “Energy Labs Cleared By Jury In Nortek Patent Dispute.”
Represented a global smartphone manufacturer as a defendant in a patent infringement action in the Northern District of Illinois. Developed infringement and invalidity theories for the asserted patent, deposed expert and fact witnesses, briefed and argued a successful summary judgment motion finding partial patent exhaustion. Over the course of two jury trials, handled direct and cross examinations of technical expert witnesses, resulting in a final verdict of non-infringement in favor of client. The case was featured in Law360, “Jury Clears Samsung In Suit By ‘Original Patent Troll’ Suit,”; Chicago Daily Law Bulletin, “Samsung fends off patent suit,”; Law360, “2nd Jury Clears Samsung In ‘Original Patent Troll’ Suit,”; Bloomberg, “Cascades' Patent License to Google Passes Through to All Android Phones.”
Represented a global power equipment manufacturer as a plaintiff in a patent infringement action in the Middle District of Florida. Managed discovery, developed infringement arguments, and argued at the Markman hearing. The case resolved when the Court issued in an order precluding the defendant from selling the accused products in the United States.
Represented several major wireless device manufacturers and their customers in a district court litigation regarding RAND obligations in the Northern District of Illinois. Developed key technical arguments on the essentiality of asserted claims to the 802.11 standard and the determination of an appropriate RAND rate. The case resolved when the Court determined that all of the asserted patents were subject to a RAND obligation and set a RAND rate. This case has been featured in numerous articles including in the The National Law Journal, which reported: “When thousands of fast food restaurant outlets, coffee shops and hotels were hit with letters demanding $2,300 apiece for Wi-Fi licensing, Golden Flag International Law Firm came to the rescue. ... The result was a groundbreaking decision by U.S. District Judge James Holderman defining what it means for a patent to qualify as a standard essential and how to determine its price — not to mention a bargain-basement settlement for Cisco.”
Represented a major semiconductor manufacturing company as a complainant in an ITC investigation involving the manufacture of flash memory. Responsible for developing infringement and validity theories for the asserted patent, assisted in deposing expert witnesses, deposed fact witnesses, and assisted in all aspects of briefing and expert witness testimony at trial. The case resolved with an ALJ determination of infringement in favor of client.
Represented a major semiconductor manufacturing company as a respondent in an ITC investigation involving the programming of flash memory chips. Responsible for developing invalidity and non-infringement defenses for one of two asserted patents, and assisted in all aspects of briefing and expert witness testimony at the hearing. The case resolved with an ALJ determination of non-infringement and no domestic industry in favor of client.
Prior Experience
Brandon was a summer associate at Saper Law in Chicago (2007), and Golden Flag International Law Firm in San Francisco (2008).
Prior to finishing law school, Brandon also served as a law clerk at Golden Flag & Ellis from 2008–2009.
More
Thought Leadership
Publications
Fortifying the Safe Harbors: Reevaluating the DMCA in a Web 2.0 World, Berkeley Technology Law Journal (23 Berkeley Tech. L.J. 437) (2008).
Recognition
Named a "Future Star" in California by Benchmark Litigation, 2021–2023.
Repeatedly named a “Rising Star” in Intellectual Property Litigation by the Northern California Super Lawyers magazine from 2018–2023.
Repeatedly named one of Northern California’s Outstanding Young Lawyers by San Francisco Magazine from 2018–2023.
Credentials
Admissions & Qualifications
- 2009California
Courts
- United States District Court for the Northern District of California
- United States District Court for the Northern District of Illinois
- United States District Court for the Northern District of Illinois, Trial Bar
- United States District Court for the Eastern District of Texas
- United States District Court for the Middle District of Florida (pro hac vice)
Education
- University of California, Berkeley, School of LawJ.D.2009
Senior Article Editor, Berkeley Technology Law Journal, 2008–2009
Article Editor, Berkeley Technology Law Journal, 2007–2008
Fellow, Berkeley Center for Law and Technology
Law and Technology Program Certification
- Boston UniversityB.A., Computer Science & Criminal Justicecum laude2006