Brandon Smith is a partner in our Orange County office. His practice is focused on litigation with an emphasis on patent, trademark, copyright, trade secret, and data privacy matters. His practice has included numerous district court cases across the country and multiple proceedings before the U.S. International Trade Commission.
In addition to his litigation experience with Knobbe Martens, Mr. Smith has served as a Deputy District Attorney with the Orange County District Attorney’s Office through the Trial Attorney Partnership program where he successfully prosecuted criminal matters, including a jury trial, as a first chair trial attorney.
Mr. Smith earned his Bachelor's of Science in Biomedical Engineering at California Polytechnic University, San Luis Obispo. Mr. Smith received his J.D. from the University of San Diego School of Law where he was Editor-in-Chief of Volume 52 of the San Diego Law Review.
Mr. Smith was a summer associate with the firm in 2014 and joined the firm as an associate in 2015.
Judicial Extern for the Honorable Marilyn Huff (S.D. Cal.)
Recognized by The Legal 500 "United States" for Trademark Litigation (2022)
"Further Developments in Patent Venue and How They May Affect Calif. Corporations," The Recorder (2018)
"Shifting Venue for Patent Infringement Lawsuits," Orange County Business Journal, Intellectual Property Supplement (2017)
The Patentability of Human Embryonic Stem Cells in Light of Myriad, 96 Journal of Patent and Trademark Office Society 113 (2014)
Author, KnobbeMedical.com Blog
- Baxter Acquires Hillrom in the Largest Medical Device Acquisition of the Year
- Medtronic Gains FDA and CE Mark Clearance for LINQ II
- MaxQ-AI Files for IPO
- First Thrombectomy Device Cleared for Pulmonary Embolisms
- MHRA Updates Guidance on Healthcare Apps as Medical Devices
- FDA Clears First Apple Watch Medical Device Accessory
- EU Reaches Deal on New Medical Device Regulations
- FDA Issues Draft Guidance for the Use of UHMWPE in Orthopedic Devices
- Allergan Acquires AqueSys for $300 Million
Author, Litigation Blog
It’s Not the Size of the Chamber That Matters, It’s How You Describe It in the Intrinsic Record
Collateral Estoppel Is Applicable in IPRs When the Question of Patentability Is the Same
A Skilled Artisan Cannot “At Once Envisage” Each Member of a Large Class
- “Army of Citation Footnotes Crouching in a Field of Jargon” Fails to Withstand Summary Judgment
- Controlling Your Own Destiny: Patent Owner Unilaterally Moots Appeal to Preserve Favorable PTAB Determination
- Federal Circuit Rejects Claim Construction That Contradicts Dependent Claims
- Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims
- Ignoring Antecedent Basis in the Claim Results in Reversal of Patentability Determination
- Examiner Amendments Can Trigger Prosecution History Estoppel