Brandon Smith is a partner in our Orange County office. His practice is focused on high-stakes litigation and dispute resolution matters. Mr. Smith has handled all types of contentious IP matters, including numerous patent and trademark cases, as well as copyright, trade secret, and data privacy matters. Mr. Smith has practiced in a wide range of jurisdictions, including numerous federal district courts, multiple U.S. Courts of Appeal, and the U.S. International Trade Commission.
Mr. Smith represents clients in a wide range of technical fields, and has particular experience in cases involving consumer products, such as footwear, apparel, watches, eyewear, and many others. Mr. Smith also leverages his biomedical engineering background to assist medical device clients in matters involving technologies such as bypass syringes, portable oxygen concentrators, prosthetics, CPAP machines, heart valves, and more.
Mr. Smith currently serves as the chair of Knobbe Martens’ Education Committee, and is the editor-in-chief for the Federal Bar Association of Orange County’s newsletter.
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 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 earned his Bachelor's of Science in Biomedical Engineering at California Polytechnic University, San Luis Obispo.
- Recognized by The Legal 500 "United States" for Patents: Licensing (2024)
- Named to Benchmark Litigation “40 & Under” List (2023-2024)
- Recognized by The Legal 500 "United States" for Trademark Litigation (2022)
The Fed. Circ. In July: Reissue Claims And The Original Patent, Law360 (2023) (PDF)
"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
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The On-Sale Bar Still Applies to the Products of Secret Processes
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Claim Construction When Uniformly Referring to Aspects of an Invention
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Routine Optimization of Result-Effective Variable Can Bridge Gaps in Prior Art
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Weighty Considerations: Objective Indicia of Non-obviousness
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Not So Obvious: Substantial Evidence Review of Factual Issue in an Obviousness Claim
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It’s Not the Size of the Chamber That Matters, It’s How You Describe It in the Intrinsic Record
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Collateral Estoppel Is Applicable in IPRs When the Question of Patentability Is the Same
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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