Brandon G. Smith

Partner

Orange County

949-760-0404

brandon.smith@knobbe.com

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Overview

Experience

Resources

Brandon Smith is an associate 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.

Extern Experience

Judicial Extern for the Honorable Marilyn Huff (S.D. Cal.)

Education

University of San Diego School of Law (USD) (J.D., 2015), Order of the Coif, Editor-in-Chief - San Diego Law Review Volume 52, magna cum laude

California Polytechnic State University - San Luis Obispo (CAL POLY) (B.S. Biomedical Engineering, 2012), Tau Beta Pi

University of San Diego School of Law (USD)

California Polytechnic State University - San Luis Obispo (CAL POLY)

State Bar of California

U.S. District Court - Central District of California

U.S. District Court - Southern District of California

Biotechnology

Medical Devices & Procedures

Practice Areas

Data Privacy & Security

IP Strategy

Medical Device Litigation

Trade Secret & Employment Mobility Litigation

Trademark & Brand Protection Litigation

Patents

PTAB IPR & Post-Grant Proceedings

Aliign Activation Wear, LLC v. lululemon athletica Canada Inc. and lululemon USA Inc (Case 2:20-cv-03339-SVW-JEM) (C.D. Cal)

Successfully defended lululemon in trademark infringement suit filed in connection with lululemon’s ALIGN yoga product collection. Obtained summary judgment for no infringement, including no forward confusion, reverse confusion or initial interest confusion between the parties’ products, which avoided the plaintiff’s damages claims exceeding several hundred million dollars.

Breathe Technologies v. Inogen et al. (C.D. Cal., N.D. Cal., and Arbitration Proceedings)

Defended Inogen and its employees against allegations of patent infringement, incorrect inventorship, breach of contract, and unfair competition in connection with Inogen’s acquisition of New Aera Inc. After Inogen successfully compelled the bulk of the causes of action to arbitration, the parties resolved their disputes.

Vincent Systems v. Össur hf and Össur Americas, Inc. (C.D. Cal.)

Defended Össur against patent infringement claims by Vincent Systems. After Össur served invalidity contentions, the parties resolved the dispute.

In the Matter of Certain Child Carriers and Components Thereof, USITC Investigation No. 337-TA-1154 (ITC 2020)

Defended Infantino in a patent case involving two patents. After an evidentiary hearing, the ALJ issued a Final Determination of non-infringement and invalidity.

In re Certain Sleep Disordered Breathing Treatment Systems and Components Thereof, USITC Investigation No. 337-TA-1136 (ITC 2019):

Represented Fisher & Paykel Healthcare in an ITC action against a competitor. After a claim construction hearing, the competitor agreed to end its years’ long global litigation against the client as part of a global resolution without payment.

Winn Incorporated v. Halo Fishing LLC, (C.D. Cal.).

Represented Winn in action to protect the famous Winn® and Dri∙Tac® brands in connection with grips for fishing reels.

In re Certain Sleep Disordered Breathing Treatment Systems and Components Thereof, USITC Inv. No. 337-TA-1022 (ITC 2017).

Represented Fisher & Paykel Healthcare in action before the International Trade Commission relating to patient interfaces for sleep apnea therapy. After favorable evidentiary ruling for Fisher & Paykel Healthcare, patentee unilaterally withdrew its complaint and terminated the investigation. 82 Fed. Reg. 27724.

Boston Scientific v. Edwards Lifesciences, (C.D. Cal.).

Defended Edwards Lifesciences in patent case involving eight patents asserted against delivery systems and crimpers used for implanting Edwards’ transcatheter heart valves. The Court stayed the case pending the final disposition of all IPRs, and the parties ultimately reached a settlement of their global dispute.

Separation Design Group IP Holdings v. Inogen, No. 2:15-cv-08323-JAK-(JPRx) (C.D. Cal. 2017)

Defended market leader Inogen from allegations of trade secret misappropriation, breach of contract, and patent infringement related to its portable oxygen concentrators. Case settled favorably for client on the eve of trial.

Articles

"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

First-in-Human Porcine Heart Transplant Performed
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