Brian Horne

Partner

Los Angeles

310-551-3450

brian.horne@knobbe.com

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Overview

Experience

Recognition

Resources

Brian Horne is an experienced trial lawyer who litigates throughout the country for both plaintiffs and defendants. Mr. Horne’s cases involve a variety of industries, and he has won trials involving a wide range of disputes, including patent, trade secret, trademark, trade dress, and breach of contract.

Mr. Horne's trial teams have won more than $1 billion, and his teams have been featured in The National Law Journal’s list of Top 100 verdicts on multiple occasions. This includes a $466 million patent infringement verdict, which was the Number 1 IP and Number 5 overall verdict of the year. It also includes a $70 million trade secret verdict -- later enhanced to over $110 million -- which was the Number 6 IP and Number 21 overall verdict of the year. Mr. Horne’s trial teams have also won complete victories for defendants facing damages claims totaling more than $750 million dollars.

Mr. Horne is the Managing Partner of our Los Angeles office.

Education

University of Michigan Law School (J.D., 1999)

University of Central Florida (B.S. Mechanical Engineering, 1996), Pi Tau Sigma Mechanical Engineering Honor Society, Tau Beta Pi Engineering Honor Society, Varsity Tennis Team

University of Michigan Law School

University of Central Florida

State Bar of California

U.S. Court of Appeals for the Federal Circuit

U.S. District Court - Central District of California

U.S. District Court - Northern District of California

U.S. District Court - Southern District of California

Automotive, Transportation & Power Sports

Clean Technology

Communications Technology

Electronics & Semiconductors

Food & Beverage

Medical Devices & Procedures

Pharmaceuticals

Restaurant & Hospitality

Software & Information Technology

Practice Areas

IP Strategy

Opinions & Counseling

IP Transactions & Agreements

Appellate Litigation

ITC Litigation

Medical Device Litigation

Trade Secret & Employment Mobility Litigation

Trademark & Brand Protection Litigation

Patents

Vital Pharmaceuticals, Inc. (VPX) v. Monster Energy Company and Reign Beverage Company (S.D. Fla)

Represented Monster and Reign in a trademark and trade dress infringement suit brought by VPX, who sought over $100 million due to sales of Monster’s Reign beverage. Monster defeated VPX’s motion for preliminary injunction on its trade dress claim, won a preliminary injunction enjoining VPX from selling a competing Reign beverage, and won the dispute over ownership of the Reign mark on summary judgment. After a bench trial on VPX’s trade-dress claim, the court issued a 127-page written opinion in Monster’s favor.

Boston Scientific v. Edwards Life Sciences (C.D. Cal.)

Represented Edwards in patent infringement action. Boston had asserted eight patents against Edwards’ transcatheter aortic valve replacement (“TAVR”) technology. Court stayed the case after Edwards filed IPR petitions, which helped lead to a global settlement.

Monster Energy Company v. Integrated Supply Network, LLC (C.D. Cal)

In a jury trial, represented Monster Energy in a trademark and trade dress infringement case. The jury found that Integrated Supply Network infringed Monster Energy's trademarks and trade dress and awarded $5 million in punitive damages. The Court later ordered that ISN disgorge over $10 million of profits.

CardiAQ Valve Technologies v. Neovasc (D. Mass)

In jury trial, represented CardiAQ in trade secret misappropriation case relating to the first transcatheter mitral valve replacement (“TMVI” or “TMVR”) device to be placed in a human. The jury found that Neovasc misappropriated CardiAQ’s trade secrets and awarded CardiAQ $70 million. The district court enhanced damages by $21 million and awarded prejudgment interest, which increased the final judgment to over $110 million. The National Law Journal listed this case as the Number 6 IP and Number 21 overall verdict of 2016.

Masimo Corp. v. Shenzhen Mindray Bio-Medical Tech. Co. Ltd. and Mindray DS USA (C.D. Cal.)

Represented Masimo in patent, antitrust, and breach-of-contract litigation. The case settled shortly before trial. Mindray agreed to purchase all pulse oximetry products for Mindray patient monitors in the U.S. and Canada from Masimo from November 2015 through December 2027. Mindray also agreed to pay Masimo $25 million.

Masimo Corp. v. Philips Electronics North America Corp. and Philips Medizin Systeme Boblingen GmbH (D. Del.)

In jury trial, represented medical-device maker Masimo. Achieved a complete victory, including over $466 million for lost-profits damages against Philips for infringing two Masimo patents. The jury also rejected Philips’s infringement claims seeking $169 million. This verdict was listed as the “Top IP Award of 2014” by Law360. The National Law Journal listed this case as the Number 1 IP and Number 5 overall verdict of 2014.

Victoria’s Secret v. Urban Decay (S.D. Ohio)

Represented declaratory judgment defendant cosmetics company owning trademark rights in NAKED brand against Victoria’s Secret, leading to favorable settlement and Victoria’s Secret discontinuing use of NAKED on cosmetic.

Applied Medical Resources Corp. v. Tyco Healthcare Group LP d/b/a Covidien (C.D. Cal.)

In bench trial, represented medical-device maker and patent owner Applied Medical Resources, Corp. in an inventorship dispute filed by Covidien and Gaya Ltd. The district court delivered a 130-page opinion, ruling in Applied's favor on all claims, and holding that no individuals associated with Gaya are inventors on any of the five Applied patents at issue.

Illumina, Inc. v. Meridian Bioscience, Inc. (TTAB)

Represented Illumina in cancellation and opposition proceedings relating to Meridian’s registrations and applications for the marks ILLUMIGENE and ILLUMIPRO. After full trial briefing, the TTAB issued a 90-page written opinion granting Illumina a complete victory.

Illumina, Inc. v. Boston Scientific Neuromodulation Corporation (TTAB)

Represented Illumina in opposition proceeding relating to Boston Scientific’s application for the mark ILLUMINA 3D. Case settled favorably for Illumina.

KFx Medical Corp. v. Arthrex, Inc. (S.D. Cal)

In jury trial, represented plaintiff KFx and obtained a verdict that Arthrex infringed patents related to methods for rotator cuff repair. The jury awarded $29 million in damages, which was later increased to $35 million to account for additional sales and interest. The National Law Journal listed this case as the Number 7 IP and Number 66 overall verdict of the year.

Nomadix, Inc. v. Hewlett-Packard Co. et al., (C.D. Cal.)

Represented plaintiff Nomadix in a patent-infringement action against multiple defendants whose devices and services used Nomadix’s patented technology to provide Internet access to mobile-computer users.

Baroness Small Estates, Inc. v. BJ’s Restaurants, Inc. (C.D. Cal.)

Represented defendant restaurant chain in trademark infringement lawsuit.

Camp Scandinavia AB v. Trulife, Inc. (E.D. Mich.)

Represented defendant in patent infringement lawsuit regarding carbon fiber foot braces.

Kruse Technology Partnership v. Caterpillar (C.D. Cal.)

Represented plaintiff in patent litigation regarding internal combustion engine technology.

Applied Medical Resources Corp. v. United States Surgical Corp.,(C.D. Cal.)

In jury trial, represented medical device maker in obtaining verdict of $43.5 million and a finding that Tyco-Unit U.S. Surgical had willfully infringed patent. The court upheld the verdict, enhanced damages, and entered a $64.5 million judgment.

Mallinckrodt, Inc. v. Masimo Corp., (C.D. Cal.)

In jury trial, obtained $134.5 million verdict for Masimo, which owned four patents on read-through-motion pulse oximeters. Jury found that Tyco-unit Nellcor had willfully infringed Masimo’s patents, while also finding that Masimo had not infringed a Tyco patent. The court had previously dismissed on summary judgment other Nellcor patents and defenses. The appellate court affirmed a $164.5 million judgment and ordered the entry of a permanent injunction. The case settled for $330 million and future royalties.

Glaxo Group Ltd. and Glaxo Wellcome, Inc. v. Ranbaxy Pharms., Inc. (D.N.J)

Represented client pharmaceutical company in trial against Glaxo’s claim of more than $250 million for alleged patent infringement. Obtained ruling of noninfringement.

In the Matter of Certain Personal Watercraft and Components Thereof (ITC)

Represented patentee in case relating to personal watercraft. Case settled after four-week trial.

Awards & Honors

Brian has received multiple awards and has been honored for his legal accomplishments:

Recognized by The Legal 500 "United States" for Trademark Litigation (2024)
Recognized as a "World IP Leader" by World Intellectual Property Review (WIPR) (2023)
Recognized by The Legal 500 "United States" for Trademark Litigation (2023)
Named a “Leading Litigator – IP Litigation” in the 2023-2024 edition of Lawdragon’s “500 Leading Litigators in America” guide
Selected for inclusion in the Southern California Super Lawyers list for his work in intellectual property litigation in 2021-2018 and from 2016-2013
Recognized in BTI Consulting Group's 2018 "Client Service All-Stars" report for his superior client service in IP Litigation
Recognized in the Los Angeles Business Journal 2017 "Leaders in Law" awards
Named a Southern California "Rising Star" in the 2009, 2010, and 2013 Super Lawyers magazine

Speeches & Seminars

Speaker, Trade Secret Remedies, The Knowledge Group (November 2018)

Speaker, Advanced Special Topics in the Mediation of Patent Cases: The Expert, The Client, and the Role of Force, Patent Disputes Forum South (December 2017)

Moderator, China: The Developing Frontier for IP Procurement and Enforcement Trends and Current Status, IPO Annual Meeting (September 2017)

Speaker, Significant Supreme Court Cases of 2014, IP Impact Seminar (October 2014)

Speaker, Patent Trolls and Legislation to Combat Them, Southern California Biomedical Council (May 2014)

Speaker, What Engineers Need to Know about Recent Developments in Patent Law, American Institute of Aeronautics and Astronautics (March 2014)

Moderator, Patent Monetization, LAIPLA Spring Seminar (June 2012)

Speaker, Collecting Patent Damages Suffered by a Related Entity, Association of Corporate Counsel (2010)

Speaker, Using Experts in Patent Cases, Forensic Expert Witness Association (2008)

Speaker, Establishing Royalty Damages, PLI Patent Litigation Seminar (2006, 2007)