Overview
Brian Barnes is an associate in the firm’s Orange County, California office. Brian represents clients in a variety of intellectual property matters, with an emphasis on patent litigation. Brian represents clients in a range of technology areas including biotechnology, pharmaceuticals, and medical devices. Brian joined the firm in the spring of 2021.
Brian has represented clients in patent litigation matters before U.S. Federal District Courts, the U.S. Court of Appeals for the Federal Circuit, and the Patent Trial and Appeal Board. In District Court litigation, Brian helped his client secure a stipulated judgment of noninfringement of all asserted claims following the court’s adoption of his client’s claim construction positions. Brian has also represented clients in several cases brought under the Hatch-Waxman Act, including at a bench trial in the District of New Jersey, where he cross-examined the opposing party’s economics expert, leading to a favorable decision for his client on the issue of commercial success. Brian has also helped his clients obtain cancellation of the challenged claims in several Inter Partes Review proceedings before the Patent Trial and Appeal Board, and he helped obtain an affirmance of the Board’s Final Written Decision cancelling the challenged claims in an appeal before the Federal Circuit.
Brian attended Duke University School of Law, where he served as an editor of the Duke Law Journal. After law school Brian clerked for the Honorable Todd M. Hughes at the U.S. Court of Appeals for the Federal Circuit.
Clerk Experience
Judicial Law Clerk to the Honorable Todd M. Hughes, United States Court of Appeals for the Federal Circuit, 2018-2019
Education
- Duke University (J.D., 2018), Summa Cum Laude, Order of the Coif, Class of 2018 Intellectual Property and Technology Law Faculty Award
- University of Nevada - Reno (B.S. Biochemistry & Molecular Biology, 2015), Magna Cum Laude
News & Insights
Articles
Litigation Blog
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PTAB Need Not Consider Mountain of Evidence Submitted Without a Map
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Seeing Clearly: An Ordinary Observer Must Look Through Lens of the Prior Art
- No Special Standards for Nexus of Objective Indicia Apply to Design Patents
- Federal Circuit Remands CBM Appeals Under Arthrex, Leaves Forum Selection Dispute for Another Day
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