Brandon Stroy

Brandon is a Partner in the Firm’s Intellectual Property Protection Practice. His practice is centered on intellectual property counseling, litigation, and diligence.

Brandon’s background in electrical and biomedical engineering enables him to advise clients across a range of complex technological areas. He has tried patent cases relating to pharmaceuticals, medical devices, computers, and software. He also advises clients on strategic and business issues related to intellectual property, including portfolio management and valuation and licensing.

Over the course of his career, Brandon has defended some of Silicon Valley’s most prominent technology companies on patent matters. He has successfully represented clients in a variety of intellectual property matters including the Internet, data networking, encryption technologies, telecommunications, electrochemical sensors, semiconductors, medical devices, and automotive technologies. He also has extensive experience litigating intellectual property cases for life sciences companies, including Hatch-Waxman/ANDA litigation.

Brandon has also represented clients in matters before the United States Patent and Trademark Office, including post-grant proceedings under the America Invents Act.

Brandon was named a Northern California Rising Star for Intellectual Property and Intellectual Property Litigation by Super Lawyers in 2016 and 2017. He received his J.D. from Columbia Law School. He holds a M.E.M. and a B.S from Duke University.

Community & Professional

• SF Bay Area Inn of Court
• Bar Association of San Francisco
• American Bar Association

Notable Cases and Successes

• Broadband iTV, Inc. v. Hawaiian Telcom, Inc. et al. (D. Haw.) – Represented Defendant Hawaiian Telcom in multi-defendant patent infringement suit brought by non-practicing entity involving delivery of video-on-demand content over the Internet. Obtained summary judgment opinion invalidating all of the asserted claims as unpatentable abstract ideas.
• MiMedx Group, LLC v. NuTech Medical, Inc. (N.D. Ala.) Represents a leading producer of placental tissue grafts in a pending patent infringement suit involving graft manufacturing and tissue processing techniques.
• Eolas Technologies, Inc. v. Adobe Systems, Inc. et al. (E.D. Tex.) - Represented a prominent Mountain View Internet company in major patent infringement suit involving embedded interactive Web content. Obtained trial verdict invalidating all asserted claims.
• Novartis Vaccines & Diagnostics v. Wyeth Pharmaceuticals (E.D. Tex). – Represented Wyeth (Pfizer) in a patent infringement action related to the formulation of a recombinant gene therapy drug. Obtained favorable settlement for client.
• Client Confidential (C.D. Cal.) - Represented prominent Mountain View Internet in patent infringement suit related to geolocation services, winning summary judgment of non-infringement of all asserted claims.
• Lambda Optical Solutions, LLC v. Alcatel-Lucent SA et al. (D. Del.) - Represented Defendant Alcatel-Lucent in multi-defendant patent infringement suit brought by patent assertion entity involving optical network switching technology, as well as trade secret misappropriation and breach of contract counterclaims.
• Agranat IP Licensing¸LLC v. Hewlett-Packard Co. (C.D. Cal.) - Represented Defendant Hewlett-Packard in patent infringement suit involving embedded web server technology.
• GameTek, LLC v. Gameview Studios, LLC (N.D. Cal.) - Represented Defendant Gameview Studios in patent infringement suit brought by patent assertion entity involving in-game transactions in mobile applications. Helped negotiate favorable settlement agreement.
• Therasense, Inc. v. Becton, Dickinson & Co., et al. (N.D. Cal.) – Represented Defendants in a major patent infringement litigation involving blood glucose monitoring products and electrochemistry. Obtained complete victory at trial – including award of attorneys’ fees - that was affirmed on appeal.
• Medtronic v. Nova Biomedical (C.D. Cal.) – Represented Defendant in a patent infringement litigation involving blood glucose monitoring technology. Obtained victory for client at trial.
• B.E. Technology, LLC v. Spark Networks, Inc. (W.D. Tenn.) - Represented Defendant Spark Networks in patent infringement action involving targeted advertisements in Web environments.
• Synchrome Technology, Inc. v. LG Electronics, Inc. et al. (N.D. Ga.) - Represented Defendant LG Electronics in patent infringement suit involving computer disk drive technology.
• Novartis Vaccines & Diagnostics, Inc. v. Wyeth (E.D. Tex.) - Represented Defendant Wyeth in patent infringement suit involving recombinant DNA used in Factor VIII blood protein replacement therapy.
• Medtronic MiniMed, Inc. v. Nova Biomedical Corp. (C.D. Cal.) - Represented Defendant Nova Biomedical in trade secret misappropriation and breach of contract action related to design and manufacture of blood glucose monitors resulting in winning jury verdicts on all claims at trial.
• Therasense, Inc. v. Becton, Dickinson & Co., et al. (N.D. Cal.) - Represented Defendants BD and Nova Biomedical in patent infringement suit related to blood glucose monitor technology and test strip design and biochemistry. Invalidity and/or non-infringement of all asserted patent claims found at jury trial, and affirmed on appeal.
• Muth Mirror Systems, LLC v. Gentex Corp. (E.D. Wisc.) - Represented Defendant Gentex in a patent infringement action related to electrochromic automotive mirror technology. Obtained judgment of invalidity, unenforceability, and non-infringement of all asserted claims at trial.
• Washington v. Sandoval (N.D. Cal.) - Represented Plaintiff California prison inmate pro bono in First Amendment prisoners’ rights action related to petitions for redress of grievances without fear of reprisal.

Recognition

• California Super Lawyers "Rising Star" in Intellectual Property and Intellectual Property Litigation (2016 and 2017)

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