Xavier Marc Brandwajn

Xavier Marc Brandwajn

Shareholder

Xavier Brandwajn represents Silicon Valley and international clients in high-stakes patent disputes and other intellectual property matters in federal and state courts, as well as before the International Trade Commission (ITC) and in arbitration. Xavier has deep experience representing technology companies of all sizes in patent, trade secret, copyright, trademark, and complex commercial disputes, from inception through trial. He works to advance his clients’ interests in all stages of litigation, having argued more than 80 motions in federal and state courts, participated in three trials and three appellate oral arguments, and taken or defended more than 60 depositions.

Xavier litigates disputes involving a wide array of technologies, including data communications and network storage solutions, KM switching systems, integrated circuits, nonvolatile memory devices, pedestrian crosswalk systems, radio frequency identification, mobile aggregate material processing plants, wafer manufacturing, semiconductor memory devices, RFID tags, security software, satellite television broadcast encryption, ethanol chemical preparation processes, and arcade game consoles.

In addition to his litigation practice, Xavier devises strategies to help address clients’ business and intellectual property needs, from creation and registration through enforcement. He also advises clients on the benefits and practical costs of trade secret protection.

Concentrations

  • Patent, trade secret, copyright, trademark, and complex commercial litigation
  • Patent portfolio acquisition and management
  • Patent assertion strategies
  • Creation, registration, and licensing of copyrightable works
  • Copyright infringement liability avoidance
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Expertise

Erfahrung

  • Represented a multinational Taiwanese supplier of wire and wireless communication products and accessories in arbitration concerning a patent licensing agreement dispute and in separate efforts to monetize portions of its patent portfolio.°
  • Represented, through claim construction, a leading supplier of electric motors in defense against allegations of infringement of two patents, leading to the plaintiff’s voluntary dismissal of its claims with prejudice before its time to oppose a summary judgment motion.°
  • Defeated, on summary judgment, claims of patent infringement asserted against a distributor of keyboard mouse switching systems; secured affirmance of judgment of noninfringement and award of attorneys’ fees and costs totaling almost $500,000.°
  • Obtained judgment of noninfringement for a leading supplier of in-roadway flashing beacon safety systems against allegations of patent infringement and secured affirmance of that judgment by the Federal Circuit Court of Appeals.°
  • Defended a supplier of InfiniBand networking and storage solutions against allegations of infringement of a patent regarding message-passing architecture, resulting in settlement.°
  • Defended, in district court and before the International Trade Commission, a leading supplier of end-to-end InfiniBand and Ethernet interconnect solutions against allegations of patent infringement, trade secret misappropriation, and related claims, resulting in settlement.°
  • Represented, through trial, an Irish manufacturer of mobile aggregate material processing plants and its U.S. distributors in patent litigation. The Federal Circuit Court of Appeals concluded that the asserted patent was obvious, resulting in a win for the client °
  • Represented a market leader in Unified Asset Visibility solutions for health care and other industries in a declaratory judgment action regarding multiple patents covering Wi-Fi based RFID (radio frequency identification) technology. The case was settled.
  • Represented a golf club, tennis racquet, and badminton racquet distributor in an action alleging infringement of a design patent concerning golf club heads. The case was settled.
  • Defended a leading Taiwanese supplier of consumer goods in this arbitration proceeding concerning royalty reporting and payment obligations pursuant to a patent license agreement. After an arbitration award, the case settled.°
  • Represented a developer of source code repository solutions in supplemental trial proceedings following remand from bankruptcy court, resulting in a settlement.°
  • Defended a leading supplier of end-to-end InfiniBand and Ethernet interconnect solutions in district court against claims of patent infringement, trade secret misappropriation, and various business torts. The case settled.°
  • Represented a Japanese technology company and its U.S. subsidiary in trade secret and breach of contract litigation involving nonvolatile memory technology.°
  • Represented defendants in an AAA arbitration alleging misappropriation of trade secrets under Missouri’s Trade Secret Act, breach of engineering and consulting services agreement, and related claims involving an allegedly proprietary system for fiber preparation and pretreatment in the conversion of cellulosic biomass to ethanol. The arbitration was resolved by an award in favor of client on all claims asserted by the plaintiffs.°
  • Represented a former employee of the plaintiff company in an action alleging misappropriation of trade secrets, breach of confidentiality agreement, and related claims concerning the alleged retention of source code files for security-related technology. The case was settled.°
  • Represented the creator of certain written and audiovisual works, and related holding and distribution entities, in an action brought by the former director alleging authorship of the works and infringement by the creator of copyrights in those works. The action was resolved by jury verdict.°
  • Represented a Japanese video game content developer and owner of trademarks and copyrights and its U.S. subsidiary in litigation over counterfeit arcade game consoles.°
  • Represented a leading Spanish pay TV company in copyright, DMCA, and RICO litigation involving allegedly pirated smart card technology. The case was settled.°
  • Represented a Japan-based videogame manufacturer and its U.S. subsidiary in litigation against a distributor of allegedly counterfeit consoles. One of the main claims asserted was for trademark infringement. The case settled.°
  • epresented a Japan-based videogame manufacturer in opposing a company’s applications to register “PAKMAN” trademarks. Successfully opposed registration of the “PAKMAN” marks through a victorious summary judgment motion.°

°The above representations were handled by Mr. Brandwajn Name prior to his joining Greenberg Traurig, LLP.

  • Judicial Extern, Hon. Jeffrey White, U.S. District Court for the Northern District of California, 2006

Anerkennung durch den Markt

  • Recipient, Animal Legal Defense Fund, “Advancement in Animal Law Pro Bono Achievement Award,” 2018
  • Listed, Super Lawyers magazine, Northern California Super Lawyers Rising Stars, 2012-2016
  • Recipient, Legal Aid Society of San Mateo County, “Dorothy M. Wolfe Award” for outstanding pro bono commitment, 2014
  • Member, Board of Directors, Campaign for Legal Services, 2018-Present
  • Member, DBF (Doing Business in French), 2017-Present
  • Member, Alliance Française, 2016-Present
  • Member, American Bar Association, 2006-Present
  • Member, Development Committee, Silicon Valley Education Foundation, 2014-2016
  • Member, San Francisco Bay Area Intellectual Property Inn of Court, 2006-2014

Ausbildung

Akademische Ausbildung
  • J.D., University of California, Hastings College of the Law
  • B.A., Legal Studies and Politics, University of California at Santa Cruz
    • Highest Honors in Legal Studies
    • Honors in Politics
Zulassung
  • California
Sprache
  • Französisch, Fluent
  • Spanisch, Conversational