Nicholas A. Brown

Nicholas A. Brown

Shareholder

Nicholas A. Brown is a trial lawyer whose practice focuses on patent and trade secret litigation. He has tried patent cases in Texas, California, Oregon, New Jersey, and before the Patent Trial and Appeal Board, and has argued appeals to the Federal Circuit. He has litigated a wide range of cases—including pharmaceuticals, cellular telephone standards, software, semiconductor manufacturing, and DNA sequencing—in federal district courts across the country, at the Board of Patent Appeals, at the Federal and Ninth Circuits, as well as in California state court.

Concentrations

  • Patent and trade secret litigation
  • Patent/IP strategy and counseling

Capabilities

Experience

  • Gonzalez v. Tagged & Gonzalez v. New Life Ventures. As lead counsel for Tagged and New Life Ventures, won judgment of invalidity after trial in E.D.Tex. in patent litigation relating to digital labels for websites.
  • EFF v. Personal Audio. As lead counsel for EFF, won judgment invalidating Personal Audio’s “podcasting” patent after a trial before the Patent Trials and Appeal Board.
  • Prolifiq v. Veeva. As lead counsel, represented Prolifiq in patent and trade secret litigation related to software for managing regulated communications for pharmaceuticals and medical devices.
  • Wildcat IP v. Pokémon, et al. As lead counsel, represented Pokémon in patent litigation relating to electronic trading card systems.
  • Walker Digital v. MySpace, et al. As lead counsel, represented LinkedIn, MySpace and Tagged against patents asserted against social networks’ use of "friend" relationships.
  • Teva Women's Health v. Mylan, Teva Women's Health v. Lupin, and related matters. Represented Teva at trial and in subsequent appeal regarding patents covering Seasonique®, as well as in a set of five other related ANDA cases involving patents covering Seasonique®, LoSeasonique® and Cenestin®.
  • Global Ground Automation v. Orissa, et. al. Represented Global Ground Automation at bench trial in E.D.Tex. involving patent relating to software for ground transportation.
  • Core Wireless v. LG. Representing LG in patent litigation involving technology related to standards for cellular telephones.
  • Joao Bock v. Charles Schwab, et. al. Won dismissal with prejudice of 41 of 43 claims for Charles Schwab in patent litigation involving financial services.
  • Fotomedia v. Tagged, et al. As lead counsel, represented Tagged in patent litigation relating to social networks’ use of technology for displaying, uploading, and managing photos.
  • Beneficial Innovations v. Demand Media, et al. As lead counsel, represented Demand Media in patent litigation relating to Internet advertising.
  • Henry Huang v. Caltech, Applera, et. al. As trial counsel, won a complete defense judgment for Applera after a bench trial involving fraud and inventorship claims regarding foundational patents for automated DNA sequencing.°
  • ASM v. Genus. Won summary judgment of non-infringement for Genus, and won Federal Circuit affirmance of that judgment, in patent litigation involving atomic layer deposition and chemical vapor deposition technology.°
  • Applied Materials v. Podlesnik. Won preliminary injunction for Applied Materials in trade secret case against a senior executive who resigned to join a direct competitor.°
  • Samsung v. Tessera. Trial counsel for Samsung at jury trial in N.D.Cal. involving patents relating to semiconductor packaging technology.°
  • Semitool v. Applied Materials. Trial counsel for Applied Materials at jury trial D. OR. involving patents relating to advanced copper metallization in semiconductor manufacturing.°
  • Won summary judgment of invalidity of seven of nine independent claims in one of the first decisions after KSR, representing a consumer electronics developer in patent litigation relating to audio and video media.°
  • Invalidated all asserted claims in reexamination proceedings while representing Microsoft, Yahoo! and another consumer electronics developer in patent litigation relating to digital media. °
  • Applera v. Roche. Represented Applera in patent and contract dispute involving foundational polymerase chain reaction (PCR) patents.°
  • Unites States ex rel. MJ Research v. Applera. Won Ninth Circuit appeal for Applera affirming dismissal of case alleging fraudulent acquisition and use of DNA sequencing patents.°
  • Conceptus v. Hologic. Represented Conceptus in patent litigation asserting foundational patents for medical implants allowing reversible sterilization.°
  • Neothermia v. Rubicor. Represented Neothermia in patent litigation concerning minimally invasive breast biopsy devices.°
  • Applied Biosystems and Celera Genomics v. Amersham Pharmacia Biotech and Molecular Dynamics. Represented Applied Biosystems and Celera Genomics in multiple patent infringement actions relating to DNA sequencing products.°
  • Applied Materials, Inc. v. ASM International, N.V., et al. Represented Applied Materials in patent litigation involving multiple aspects of semiconductor manufacturing technology.°
  • Applied Materials v. AG, AST, AG v. Applied Materials. Represented Applied Materials in related patent litigations concerning semiconductor manufacturing tools used for rapid thermal processing (RTP).°
  • Novadigm v. Marimba and Marimba v. Novadigm. Represented Marimba in two patent infringement actions involving automated software distribution and updating technology.°
  • Lam Research v. Deshmukh. Represented Applied Materials and Dr. Deshmukh in defense of trade secret misappropriation claims.°
  • Lam Research v. Annapragada. Represented Applied Materials and Dr. Annapragada in defense of trade secret misappropriation claims.°

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

Recognition & Leadership

  • Listed, The Best Lawyers in America, Litigation - Patent, 2017
  • Listed, IAM magazine, "IAM Patent 1000," Litigation, 2012-2017
  • Listed, Super Lawyers magazine, Northern California Super Lawyers, 2015-2017

Credentials

Education
  • J.D., magna cum laude, Harvard Law School, 1998
  • A.B., Princeton University, 1995
Admissions
  • California
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit