Brett J. Williamson

Partner

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Brett Williamson is one of O’Melveny’s most seasoned IP litigators, with over 25 years of experience handling patent and technology litigation in a wide variety of industries, including computer hardware and software, telecommunications, electronics, medical devices, and pharmaceuticals. Brett helps both established and emerging technology companies solve their most critical legal challenges through a practical approach that prioritizes fundamental “big picture” advice over procedural tactics that can obscure the client’s ultimate business goals, while maintaining the sharp adversarial edge required to ensure the best outcome possible.

Brett is routinely recognized among the most skilled IP litigators in the country. He was named a 2015 Top Intellectual Property Lawyer in California by the Daily Journal, the same publication that listed his trial victory for client Allergan, Inc. as a Top Verdict of 2012. Brett has been named a “Super Lawyer” in Intellectual Property Litigation for eleven consecutive years (2007-2017) in a survey conducted by Law & Politics Media Inc. and published in Los Angeles magazine, and he has been described as “a skilled and very practical patent litigator” and a “notable trade secret lawyer” by Legal 500.

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Honors & Awards

  • Named a 2015 Top Intellectual Property Lawyer in California by the Daily Journal
  • Named a “Super Lawyer” in surveys conducted by Law & Politics Media Inc. and published in Los Angeles magazine (2007-2017)
  • Trial victory for client Allergan, Inc., named as a Top Verdict of 2012 in California by the Daily Journal

Admissions

Bar Admissions

  • California
  • District of Columbia
  • New York

Court Admissions

  • US District Court, Northern, Eastern, Southern, and Central Districts of California, Southern and Eastern Districts of New York, and the District of Colorado
  • US Court of Appeals, Federal, Second, and Ninth Circuits
  • US Supreme Court

Education

  • University of Southern California, J.D., 1989: Order of the Coif; Articles Editor, Southern California Law Review
  • University of California, Irvine, B.A., 1986: cum laude

Professional Activities

Member

  • American Bar Association
  • Federal Circuit Bar Association
  • American Intellectual Property Law Association (AIPLA)
  • Howard T. Markey Intellectual Property Inn of Court (President, 2016-2017)
  • Orange County Bar Association; Association of Business Trial Lawyers (ABTL), Orange County Chapter

Board of Directors

  • Public Law Center of Orange County
  • University of California, Irvine— Center for the Study of Democracy

Lawyer Representative

  • Ninth Circuit Judicial Conference (2009-2012)

Author

  • “Enhanced Infringement Damages in a Post-Seagate World,” Daily Journal, co-author (June 17, 2016)
  • “Rethinking Seagate At The Supreme Court” Law360 (March 17, 2016)
  • “Is The Seagate Test For Willful Infringement Here To Stay?” Law360 (April 7, 2015)
  • “Maintaining the Standard of Proof on Invalidity,” Law360 (February 9, 2011)
  • “IP in a downturn,” IP Review, co-author (Summer 2009)
  • “Post-Seagate: Advice of Counsel in Patent Defense,” Intellectual Property Litigation, co-author (Fall 2008)
  • “Struggle for Ownership,” The Recorder (April 11, 2007) (discussing KSR International Co. v. Teleflex, Inc. case)
  • “Remedying Injury to Goodwill and Reputation: Beacon Mutual and 'Public Confusion' Under the Lanham Act,” Intellectual Property Litigation, American Bar Association (Winter 2005)

Speaker

  • “The Future of Medical Diagnostic and Treatment Patents,” O’Melveny Corporate Counsel Seminar (September 2010)
  • “Improving Patent Adjudication Through ADR and Court Reform: International Mediation and Arbitration of Patent Cases,” Thomas Jefferson School of Law Patent Law Symposium (April 3, 2009)
  • “Patents and The Real-World: How Recent Supreme Court Cases and Proposed Legislation Will Impact You and Your Business,” O’Melveny & Myers LLP Special Patent Law Presentation (Sept. 18 and 20, 2007)
  • Brett is lead counsel for a major consumer electronics company in parallel district court litigation and inter partes review proceedings before the Patent Trial and Appeal Board (PTAB) involving power supply identification technology. He recently obtained a final written decision from the PTAB finding unpatentable all claims of a patent being asserted against the client in the district court.
  • Brett represented Google against plaintiff ART+COM InnovationPool (ACI) in a five-day jury trial involving Google Earth products, conducting all direct and cross examination of the technical expert witnesses on infringement and validity. After only an hour of deliberation, the jury found that none of the accused Google Earth products infringe and that Google had proven by clear and convincing evidence that all asserted claims were anticipated or obvious, and thus invalid. The verdict put to rest claims seeking US$106 million or more in alleged damages.
  • Brett and his team prevailed in a three-week trial for a global leader in the development of innovative pharmaceutical and medical device products, involving misappropriation of trade secrets against a major competitor relating to the marketing of the client's leading pharmaceutical product. The court entered an injunction preventing the competitor from selling or marketing its product anywhere in the United States for an entire year following the judgment, an extraordinary remedy in a trade secrets case. Brett also represented the company in a Lanham Act case against the same competitor.
  • Brett is lead counsel for an international consumer electronics company in defense of a series of patent infringement actions filed in the “rocket docket” Eastern District of Virginia, collectively alleging infringement of eight patents directed to smartphone technology and a system for processing and transmitting multimedia content received via wireless networks onto alternative display devices. In the first phase of litigation at the trial court, Brett and his team obtained final judgments of non-infringement on all patents-in-suit. Related cases remain pending.
  • Brett represented a global leader in the design, manufacture, and sale of computerized gaming machines and systems in defending a patent infringement claim involving multi-line slot machines. Following a favorable claim construction after the Markman hearing, the client prevailed on a motion for summary judgment resulting in a full dismissal of all claims, which was affirmed by the Federal Circuit on appeal (521 F.3d 1328 (2008)). Brett also served as lead litigation counsel for the client in other major patent cases, including successful infringement claims against a competitor in the District of Delaware, and prevailing on antitrust counterclaims brought in the District of Nevada.
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