Brett J. Williamson

Brett Williamson is one of O’Melveny’s most experienced  litigators.  He leads IP cases for clients in a wide variety of industries, including computer hardware and software, telecommunications and media, electronics, pharmaceuticals, and medical devices. For over 30 years, Brett has helped 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 winning outcomes.

Brett is routinely recognized among the most skilled IP litigators in the country. He has been named a Top Intellectual Property Lawyer in California multiple times by the Daily Journal, the same publication that listed his trial victory for client Allergan, Inc. as a Top Verdict of 2012.  In 2023, Brett was selected as a member of Lawdragon’s inaugural 500 Leading Litigators in America, and he has been described as “a skilled and very practical patent litigator” and a “notable trade secret lawyer” by Legal 500.

• Brett represents pioneering streaming platform Hulu, LLC, in defense of patent infringement litigation in the Central District of California involving technology for delivering multimedia content using a network of distributed servers. Brett's team successfully obtained dismissal of most of the original patents-in-suit on both noninfrigement and invalidity grounds, including rulings affirmed by the Federal Circuit in an appeal argued by Brett, and is currently engaged in pretrial proceedings relating to the remaining patent claim.
• Brett also leads the representation of Hulu and fellow media companies fuboTV and World Wrestling Entertainment in defending patent claims brought in the Western District of Texas, the Central District of California, and the District of Delaware by the owner of patents directed to the automated use of dynamic advertising over streaming systems. The related cases have involved a successful petition for writ of mandate issued by the Federal Circuit to compel transfer from the plaintiff’s chosen Texas forum, and final written decisions in favor of Brett’s clients by the Patent Trial and Appeal Board (PTAB) canceling all challenged claims of seven asserted patents in inter partes review (IPR) and Covered Business Method proceedings, which are now being appealed by the plaintiff.
• As lead trial counsel for Par Pharmaceutical in a federal trade secrets and unfair competition case in the District of New Jersey, Brett obtained a major victory when the court issued an injunction barring the defendant, a competing pharmaceutical company, from launching its version of Par's most profitable product (the cardiopulmonary drug Vasostrict®). In support of the injunction order, the court cited evidence of deliberate copying and subsequent destruction of Par’s proprietary information that was uncovered by Brett’s team during expedited discovery.
• Brett also led the representation of Par in defending a separate case alleging federal antitrust claims involving Vasostrict®. After substantial discovery, Par moved for and was granted summary judgment on plaintiff's claims, in an order that was affirmed by the Fourth Circuit.  He continues to represent Par and its parent company Endo in multiple patent and antitrust matters, including cases involving pre-filled syringes for critical care, the antipsychotic drug Seroquel®, and the narcolepsy treatment Xyrem®. 
• Brett served as lead counsel for a major consumer electronics company in parallel district court litigation and IPR proceedings involving power supply identification technology. He obtained a final written decision from the PTAB finding unpatentable all claims of a patent being asserted against the client in the district court, and then argued the appeal from that decision at the Federal Circuit, which summarily affirmed the PTAB.
• As lead counsel for Therabody, Inc., the maker of Theragun™ percussive massage therapy devices, Brett is enforcing a large portfolio of utility and design patents against copycat manufacturers.  In one case pending in the Southern District of New York, the Court recently handed Brett’s team two significant victories on behalf of Therabody, denying motions for summary judgment of non-infringement and to dismiss claims of willfulness. 
• Brett represented Google against plaintiff ART+COM InnovationPool (ACI) in a five-day jury trial in the District of Delaware 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.