O’Melveny Worldwide

Brian Cook

Partner

Los Angeles Office
Areas of Focus
Areas of Focus
Intellectual Property & Technology
Intellectual Property: Copyright & Trademark
Intellectual Property: ITC Section 337
Intellectual Property: Life Sciences
Intellectual Property: Patent Law
Overview Experience Insights News Credentials

Brian Cook is a highly trained patent and technology litigator with a doctorate in nuclear physics from Caltech and nearly a decade of experience in the aerospace industry at NASA’s Jet Propulsion Laboratory. He represents a broad spectrum of clients in various industries including consumer electronics, broadcasting, software, Internet-related technologies, streaming digital media, semiconductors, and wireless communications.

Brian utilizes his patent expertise and background in physics to assist clients with patent litigation matters in District Court, section 337 investigations by the International Trade Commission, licensing and breach of contract disputes over intellectual property, Inter Partes review and covered business method review actions before the Patent Trials and Appeals board, and ex parte reexaminations.

Brian worked as an engineer, technical group supervisor, and project element manager at the Jet Propulsion Laboratory in the Mars Program for eight years prior to joining O’Melveny. He led the design team that developed the telecommunications system for the Spirit and Opportunity rovers that landed on Mars in 2003 and subsequently was awarded a NASA Exceptional Achievement Medal. For the Mars Science Laboratory Project, the Curiosity Rover, Brian managed a group of more than forty engineers to develop the flight avionics subsystem. In addition, Brian is experienced in telecommunications systems engineering, flight radar hardware design and development, radio-frequency integrated circuit (RFIC) design, digital signal processing, digital ASIC and FPGA design, software development, and flight transponder delivery to multiple NASA deep space missions.

Read More

Selected District Court Matters

  • The Boeing Company and Aurora Flight Sciences Corp v. Virgin Galactic LLC (E.D. Va 1:24-cv-00456) Represented Virgin Galactic in a contract and trade secret ownership dispute with Boeing over development of Virgin Galactic’s Dawn airframe, defeating a preliminary injunction motion and achieving a favorable settlement in fast-moving litigation in Alexandria.
  • Multiple matters for Samsung Electronics Co., Ltd including: Empire Technology Development LLC v. Samsung Electronics Co., Ltd. et al. (E.D. Tex 2:23-cv-00427). Took case through jury trial in Marshall, defeating infringement of all but one claim and securing a low damages verdict. Subsequently invalidated the infringed claim in IPR for a complete win.
  • Network-1 Technologies, Inc. v. Samsung Electronics Co., Ltd., et al. (E.D. Tex 2:25-cv-00667), defending Samsung in a six-patent case directed to secure provisioning of eSIMs and authentication in 5G systems.
  • Secure Communication Technologies v. Samsung Electronics (E.D. Tex. 2:24-cv-00484) Represented Samsung in multi-patent litigation involving secure communications for lost device applications and remote access. Challenged all claims in IPR and achieved a favorable settlement of the litigation.
  • Dynamic Data Technologies, LLC v. Samsung Electronics Co., Ltd., et al. (E.D. Tex. 2:18-cv- 00459-RWS) Represented Samsung in multiple-patent litigation relating to image compression, encoding, motion compensation, and related technologies
  • FotoNation Ltd. et al., v. Samsung Electronics Co., Ltd, et al. (E.D. Tex. 2:17-cv-669-RWS) Represented Samsung in patent litigation involving multiple patents relating to face detection and tracking and related image processing technologies; achieved favorable settlement following claim construction
  • Image Processing Tech., LLC v. Samsung Electronics Co. Ltd. et al. (E.D. Tex. 2:16-cv-00505- JRG) Represented Samsung in this high-stakes patent case accusing Samsung's smartphones and digital cameras of infringing five patents related to graphics processing; invalidated all but one asserted claim in district court or patent office proceedings; settled case on favorable terms.
  • NFC Technology, LLC v. Samsung Electronics Co., Ltd., et al. (E.D. Tex 2:15-cv-283) Defended Samsung against multiple patents covering near-field communications technology alleged to be used in the Samsung Pay and Google Pay applications in Samsung’s smart phones; achieved favorable settlement
  • Commonwealth Scientific and Industrial Research Organisation (CSIRO) v. Mediatek, Inc. et al. (E.D. Tex. 12-CV-00578) Defended Samsung in this patent matter involving wireless technology; case dismissed after claim construction order
  • Touchscreen Gestures LLC v. Samsung Electrinics Co., Ltd., et al. (E.D. Tex 6:12-cv-00260-LED) Defended Samsung in this patent infringement litigation involving touch screen interfaces used in Samsung’s smart phones and tablets; achieve complete dismissal of all claims
  • Semiconductor Energy Laboratory Co. v. Samsung Electronics Co., Ltd., et al. (W.D. Wis. 3:09- cv-00001) Secured a highly favorable settlement for Samsung in this contentious patent infringement matter relating to the fabrication of LCD panels used in almost all of Samsung's LCD products, including televisions, computer monitors, notebook computers, cellular phones, and digital cameras
  • Hybrid Audio, LLC v. High Tech Computer Corp. et al. (E.D. Tex. 6:11-cv-00195) Represented Samsung in this patent infringement manner involving MP3 audio compression/decompression technology; case favorably settled
  • Walker Digital, LLC v. Canon U.S.A., Inc., et al. (D.Del. 1:11-cv-000326) Represented Samsung in a patent infringement action involving wireless file downloading techniques for digital cameras
  • Walker Digital, LLC v. Ayre Acoustics, Inc., et al. (D.Del. 1:11-cv-000321) Represented Samsung in a patent infringement action involving Blu-Ray DVD players
  • Walker Digital, LLC v. Apple Inc., et al. (D.Del. 1 :11-cv-000309) Represented Samsung in a patent infringement action involving navigation software installed on cellular handsets
  • Multiple matters for Apple Inc. including: Eastman v. Apple Inc. (N.D. Cal. 5:18-cv-05929) Represented Apple in patent inventorship dispute involving technologies for locating a lost iPhone and for mobile ticketing applications
  • OpenTV, Inc. et al v. Apple, Inc. (N.D.Cal. 3:14-cv-1622) Represented Apple in two patent matters accusing Apple's iOS-based mobile devices, including the iPhone, iPad and iPod Touch, its Apple TV, iTunes, App Store, iRadio, iAds and Safari products and services, and its OS X- based computers, of infringing multiple patents; invalidated 3 patents on Alice motions to dismiss
  • Affinity Labs of Texas LLC v Apple Inc. (E.D. Tex. 9:09-cv-00047, N.D. Cal. 09-cv-4436) Represented Apple in this patent case in which plaintiff asserted patents against Apple's iPhone, iPad, iPod, iPod touch, iTunes Store, and App Store
  • Affinity Labs of Texas, LLC v. Nike, Inc. et al. (E.D. Tex. 2:10-cv-00054, N.D. Cal. cv-10-5543) Represented Apple in the defense of the iPhone and iPod nano software and hardware that allows athletes to use the portable devices (e.g., iPhone or iPod) and either a GPS sensor or piezoelectric shoe sensor as a pedometer for monitoring athletic performance; successfully transferred the case out of the Eastern District of Texas to the Northern District of California
  • Affinity Labs of Texas, LLC v. Apple Inc. et al. (E.D. Tex. 1:11-cv00349) Represented Apple in this patent case generally relating to a digital audio player that can connect to a different electronic device, such as a car stereo
  • Patent matters for other clients including Top Victory Electronics, Co., Ltd. - American Patents LLC v. Hisense Co. Ltd., et al. (E.D. Tex 4:18-cv-768) Defended Top Victory in patent litigation involving five patents covering MIMO OFDM networking technology and content streaming systems
  • Clear Channel Communications, Inc. - Affinity Labs of Texas, LLC v. Clear Channel Communications, Inc., et al. (W.D. Tex. 12-cv-205-LY) Defended Clear Channel, Univision, and Cumulus Media in this patent infringement matter involving Clear Channel's iHeartRadio application
  • iHeartMedia, Inc. - Impulse Radio LLC v. Ibiquity Inc. and iHeartMedia, Inc. (S.D.N.Y. 15-cv- 02725) Defended iHeartMedia in patent and contract dispute involving iHeartRadio and other music streaming applications; filed covered business method review petition that was instituted, leading to complete dismissal of the case
  • Broadcom Corp. - Progressive Semiconductor Solutions LLC v. Broadcom Corp. (C.D. Cal. 8:15-cv-02076-JLS) Defended Broadcom in patent litigation regarding memory latch architectures; achieved favorable settlement
  • DirecTV, LLC - Affinity Labs of Texas, LLC v. DirecTV, LLC et al (W.D.Tex. 6:15-cv-30) Represented DirecTV in this patent infringement matter relating to technology for providing broadcast content; case dismissed based on Alice motion; also represented DirecTV (then AT&T) in successful defense of the judgment on appeal to the Federal Circuit
  • DirecTV, LLC - KTech Communications, Inc. v. DirecTV, LLC et al (C.D. Cal. 11-cv-09370-RGK) Represented DirecTV in this patent infringement matter relating to digital broadcast translators and ATSC PSIP data updating; achieved complete dismissal after invalidating the asserted patents in a companion case against Blonder Tongue
  • Micron Technology Inc. - Elm 3DS Innovations, LLC v. Micron Technology, Inc., et al. (D. Del. 14-cv-01431-LPS) Represented Micron in multiple-patent litigation involving three-dimensional stacked memory devices

Selected International Trade Commission Matters

  • Samsung Electronics Co., Ltd - In the Matter of Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof (337-TA-1336) Defended Samsung against patents asserted by Daedalus Prime alleging infringement of patents relating to processor and memory architecture.
  • Samsung Display Co., Ltd. - In the Matter of Certain Organic Light-Emitting Diode Display Devices, Components Thereof, and Products Containing the Same (337-TA-1273) Defended Samsung Display against patents asserted by Solas accusing certain OLED display technologies of infringement. Took case through hearing at the ITC, after which it settled on favorable terms before the Initial Determination.
  • Samsung Electronics Co., Ltd - In the Matter of Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof (337-TA-1162) and related proceeding (337-TA-1193) Defended Samsung against patents asserted by Neodron alleging infringement by touch screen features of Samsung’s mobiles phones and tablets.
  • Samsung Electronics Co., Ltd. - In re Optical Disc Drives, Components Thereof, and Products Containing the Same (337-TA-897) Defended Samsung in this patent infringement matter involving Samsung’s optical disk drives, desktop computers, Blu-ray and DVD players/recorders, and laptop computers; prevailed on summary determination that no domestic industry existed and complainant had no standing; investigation was terminated
  • Apple Inc. - In re Certain Consumer Electronics and Display Devices, and Product Containing Same (337-TA-836) Defended Apple in this patent infringement matter involving graphics processing technology purportedly used in certain iPhone, iPod touch, and iPad products brought by Graphics Properties Holdings, Inc.; additionally represented Apple in two related declaratory judgment matters seeking judicial determination that Apple does not infringe (Apple Inc. v. Graphics Properties Holdings, Inc. I and Apple Inc. v. Graphics Properties Holdings, Inc. II) both in N. D. Cal., and in a third parallel District Court proceeding filed by Graphics Properties in the District of Delaware (Graphics Properties Holding, Inc. v. Apple Inc.) Achieved a favorable settlement for Apple resolving all matters.
  • Samsung Electronics Co., Ltd. - In re Certain Blu-ray Disc Players, Components Thereof, and Products Containing the Same (337-TA-824) Defended Samsung in this patent infringement matter brought by Walker Digital Corp. involving technology for accessing and providing supplemental information associated with Blu-ray content; additionally represented Samsung in related district court proceedings in the District of Delaware. Achieved a favorable settlement resolving all matters.
  • Top Victory Electronics (Taiwan) Co., Ltd. - In re Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same (337-TA-617) Assisted in successful defense against patent infringement claims through full trial on the merits in the ITC, US Customs proceeding, ITC Enforcement Action, and Federal Circuit Appeal, securing complete victory for client.

Patent Trial and Appeal Board Actions

Over 70 Inter Partes Review Petitions, Including:

  • IPR2013-00528 on behalf of Patent Owner Windy City Wire Cable and Technology Products, LLC
  • IPR2015-00971, 00980, 00969, 01031 on behalf of Petitioner Apple Inc.
  • IPR2016-00961, 00992, 00971, 01004 on behalf of Petitioner Apple Inc.
  • IPR2017-00090 on behalf of Petitioner Broadcom Corp.
  • IPR2016-00703, 00708, 00706, 00391, 00394, 00770, 00389 on behalf of Petitioner Micron Technology Inc.
  • IPR2026-00119, 00118, 00117, 00116, 00115 on behalf of Petitioner Samsung Electronics Co., Ltd.
  • IPR2025-01051, 01050, 01049 on behalf of Petitioner Samsung Electronics Co., Ltd.
  • IPR2024-00896, 00897, 00041, 00040, 00006, 00002 on behalf of Petitioner Samsung Electronics Co., Ltd.
  • IPR2023-00617, 00567, 00550, 00547 on behalf of Petitioner Samsung Electronics Co., Ltd.
  • IPR2017-00347, 00353, 00336, 00355, 00357, 01189, 01190, 01212, 01217, 01218, 01228, 01231 on behalf of Petitioner Samsung Electronics Co., Ltd.
  • Multiple Covered Business Method Review Petitions, including:
  • CBM2016-00010 on behalf of Petitioner iHeartMedia, Inc.
  • CBM2016-00066 on behalf of Petitioner Apple Inc.
  • CBM2015-00173 on behalf of Petitioner Bank of America, N.A.

Languages

  • French

Admissions

Bar Admissions

  • California

Court Admissions

  • U.S. District Court, Central and Northern Districts of California

Registered to Practice

  • U.S. Patent & Trademark Office

Education

  • University of Southern California, J.D.: order of the coif; Ray R. and Dorothy R. Goldie Scholar; Teaching Fellow, Legal Writing and Advocacy; Grading Fellow, G. Lefcoe Real Estate Development and Financing; Member, Southern California Law Review
  • California Institute of Technology, Ph.D., Experimental Nuclear Physics; M.S., Physics
  • Yale University, B.S., Physics: cum laude; DeForest Pioneers Prize for creative achievement in physics

Honors & Awards

  • Recognized by Managing Intellectual Property as a National and California “Rising Star” (2022-2024, 2026)
  • NASA Exceptional Achievement Medal
  • NASA Group Achievement Award
  • Multiple JPL NOVA awards
  • Multiple NASA Achievement Awards
  • National Science Foundation Fellowship

Professional Activities

Chairman of the Board of Directors

  • Lincoln Training Center

Author

  • “Intellectual Property Law,” California Litigation Review (2008) (co-author)
  • “Clearing a Path for Digital Development: Taking Patents in Eminent Domain Through the Adoption of Mandatory Standards,” 82 S. Cal. L. Rev. 97 (2008)
  • “Frequency-Agile Multi-Channel X-Band Coherent Receiver and Transmitter,” NASA IPN Progress Reports 42-166 (August 16,2006) (co-author)
  • “Development of the Advanced Deep Space Transponder,” NASA IPN Progress Reports (February 15, 2004) (co-author)
  • “Fast neutron production by 190 GeV/c muon interactions on different targets,” Nuclear Instruments and Methods A 490 (1-2), p334-43 (2002) (co-author)
  • “Final results from the Palo Verde neutrino oscillation experiment,” Physical Review D v6411 (2001) (co-author)
  • “The NASA Spacecraft Transponding Modem,” NASA Tech Brief NPO-21004, (2001) (co-author)
  • “Neutron Production by cosmic-ray muons at shallow depth,” Physical Review D v6209 (2000) (co-author)
  • “Search for neutrino oscillations at the Palo Verde Nuclear Reactors,” Physical Review Letters v84 (2000) (co-author)
  • “A method to calibrate a neutrino detector using the positron emitter Ge-68,” Nuclear Instrument and Methods A 385, p85-90 (1997) (co-author)
  • “The San Onofre Neutrino Oscillation Experiment,” Nuclear Physics B 35, p447-49 (1994) (co-author)
  • “H-2, D-2, and HD ionization potentials by accurate calibration of several iodine lines,” Physical Review A 47(5), p4042-45 (1993) (co-author)
Related Practices
Intellectual Property & Technology
Intellectual Property: Patent Law
Intellectual Property: ITC Section 337
Intellectual Property: Life Sciences
Intellectual Property: Post-Grant Review Proceedings
Litigation & Investigations
Related Industries
Consumer Electronics
Life Sciences
Semiconductors