Brian J. Kennedy

/My focus

I partner with clients facing intellectual property and complex commercial litigation challenges from the earliest stages of a dispute through trial and appeal, developing litigation strategies that advance business objectives as well as legal outcomes. Whether enforcing valuable intellectual property, defending market-leading technology, or resolving complex commercial disputes, I focus on practical solutions that reduce risk and position clients for long-term success.

PATENT LITIGATION

Patent litigation is the primary focus of my practice. I represent both patent owners and accused infringers in disputes involving sophisticated technologies. My experience includes pre-suit investigations, infringement and invalidity analyses, claim construction, expert discovery, dispositive motions, trial preparation, appeals, and strategic counseling throughout every stage of litigation. I work closely with clients to evaluate litigation exposure, assess settlement opportunities, and develop strategies aligned with their broader business goals.

TRADEMARK, COPYRIGHT, AND TRADE SECRET LITIGATION

Clients also rely on me to aggressively pursue and defend trademark, copyright, trade secret, and unfair competition litigation, leveraging my deep understanding of how intellectual property rights drive competitive advantage. These matters frequently involve parallel intellectual property and commercial issues, requiring coordinated strategies that protect valuable intellectual property while supporting clients' broader competitive and business interests.

COMPLEX COMMERCIAL LITIGATION

In addition to my intellectual property practice, I represent clients in complex commercial disputes involving breach of contract, breach of fiduciary duty, fraud, unfair competition, false advertising, business torts, licensing disputes, and other high-value business litigation. Because intellectual property disputes often include overlapping commercial claims, I develop integrated litigation strategies that protect clients' legal rights while advancing their commercial objectives.

/Representative experience

Patent Litigation

• Represent patent owners in infringement actions involving artificial intelligence-enabled voice assistant software and ubiquitous sensor network middleware systems.
• Represented a developer of high-efficiency power conversion technology in patent litigation involving charger and power supplies technologies.

*Select representations handled at previous firm.

• Obtained a $13.5 million patent infringement jury verdict involving flexible printed circuit technology, affirmed in full on appeal.
• Obtained summary judgment on trade secret, breach of contract, tortious interference, and related counterclaims before securing a high seven-figure settlement on the eve of trial in an all-optical switching patent case.
• Represented manufacturer of passive RFID technology in parallel patent infringement proceedings before the US International Trade Commission and the District of Delaware resulting in a favorable settlement.
• Successfully defended a neuromuscular stimulation device manufacturer against patent, copyright, trade secret, contract, and business tort claims, resulting in a favorable settlement.

Complex Commercial and Intellectual Property Litigation

• Managed a complex trademark and business dispute through trial, obtaining a $4.5 million disgorgement award and a $2.2 million attorneys' fee award.
• Second-chaired a federal jury trial resulting in a unanimous $2.2 million verdict for breach of fiduciary duty and conversion against a former CEO.
• Successfully defeated an application for a temporary restraining order and preliminary injunction that sought to shut down a client's recycling operations and obtained dismissal of the entire trademark action.
• Obtained a $4.2 million attorneys’ fee award on behalf of a tribal entity against a former manager of the client’s historic hotel based on the client’s successful breach of fiduciary duty and conversion claims at trial. Defended the client’s attorneys’ fee award on appeal, which was affirmed in its entirety.
• Second-chaired a multi-phase bench trial resulting in a mid-seven-figure verdict on behalf of several ambulatory surgical centers that was affirmed in a published appellate decision.
• Obtained a $2.9 million judgment after trial and appeal in a trademark, false advertising, and false patent marking action.
• Represented tribal entities in several personal injury cases. Obtained dismissal of all claims on the basis of sovereign immunity and statutory defenses.

Appeals

• Successfully defended significant jury verdicts, judgments, and attorneys' fee awards on appeal.
• Represented clients in state and federal appellate proceedings involving patent, trademark, and complex commercial litigation.

/Looking ahead

As innovation accelerates, intellectual property and commercial disputes are becoming increasingly intertwined. I enjoy helping clients navigate these evolving challenges by translating sophisticated technologies into practical legal strategies that protect innovation, manage risk, and position businesses for long-term success.