Brian M. Koide, Of Counsel, has over 25 years of experience litigating patent infringement cases. Brian has tried patent infringement cases to jury verdict, argued Markman hearings, and argued before both the Federal Circuit and the PTAB. His cases have been featured in the Wall Street Journal, the New York Times, the Financial Times, the San Jose Mercury News, Politico, Law360, Patently-O, and IP Watch Dog. Brian has worked on cases involving legal issues of national importance, including two patent infringement cases resulting in landmark rulings by the U.S. Supreme Court.
Formerly a partner in the intellectual property group of an Am Law 100 law firm, Brian has represented clients in more than three hundred patent cases. As an oral advocate, he has argued Markman hearings for more 20 patents, over two dozen PTAB arguments, and half a dozen CAFC oral arguments. In 2021, Managing IP ranked him second (tied with two of his former colleagues) for number of appearances in IPRs on behalf of patent owners. He also has experience in Section 337 investigations before the U.S. International Trade Commission. Brian has also litigated trademark, copyright, and defamation cases. He also has advised clients on licensing, portfolio reviews, litigation-risk analysis, and opinions.
Education
Bachelor of Science, Engineering (Structural), University of California, San Diego, 1990
Juris Doctor, Georgetown University Law Center, 1997
Membership and Affiliations
American Intellectual Property Law Association (AIPLA)
Leadership Council on Legal Diversity, Fellow (2013)
Japanese American Bar Association
Speeches & Presentations
- “Patent Reform & Trolling 101,” SFIA Thought Leadership Webinar, Sports & Fitness Industry Association (May 5, 2015). Panelists: Scott Baxendale, Brian M. Koide, and Sheree Rowe.
- “Litigation Forecast 2014—Current Developments in Patent Litigation: The Impact of Inter Partes Review,” Crowell & Moring Webinar (July 23, 2014). Presenters: Terry Rea, Jeffrey D. Sanok, and Brian M. Koide.
- “Winning Strategies for Negotiating IP Indemnification,” IP Counsel Café Conference (April 15, 2010). Presenters: Beatrice B. Nguyen and Brian Koide.
Publications
“Expert Analysis: Stats Show Expert Declarations Can Help Avoid AIA Institution,” Law360.com (Oct. 11, 2019).
Admissions
California (1997) (inactive)
District of Columbia (1998) (inactive)
Virginia (2001)
Admitted to practice before the United States Patent & Trademark Office (1998)
U.S. Court of Appeals for the Federal Circuit (1998)
U.S. Court of Appeals for the Fourth Circuit (2003)
U.S. District Court for the Eastern District of Virginia (2001)
U.S. District Court for the Central District of California (1998)
U.S. District Court for the Northern District of California (1998)
U.S. District Court for the Southern District of California (1998)
U.S. District Court for the District of Maryland (2009)
U.S. District Court for the Eastern District of Texas (2011)
U.S. District Court for the Western District of Texas (2020)
