Brandon Baum  Partner

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Experience 
Intellectual property litigator Brandon Baum represents industry leaders in telecommunications and computer hardware and software as a partner in the Palo Alto office of Mayer Brown.  He combines a superb understanding of the patent laws, practical knowledge of the high technology and computer industries, and extensive jury trial experience.  Brandon has served as lead counsel in patent cases, Markman hearings, mediation, and arbitrations, and has been first chair in numerous jury and court trials.  He has litigated disputes involving such technologies as telecommunication devices (hardware and software), thin films, computer methods and software, microprocessors, smartcards, biotechnology, computer aided design (CAD), Java™, medical devices, cryptography, and GPS devices.

In addition to his IP litigation practice, Brandon advises clients on many other areas of intellectual property including patent, trademark, copyright and trade secret law, and intellectual property asset management and counseling.  For example, he has served as co-lead counsel for several patent portfolio enforcement programs. 

Brandon joined the firm as a partner in 2005, having previously been a partner at Cooley Godward and served for nearly a decade as prosecutor.  Since 2001 he has also served as Adjunct Professor of Law at U.C. Hastings, teaching patent litigation. 

Notable Engagements 
Representative matters (party represented in bold):

• Cryptography Research v. VISA International (N.D. Cal.) Defense of Visa International against patents allegedly covering cryptographic protection of smartcards.
•  FusionArc, Inc. v. Pay by Touch (N.D. Cal.) Defense of payment processor against patent allegedly covering biometric payment system. 
• Regents of the University of Texas v. Kyocera Wireless, et al. (W.D. Tex.) Defense of cellular handset manufacturers against patent allegedly covering predictive text entry.
• IpVenture v. Prostar Computer, et al. (C.D. Cal.) Successful defense of computer manufacturers against patent on methods for thermal and power management (ACPI).  
•  Nazomi v. ARM Ltd. (N.D. Cal.) First chaired enforcement of a patent covering Java™ acceleration hardware for embedded devices.
• Procter & Gamble v. Clorox (S.D. Ohio) Assumed first chair defense of Clorox near close of discovery in a dispute involving an article of manufacture patent for P&G's Febreze™ and quickly assembled expert opinions, damage analysis, and invalidity defense. Prepared for and participated in successful mediation.
• Ericsson v. Qualcomm (E.D. Tex.) Defended three patents asserted by the plaintiffs, involving telecommunications authentication algorithms. Claims were dismissed after non-infringement and invalidity positions were disclosed in summary judgment motion.
• IDEC Pharmaceuticals v. Corixa Corp., (S.D. Cal.) Defeated patent infringement claims regarding treatment for lymphoma, resulting in favorable settlement.
• BTG v. Qualcomm (E.D. Pa.) Responsible for non-infringement and invalidity analysis, expert reports, Markman briefing, and presentation. Case dismissed with prejudice after Markman ruling showed no possibility of infringement involving CDMA transmission and reception methods.
• CIDCO v. ActiveVoice (N.D. Cal.) First chaired patent infringement case involving email appliances. Successfully forced plaintiff's patent into reexamination while asserting client's patent in a counterclaim. Following Markman decision, plaintiff agreed to pay damages and provide a royalty-free license to its asserted patent.
• Hedgcoth v. HMT (N.D. Cal.) Successfully established that plaintiff did not own a disk drive manufacturing process patent due to usurpation of corporate opportunity. Case settled without payment.
• Murex Licensing Corp. v. Vicinity (E.D.Va.) Enforced patent portfolio covering geographic information systems against numerous providers of online location services.
• Nvidia v. Microsoft (S.D.N.Y.) 5-day arbitration concerning the performance of graphics chips used in the Xbox.  
• Cadence v. Avant! (N.D. Cal.) Successfully resisted antitrust counterclaim and guided client through process of criminal prosecution in this trade secret misappropriation involving computer-aided design of ICs.  Represented third party Keker & Van Nest in criminal case.
• Hedgcoth v. IBM (not filed) Retained by IBM to respond to infringement claim after successful defense of earlier litigation involving same patent.
• Photon Dynamics v. Alsa Corporation (N.D. Cal.) Patent infringement, flat panel display. Responsible for pre-filing infringement analysis and validity study.
• Qualcomm v. Hewlett-Packard (San Diego Sup. Ct.) Patent infringement indemnification agreement.
• IPLearn cases (N.D. Cal) Enforcement of e-learning software patent portfolio against major e-learning companies.
• Perfect 10 v. iBill, 71 U.S.P.Q.2d 1568 (C.D. Cal. 2004) Obtained summary judgment for online payment provider against copyright infringement allegations.
• Artecon v. Zappula (Santa Clara Sup. Ct.) Trade secret misappropriation. Handled expedited discovery, obtained preliminary injunction.
• Cadence v. Cooper & Chyan Technology (Santa Clara Sup. Ct.) Breach of license agreement/trade secret misappropriation for CAD software. Led to successful merger of parties on eve of preliminary injunction hearing.
• Quantum v. Magnecomp (Santa Clara Sup. Ct.) Trade secret misappropriation, disk drive suspension arm. Obtained preliminary injunction order from the bench at the hearing.
• Applied Biosystems v. Pharmacia (N.D. Cal.) Patent infringement. Process for purifying oglionucleotides.
• Evergreen, et al. v. GATX (N.D. Cal.) Aircraft design defects. Responsible for presenting damages case at jury trial. Plaintiffs were awarded less than 5% of claimed damages despite finding of liability for fraud.
• JumpSport v. Global Sports Interactive (N.D. Cal.) Defense of patent infringement involving trampoline enclosures.

more...

Education 
University of California, Hastings College of Law, JD, 1985 • University of California, Berkeley, BA, 1982

Admitted

• California, 1985
• United States Supreme Court
• US Court of Appeals, Ninth Circuit
• US Court of Appeals, Federal Circuit