Brandon Avers handles high-stakes patent disputes from pre-suit investigation through jury trial. Drawing on his background in mechanical and aerospace engineering, his practice centers on mechanical and electromechanical technologies, spanning technologies from 3D printers to flash memory, baby bottles, and stoplights. He also handles trade secret, trademark, and commercial litigation.
Brandon has substantial courtroom experience at every stage of a case. As a member of the trial team in a multi-patent jury trial in the Eastern District of Texas involving 3D printers, he served as lead associate on two asserted patents. He drafted the invalidity and non-infringement expert reports, prepared expert direct and cross-examination materials and closing demonstratives, and argued for judgment as a matter of law. He has argued claim construction at two Markman hearings, including one in which he was the only attorney presenting for the client. He has also argued motions in limine and appeared at case management conferences. In discovery, he has taken fact, Rule 30(b)(6) and third-party depositions and has defended an expert deposition.
Brandon's written advocacy spans early-stage motions, claim construction and summary judgment briefing, preliminary injunction motions, and Federal Circuit and state appellate briefs. Before the Patent Trial and Appeal Board (PTAB), he has drafted inter partesreview petitions and supporting expert declarations, and he coordinates district court invalidity contentions with parallel PTAB proceedings.
Brandon also runs cases and drives early resolutions. He serves as day-to-day case lead and primary client contact in a multi-forum commercial dispute pending in federal and state court. In a trade secret matter, he prepared a complaint and preliminary injunction motion that produced a pre-suit resolution. On smaller matters, he has negotiated early dismissals and covenants not to sue under which his clients paid nothing.
Outside the office, Brandon enjoys spending time with his wife, spending time with his dog, and playing guitar.
