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Highlights

  • Over 17 years of experience litigating high-value patent infringement suits, drafting agreements, and managing patent portfolios.
  • Combines trial expertise with patent drafting, prosecution, and acquisition experience to build litigation-ready patent portfolios.
  • Significant expertise in subsea and surface oil and gas technologies, security systems, and innovative building products.

About Bret

Bret’s well-rounded practice focuses on patent litigation, with additional experience in patent prosecution and counseling, negotiating complex IP agreements, as well as conducting post-grant proceedings before the Patent Trial and Appeal Board (PTAB) and Section 337 proceedings before the International Trade Commission (ITC). With a background in mechanical engineering and work experience with telecommunications technology and steel casting and rolling, he has developed expertise in both subsea and surface oil and gas exploration and production technologies. He also has significant experience with building products and systems, security and monitoring systems, banking and payments systems, telecommunications, semiconductor manufacturing, lithography systems, computer software, orthopedic medical devices, and other e-commerce technologies.

Bret spends much of his time litigating high-value patent infringement suits, including hard-fought competitor suits. Bret has developed proven strategies that he has used to achieve clients’ goals in a wide variety of forums, including federal district courts, the PTAB, and the ITC, while also seeking to minimize litigation costs for his clients. These strategies can be variously employed when needed, including against competitors and non-practicing entities. Bret has led teams throughout Texas and in many other courts (e.g., Oklahoma, Arkansas, Delaware, California, North Carolina, Virginia, Florida, and Iowa).

Bret also uses his trial expertise to build litigation-ready patent portfolios for his clients through drafting, prosecuting, licensing, and acquiring patents in a variety of industries. He has prepared and prosecuted dozens of patent applications related to electro-mechanical devices, computer software, machining technologies, nuclear technologies, medical devices, consumer products, and electrical power supply and distribution systems. He also routinely advises clients on complex transactions involving IP, and helps them draft and negotiate licenses, acquire portfolios, develop enforcement plans, and draft many different types of agreements. He has analyzed patent portfolios in various technology spaces to better understand the existing patent claims’ depth and breadth, and how the portfolio could be tailored to both add value and better relate competitors’ business activities.

While focusing intently on his client’s business interests and goals, Bret stays abreast of industry trends and developments by regularly attending industry conferences and trade shows, and is always looking for ways to add value, depth, and understanding to his advice. Bret has presented multiple times at IPO Annual Meetings and conferences, and has been named a Super Lawyers “Rising Star.”

Speaking Engagements

“Shifting Sands: What is Discoverable and Admissible for Damages, Willfulness, and Other Purposes,” Intellectual Property Owners Association CLE, March 2011.

“The New E-Discovery Rules: What Lawyers Need to Know,” Intellectual Property Owners Association Annual Meeting, September 2006.

Select Publications

EDTX imposes early, tight limits on asserted patent claims and combinations of prior art references,” Fish Litigation Blog, November 2013.

“Discoverability of Expert Report Drafts,” Intellectual Property Owners Association, June 2008.

“Understanding and Applying the Newly-Approved Amendments to the Federal Rules of Civil Procedure Regarding E-Discovery,” Intellectual Property Owners Association, September 2006.

2011 Rising Star in Intellectual Property Litigation, North Carolina Super Lawyers Magazine.

2003 Eppa Hunton IV Memorial Book Award for the UVA School of Law graduate “who has demonstrated unusual aptitude in litigation courses and shown a keen awareness and understanding of the lawyer’s ethical and professional responsibility.”

Focus Areas
Education

J.D., University of Virginia School of Law (2003)


B.S. with distinction, Tau Beta Pi, Pi Tau Sigma, Mechanical Engineering, Iowa State University of Science and Technology (2000)

Admissions
  • U.S. Patent and Trademark Office 2003
  • North Carolina 2003
  • Texas 2012
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas

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