Bryan Kohm practices intellectual property litigation, with a focus on representing high technology and life science companies in patent infringement and trade secret misappropriation disputes. Bryan has experience in a wide variety of venues throughout the country, including federal and state courts, the International Trade Commission, and the Court of Appeals for the Federal Circuit.
Bryan has been recognized as a "Rising Star" in the area of IP Litigation by Northern California Super Lawyers in 2013 and 2014. He also serves as co-chair of the American Bar Association’s Committee on Intellectual Property Litigation.
His representative matters include:
- In re: Cray – Bryan helped lead the team representing Cray in its petition for writ of mandamus after Judge Gilstrap of the Eastern District of Texas denied Cray’s transfer motion in a patent infringement case. The team successfully overturned the four-factor test used by the Eastern District of Texas, leading to the landmark decision on what is considered a “regular and established place of business” and establishing that a defendant must have a physical location in the district in order for the venue to be proper.
- In re Papst Licensing GMBH & CO. KG – Bryan represents Hewlett-Packard Company in a patent action filed by Papst Licensing relating to digital cameras.
- Riverbed Technology, Inc. v. Silver Peak Systems, Inc. – Bryan served as second chair for Silver Peak in a jury trial, resulting in a verdict of infringement by Riverbed of two of Silver Peak’s patents. The case began when Riverbed filed a complaint against competitor Silver Peak, asserting infringement of a number of its patents. Silver Peak counterclaimed with its own patents. After successfully staying Riverbed’s claims pending reexamination, Bryan assisted Silver Peak in turning the tables on Riverbed by obtaining a summary judgment of direct infringement of one patent and a jury verdict of indirect infringement of the same patent, as well as of direct and indirect infringement of a second patent.
- Rothschild Location Technologies, LLC v. Webtech Wireless, Inc. – Represented Webtech Wireless in claims brought by a prolific non-practicing entity alleging infringement by Webtech Wireless’s fleet tracking system. Bryan obtained a dismissal without any compensation being paid prior to discovery.
- In the Matter of Certain Biometric Scanning Devices – Bryan served as trial counsel in the defense of a Korean manufacturer of fingerprint detection devices in an investigation pending before the International Trade Commission. The matter is widely recognized for raising novel issues relating to the scope of the ITC’s authority to issue exclusion orders where the underlying violation was based on a finding of induced infringement. The issue was eventually decided by a 6-4 vote of the United States Court of Appeals for the Federal Circuit sitting en banc.
- In the Matter of Certain Laundry and Household Cleaning Products and Related Packaging – Represented Industrias AlEn, S.A. C.V. and AlEn USA, LLC in an ITC investigation brought by Clorox involving claims of trademark infringement and dilution. The matter settled on favorable terms, resulting in AlEn’s continued ability to import its cleaning products including the disputed Pinol branded laundry products.
- The Laryngeal Mask Company Ltd. et al. v. Ambu A/S et al. – Bryan represented Ambu, a leading manufacturer of medical devices, in a patent infringement action brought by a competitor. Bryan assisted Ambu in obtaining summary judgment of non-infringement and invalidity.
- St. Clair Intellectual Property Consultants v. Samsung Electronics Co. Ltd. et al. – Bryan represented Hewlett-Packard Company in a patent infringement action filed by St. Clair Intellectual Property Consultants relating to digital cameras. The matter was resolved with HP winning summary judgement of non-infringement.
- Select Notifications Media, LLC v. OpenDNS, Inc. – Bryan represented OpenDNS in a patent infringement action filed by Select Notifications Media relating to software for redirecting failed domain lookup traffic. The matter resolved very favorably for OpenDNS following a Markman hearing.
- BrandPort, Inc. v. Virgin Mobile USA, LLC – Bryan assisted Virgin Mobile in obtaining a complete defense victory in a trade secret action. BrandPort filed suit alleging that Virgin Mobile misappropriated 55 of its trade secrets disclosed in a request for proposal process.
- HBAC Matchmaker Media, Inc. v. Ustream, Inc. – Bryan represented Ustream in a patent infringement action filed by HBAC Matchmaker Media relating to targeting of video advertisements. Bryan negotiated a dismissal without prejudice in favor of Ustream without any compensation being provided to HBAC Matchmaker Media.
- Sirona Dental Systems, Inc. v. Dental Imaging Technologies Corp. – Bryan represented Dental Imaging Technologies in the defense of patent infringement claims by its competitor Sirona Dental Systems and the California Institute of Technology directed to dental radiography sensors. The matter was successfully resolved prior to trial.
During law school, Bryan served as an editor for the Santa Clara Computer & High Technology Law Journal.