Brian G. Arnold

Brian Arnold is an experienced intellectual property lawyer and is of counsel in Lewis Roca's Intellectual Property Practice Group. Brian focuses on securing IP rights and resolving IP controversies for all clients, from individuals to small companies to multi-national corporations. He represents clients in IP negotiation, licensing, and litigation throughout the United States. Brian has decades of experience litigating before federal district courts and appellate courts, the Patent Trial and Appeal Board, and the U.S. International Trade Commission.

Brian represents companies in patent litigation and other IP matters across numerous industries and technologies, including athletic performance technology, automotive service equipment, computer software and storage devices, computer imaging systems, cotton, electronics, entertainment, firelogs, food and wine, gaming devices and systems, hospitality, laser amplifiers, medical devices, optical displays, personal healthcare, physical therapy technology, digital audio technology, retail security devices, and spinal instrument systems.

Brian has served as lead counsel on numerous cases, managing teams of lawyers and staff, drafting briefs, arguing motions, leading trial teams, and preparing key personnel to testify in depositions and at trial. He is seen as a trusted advisor, identifying key issues and providing counsel to senior leadership and boards of directors regarding IP strategy.

More About Brian G. Arnold

Education

• J.D., Loyola Law School, Los Angeles, 1996
• M.A., Education, Claremont Graduate University, 1992
• B.A., Mathematics, Pomona College, 1990

Bar Admissions

• California, 1996

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Tenth Circuit
• U.S. Court of Appeals, Federal Circuit
• U.S. District Court, Central District of California
• U.S. District Court, Northern District of California
• U.S. District Court, Southern District of California
• U.S. District Court, District of Delaware
• U.S. District Court, District of Nevada
• U.S. District Court, District of New Hampshire
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Western District of Tennessee
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Western District of Wisconsin

Community

• Los Angeles Intellectual Property Law Association, President, 2011-2012; Board Member, 2006-2013
• State Bar of California, Intellectual Property Law Section, 1999-present
• USC Gould School of Law Intellectual Property Institute, Planning Committee, 2012-2017
• Intellectual Property Owners Association, Member, Litigation Committee, 2010-2015
• American Intellectual Property Law Association, Member, Patent Litigation Committee, 2008-2012
• Alliance for Children's Rights, 2001-present
  • Pro Bono representation of adoptive parents in over 100 foster care adoptions
• Young & Healthy, Board Member, 2014-2017

Representative Matters

Litigation Experience

• Illinois Tool Works v. Chicago Laminating (N.D. Ill., 2020-present)
  Lead attorney representing ITW in patent litigation regarding laminated foils used in credit cards and other applications.
• Advanced Transactions v. Fiesta Mart, Chedraui, Smart & Final (W.D. Tex., 2022 ~ favorable settlement)
  Lead attorney representing all defendants in patent infringement litigation involving eight e-commerce patents. Obtained favorable settlement at early stage in litigation for all defendants.
• Hyper Ice v. MerchSource, LLC d/b/a/ Sharper Image (PTAB and C.D. Cal., 2021-2022 ~ favorable settlement)
  Managed team of attorneys representing Hyper Ice in litigation regarding patent for percussive massage device. Reached favorable settlement for Hyper Ice after defeating MerchSource’s IPR Petition.
• Certain Percussive Massage Devices (ITC, 2020-2021 ~ victory ~ General Exclusion Order)
  Managed team of attorneys representing Hyper Ice, the Complainant in an ITC Investigation involving infringement of one utility patent and two design patents for therapeutic percussive massage devices. Secured rare general exclusion order, allowing Customs & Border Patrol to seize all infringing devices at the border.
• Shenzhen Shufang Innovation Technology v. Hyper Ice (PTAB, 2020-2021 ~ favorable settlement)
  Represented Hyper Ice in post-grant review involving patent for therapeutic percussive massage devices.
• Hyper Ice v. Theragun (C.D. Cal., 2020-2021 ~ favorable settlement)
  Represented Hyper Ice in litigation regarding patent for vibrating fitness roller.
• Theragun v. Hyper Ice (C.D. Cal., 2020 ~ favorable settlement)
  Represented Hyper Ice in litigation regarding design patent for percussive massage device.
• Spigen Korea v. Ultraproof (C.D. Cal., 2018-2021; Fed. Cir. 2019-2020 ~ prevailed on appeal)
  Represented Spigen in two consolidated cases regarding utility and design patents for mobile phone cases.
• Mobile Tech Inc. v. InVue (C.D. Cal. & W.D.N.C. 2017-2018 ~ favorable settlement)
  Represented Mobile Tech in litigation regarding patent for retail security devices.
• Luxe Hospitality Company v. Preferred Hotel Group (C.D. Cal., 2017-2018 ~ favorable settlement)
  Represented Luxe in trademark litigation regarding the hospitality industry.
• The Ivy Tutor v. College-Connections (C.D. Cal., 2017-2018 ~ favorable settlement)
  Represented College-Connections in litigation involving the Digital Millennium Copyright Act.
• Tradeline v. Supima (I.C.D.R., 2016-2018 ~ arbitration victory)
  Represented Supima in complex arbitration regarding trademark license agreement in the cotton industry.
• Jacino v. Illinois Tool Works (E.D.N.Y., 2016-2017 ~ favorable settlement)
  Represented Illinois Tool Works in copyright litigation involving windshield repair kits. Prevailed on six out of seven claims on summary judgment, and reached favorable settlement of remaining claim.
• Unibeam Photonics v. Ondax (E.D. Tex., 2015-2016 ~ favorable settlement)
  Represented Ondax in patent litigation involving laser filters.
• Superior Communications v. Voltstar Technologies (Fed. Cir., 2015-2016)
  Represented Superior Communications in appeal of PTAB decision regarding power adapters.
• Lindora v. Isagenix International Products Export (S.D. Cal., 2015-2016 ~ favorable settlement)
  Represented Isagenix in trademark infringement action regarding nutrition products.
• Duraflame v. Hearthmark dba Jarden Home Brands (N.D. Cal., 2011-2016 ~ favorable settlement)
  Represented Duraflame in patent infringement and false advertising action involving artificial firelogs.
• Children Oral Care v. United Exchange (C.D. Cal., 2014-2015 ~ favorable settlement)
  Represented Children Oral Care in a patent infringement action involving toothbrushes.
• Interconnect Devices v. Johnstech International (N.D. Cal., 2014-2015 ~ favorable settlement)
  Represented Interconnect Devices in a patent infringement action involving test sockets for integrated circuits.
• Illinois Tool Works v. MOC Products (S.D. Cal., 2009-2015 ~ trial victory and favorable settlement)
  Represented ITW in patent infringement action involving machines for servicing automotive transmission systems and engine intake systems. After a nearly four-week trial, obtained jury verdict totaling $5.55 million for MOC’s willful patent infringement, later enhanced to nearly $9 million. Successfully settled the dispute while MOC’s appeal was pending.
• EBS Automotive Services v. Illinois Tool Works (S.D. Cal., 2009-2012 ~ favorable settlement)
  Defended Illinois Tool Works in a patent infringement action involving an automated system and methods for flushing and refilling automotive braking systems. Reached favorable settlement on eve of trial.
• Mallinckrodt v. E-Z-EM (E.D. Tex., 2007-2009 ~ favorable settlement)
  Represented Mallinckrodt Inc. and Liebel-Flarsheim in patent infringement action against E-Z-EM involving programmable injectors and systems for use with medical imaging devices.
• Tyco Healthcare v. Medrad (W.D. Pa. & S.D. Ohio, 2007-2009 ~ favorable settlement)
  Represented Tyco Healthcare, Mallinckrodt and Liebel-Flarsheim in five patent infringement actions against a major competitor, Medrad, involving programmable injectors and systems for use with medical imaging devices.
• Bally Gaming v. IGT (D. Nev., 2006-2008 ~ summary judgment victory, affirmed on appeal)
  Represented IGT in patent infringement action involving gaming technology. Obtained summary judgment invalidating Bally’s patent-in-suit.
• Apple Computer v. Creative Labs (2006 ~ favorable settlement)
  Represented Apple in several patent infringement actions against Creative Labs in district courts in California, Texas, and Wisconsin and before the U.S. International Trade Commission, involving Apple’s iPod user interface and Creative’s hardware and software products. Lead attorney for California and Texas cases.
• Presstek v. Creo (D. Del., 2005-2008 ~ favorable settlement)
  Represented Creo in patent litigation in the District of Delaware involving printing technology and computer imaging systems. Obtained favorable result in bench trial and successfully settled thereafter.
• Medtronic Sofamor Danek v. Dr. Gary Michelson (W.D. Ten., 2003-2007 ~ trial victory followed by favorable settlement)
  Member of the trial team that represented Dr. Gary Michelson and obtained a jury verdict of $560 million against a large medical device company, following a three-month jury trial and findings of breach of various licensing agreements and patent infringement on all six asserted patents related to spinal instrument systems. Featured in The American Lawyer and Corporate Counsel. Reached favorable settlement of $1.35 billion for our client.
• I-O Data Device USA v. SimpleTech (C.D. Cal., 2004 ~ favorable settlement)
  Represented I-O Data in litigation involving memory stick technology and patents for flash memory mass storage architecture.
• Mars v. H.J. Heinz Company, Del Monte Corporation (2001-2003 ~ summary judgment victory)
  Represented the defendants (H.J. Heinz Company L.P., Heinz Management Company, and Del Monte Corporation) in a patent infringement lawsuit brought by Mars, Inc. involving pet food products.

Transactional Experience

• Patent and Trademark Licensing – Entertainment Industry (2015-Present)
  Represent entertainment companies in patent and trademark licensing.
• Patent Licensing – Consumer Electronics (2006-Present)
  Represent licensors in licensing of patents regarding hardware and software for consumer electronics.
• Trademark Licensing – Wineries (2005-Present)
  Represent wineries in trademark licensing.
• Patent Portfolio Sale – Computer Software and Display Systems (2013)
  Represented seller in complex transaction involving more than a dozen patents covering computer display systems and related software.
• Patent Licensing – Automotive Technology (2008-2012)
  Represented licensee in patent license involving automotive technology.
• Patent Licensing – Medical Devices (2006-2011)
  Represent licensors in patent licenses involving medical devices.

News

Publications