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Brian J. Arnold

Associate
+1.312.558.7388
Fax +1.312.345.9998
Brian J. Arnold concentrates his practice in intellectual property related matters, including litigation, appeals, counseling, due diligence and opinion work. His background is in computer science, and his experience includes work in the fields of computer systems and software, computer memory, digital cameras, overvoltage protection, land surveying and mapping, scanning and measuring devices, gaming devices, medical devices, automotive parts, pharmaceuticals, and stem cell technology.

Prior to becoming a lawyer, Mr. Arnold worked as a software developer in the dot-com, automobile manufacturing, and insurance industries for over seven years where he was responsible for database and software design and development using numerous technologies, including Java, C++, C#, C, VB.Net, JavaScript, PHP, XML, Oracle, and SQL Server among others.

Mr. Arnold has extensive experience in Section 337 investigations before the U.S. International Trade Commission (ITC) having been involved in numerous investigations representing both Complainants and Respondents. He has also litigated in many federal courts, including the Northern District of California, Eastern District of Texas, Northern District of Texas, Northern District of Illinois, and the District of Maryland, among others. He is also experienced in appellate practice before the Court of Appeals for the Federal Circuit and Court of Appeals for the Ninth Circuit.

Mr. Arnold is experienced in many facets of patent litigation, including all phases of fact and expert discovery, preliminary injunctions and temporary restraining orders, summary judgment, post-trial motions, claim construction, focus studies, and trial practice. He has been involved in multiple jury trials.

Professional Background

Prior to becoming a lawyer, Mr. Arnold worked as a software developer in the dot-com, automobile manufacturing, and insurance industries for over seven years where he was responsible for database and software design and development using numerous technologies, including Java, C++, C#, C, VB.Net, JavaScript, PHP, XML, Oracle, and SQL Server among others.

During law school, Mr. Arnold served as an extern for the Honorable Martin C. Ashman, U.S. Magistrate Judge for the Northern District of Illinois. Also during law school, he worked for a Chicago-based law firm as a law clerk and technical advisor on patent prosecution and litigation matters.

Speaking Engagements

  • Panelist in IPLS Patent Lunch Panel Discussion: Egyptian Goddess v. Swisa at  Chicago-Kent College of Law, November 2008
  • Presenter at E-Discovery seminar on identifying and mapping client’s computer systems information
  • Trial counsel for defendant Sigma International in a two-week jury trial in the Southern District of California resulting in a verdict of non-infringement of a patent relating to intravenous infusion pump technology. The plaintiff sought over $170,000,000 in damages and a permanent injunction.
  • Counsel for Google Inc. in patent infringement action in the Northern District of California, No. 11-cv-05766, in a case involving the Android smartphone operating system and the Android Market.
  • Counsel for T-Mobile USA, Inc. in matters relating to smartphone technology. Prepared an amicus brief regarding public interest factors surrounding possible entry of a preliminary injunction in a patent infringement action in Northern District of California involving Apple, Inc. and Samsung Electronics America, Inc. Prepared public interest statement in an investigation at the ITC in In re Certain Personal Data and Mobile Communication Devices, Inv. No. 710. Citing T-Mobile’s statement, the ITC Commission gave wireless carries a four-month transition period to import accused smartphones.
  • Counsel for Baxter International Inc. for a two-week patent infringement jury trial in the Northern District of California.  Related to the trial, he drafted numerous briefs including post-trial motions regarding the validity of multiple patents for hemodialysis machine technology that secured a complete victory for the client.  Also a key member of the trial team for a related damages trial that resulted in a jury verdict of almost $17 million for infringement of three patents and a grant of a permanent injunction against the client’s main competitor.
  • Counsel for Eastman Kodak Company in multiple current patent infringement matters against Apple, Inc. and Research In Motion (RIM) in the ITC and various district courts across the U.S. The numerous matters center on digital camera technology. The ITC investigation is In re Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, Inv. No. 337-TA-703. 
  • Counsel for Complainant Hexagon Metrology Inc. in an investigation at the ITC in In re Certain Articulated Coordinate Measuring Arms & Components Thereof, Inv. No. 337-TA-684. Case settled favorably for client.
  • Counsel for all Respondents in an investigation at the ITC in In re Certain Automotive Parts, Inv. No. 337-TA-651regarding design patents on automotive parts.  Case settled favorably for clients.
  • Counsel for Eastman Kodak Company in an investigation at the ITC in In re Certain Digital Imaging Devices and Related Software, Inv. No. 337-TA-717.
  • Represented Respondents on appeal to the Federal Circuit from a final decision of the ITC regarding patents directed to automotive parts. Case settled favorably for clients.
  • Filed an Amicus Brief for the Federal Circuit’s rehearing en banc in Egyptian Goddess, Inc. v. Swisa, Inc.
  • Counsel for CorePharma LLC in defeating patent holder’s attempt to enjoin introduction of pharmaceutical for treatment of kidney stones.
  • Counsel for Nestlé Prepared Foods Co. in successfully blocking competitor’s national roll-out of products that infringed patent rights.