Patent litigation attorney
Brandon G. Smith
3 tracked appearances — 2 plaintiff · 1 defendant.
Specialty & background
Brandon G. Smith is an experienced patent litigator with a practice focused on intellectual property disputes across various technology sectors, including medical devices, consumer products, life sciences, retail, and software. His background in biomedical engineering provides a strong foundation for addressing complex technical challenges in patent, trademark, copyright, trade secret, false advertising, and unfair competition matters. He regularly advocates for clients in federal district courts, US Courts of Appeals, and the US International Trade Commission.
Throughout his career, Mr. Smith has represented both plaintiffs and defendants in patent litigation. Notably, he was part of the legal team that secured a complete defense victory for Lululemon USA Inc. against Nike, Inc. in a high-stakes patent dispute in the Southern District of New York. This case, involving Nike's allegations of infringement related to Lululemon's Mirror home gym and "Flyknit" footwear technology, saw a $355,000 jury verdict against Lululemon ultimately kicked out, and the subsequent Federal Circuit appeal dismissed. He also appeared pro hac vice for Lululemon as a petitioner in an Inter Partes Review (IPR) challenging a Nike patent before the Patent Trial and Appeal Board (PTAB).
Mr. Smith is currently a Partner at Morgan, Lewis & Bockius, which he joined in February 2025 as part of a five-partner intellectual property litigation team from Knobbe, Martens, Olson & Bear. Prior to joining Morgan Lewis, he was a partner at Knobbe Martens, having been promoted to partner there in January 2022. His practice includes active involvement in post-grant proceedings at the USPTO, including IPRs.
He earned his J.D., magna cum laude, from the University of San Diego School of Law in 2015, and a B.S. in biomedical engineering from California Polytechnic State University in 2012. He is admitted to practice in California and before the US Courts of Appeals for the Federal, Fifth, and Ninth Circuits, as well as several US District Courts in California.
Firms
Roles
- Pro Hac Vice1
- Counsel for Plaintiff1
- Partner1
Cases (3)
- π plaintiffLululemon USA Inc. v. Nike, Inc.Knobbe, Martens, Olson & Bear · Pro Hac Vice
- π plaintiffNike, Inc. v. Lululemon USA Inc.Counsel for Plaintiff
- Δ defendantNike, Inc. v. Lululemon USA Inc.Morgan, Lewis & Bockius · Partner