Brandon Theiss

Brandon Theiss is a patent litigation attorney with a technology-first approach, serving as a shareholder at Volpe Koenig. He has extensive experience across the complete patent lifecycle, combining his legal practice with a background in industrial engineering. Theiss focuses his practice primarily on medical devices, cloud computing, big data analytics, Open Source Software, Payment Technologies, Computer Security, Automotive Systems, Fintech, CPU/GPUs, and Network Security, and is recognized as an expert on patent eligibility under 35 U.S.C. 101.

In his patent litigation practice, Mr. Theiss predominantly represents defendants. His tracked appearances reflect a defense-side focus, notably representing American Airlines Inc. and Southwest Airlines Co. against Intellectual Ventures I LLC in multiple Inter Partes Review (IPR) proceedings. While he also leads licensing campaigns and engages in patent monetization strategies, his litigation profile indicates a preference for defending operating companies.

Theiss is highly active in PTAB proceedings, dedicating a significant portion of his practice to post-grant challenges and actively growing Volpe Koenig's IPR practice area. He served as Respondent Counsel in the American Airlines Inc. et al. v. Intellectual Ventures I LLC IPRs, where he represented the petitioners. Although institution was ultimately denied in IPR2025-00785, a Director Discretionary Decision had previously referred the petitions to the Board for merits consideration, rejecting the patent owner's request for discretionary denial. His proficiency in validity challenges is further evidenced by his role as an adjunct professor at Villanova School of Law teaching patent prosecution and his work with students to assess patent validity against issued patents.

Mr. Theiss earned his J.D. from Rutgers University School of Law, complementing his technical background with an M.S. in Industrial & Systems Engineering, a B.S. in Electrical & Computer Engineering, and a B.A. in Physics, all from Rutgers University. He is also a co-author of "FDA and Intellectual Property Strategies for Medical Device Technologies".