Brian Berliner

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Brian M. Berliner — O'Melveny & Myers LLP (Los Angeles)

Specialty / focus areas. Berliner is an IP litigator whose practice centers on patent disputes for technology companies, with O'Melveny describing his focus as electronics, computer hardware, software, communications, and Internet technology. He also litigates before the U.S. International Trade Commission (Section 337) and handles trademark litigation, clearance and registration, plus transactional IP work (licensing, technology transfer, due diligence). His firm bio notes he is Chair of O'Melveny's patent and trademark prosecution sub-practice. The single tracked appearance is in a consumer-products/mechanical space rather than a standards or life-sciences matter: Therabody Inc. v. Hyperice IP Subco LLC, part of the percussive-massage-device dispute involving patents such as U.S. 11,938,082 ("Massage Device Having Variable Stroke Length"). Notably, the technology areas in his docket (consumer electronics, semiconductors, displays) are broader than Wi-Fi/SEP or pharma work; no standards-essential-patent or life-sciences focus is sourced.

Side preference. Berliner's career work is predominantly defense-side for operating technology companies — the O'Melveny bio describes repeated defense of international consumer electronics and semiconductor clients, including competitor-versus-competitor patent cases — but he also handles offensive assertions (e.g., a seven-patent e-commerce case for a privately held e-commerce company, and AU Optronics matters). The tracked data show him at 1 plaintiff-side and 0 defendant-side appearances, as counsel for Therabody. There is no indication he works for NPEs/PAEs; his clients appear to be operating companies on both sides of disputes.

Firm context. Current firm is O'Melveny & Myers LLP, where he has been a partner in the Los Angeles office; sources (a 2011 peer review, 2013 PTAB filings, and current firm/Chambers listings) consistently place him there, and no prior law firm is identified in the materials reviewed. Prior to law practice he served as a U.S. Air Force Captain working on defense satellite systems acquisition and testing.

Notable cases, PTAB/IPR, and credentials. Verified results from his firm bio include: a rare defense jury verdict in the Eastern District of Texas for an international consumer electronics company on digital television patents (all patents non-infringed, two invalid, affirmed by the Federal Circuit); summary judgment of invalidity in the Southern District of Florida (video-image scaling) affirmed on appeal; a USITC Section 337 win for a semiconductor company on multilayer ceramic capacitors (no violation, no domestic industry); and a USITC digital-television win where the Commission found a patent invalid and the Federal Circuit reversed an infringement finding on the second patent. He is an active PTAB practitioner, named lead counsel in multiple IPR petitions (e.g., a Skechers petition, 2016) and as patent-owner lead counsel in IPR2013-00528 (Lake Cable), and he has authored Law360/practitioner commentary on PTAB practice. Bar/education: admitted in California (1991), D.C. (2016) and New York (2017); registered before the USPTO (Reg. No. 34,549); admitted to the Ninth, D.C. and Federal Circuit Courts of Appeals; Loyola Law School J.D. (1991), USC M.S. (1984), Northeastern University B.S. in Electrical Engineering (1981). This profile concerns the O'Melveny IP partner "Brian Mark Berliner," not other individuals who share the name.