Patent litigation attorney

Brian E. Lutness

3 tracked appearances — 3 plaintiff · 0 defendant.

Specialty & background

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Brian E. Lutness — patent litigation summary

Specialty / focus. Lutness is a Delaware litigator whose patent practice is narrow and role-specific: he serves as Delaware local counsel for out-of-state patent plaintiffs filing in the District of Delaware. His own stated practice focus is personal injury, workers' compensation, medical malpractice, premises/construction liability, and lemon law; patent docket work is an ancillary local-counsel function rather than a technology-driven specialty. The subject matter he touches is broad and typical of NPE assertion campaigns — emergency caller location and telephone display technology (Lab Technology), video/media patents (Gamehancement's U.S. 7,102,643), telecommunications and networking (Patent Armory; Calibrate Networks v. Docker), payment and contact-center software (Payvox; ReadyComm v. Talkdesk), and event ticketing (TicketMatrix v. On Location Events). He does not appear to handle standards-based Wi-Fi, pharma, or mechanical patent work.

Side preference. Exclusively plaintiff/assertion side. All three tracked appearances are plaintiff-side, and public dockets show him filing and prosecuting complaints for a series of non-practicing-entity plaintiffs — Lab Technology LLC, Gamehancement LLC, Patent Armory Inc., NetMomentum LLC, Payvox LLC, ReadyComm LLC, Calibrate Networks LLC, PanoVision LLC, and TicketMatrix LLC. There is no tracked defense-side patent work. He is frequently paired with Rabicoff Law's Isaac Rabicoff, the Texas-based pro hac vice counsel on several of these filings.

Firm context. He is a partner at Silverman, McDonald & Friedman, a small Delaware civil firm (offices in Wilmington, New Castle, Seaford, and Rehoboth Beach) that is the sole firm in the tracked data. Directory profiles list earlier experience as an associate at Melli & Wright and a clerkship with Judge Fred Silverman of the Delaware Superior Court. No in-house role.

Notable cases / outcomes. The tracked matters are the three Lab Technology suits (Everbridge, MetTel, Greenlight Financial), asserting emergency-location/notification patents (U.S. 8,503,973 and 9,219,982). Outcomes across his NPE docket are dominated by early exit rather than adjudication: Lab Technology v. Everbridge was dismissed without prejudice under Rule 41(a)(1)(A)(i) roughly four weeks after filing, before the defendant answered; the Patent Armory cases against Principal Financial and NWN were dismissed by stipulation in December 2025; and ReadyComm v. Talkdesk was dismissed with prejudice in February 2026. One exception is Lab Technology v. Greenlight Financial, which produced a written District of Delaware opinion addressing § 101 eligibility, including a representative-claim and Alice step-one analysis; the opinion should be read directly to confirm the disposition.

PTAB / IPR. No evidence of PTAB, IPR, or PGR appearances was found. His patent work is district-court local counsel work only.

Bar / education. Admitted in Delaware and New Jersey and to the U.S. District Court for the District of Delaware; J.D., Pace University School of Law; B.A., University of Delaware (per firm website and directory profiles).

Note: this attorney should not be confused with King & Spalding's Brian Eutermoser, a genuinely patent-focused litigator with substantial PTAB experience.

Firms

Roles

  • local counsel3

Cases (3)