Brian E. Mitchell

Practice focus & side. Brian E. Mitchell is a San Francisco-based patent litigator whose tracked practice is entirely defense-side (3 of 3 appearances for defendants; 0 plaintiff-side), representing accused operating companies against patent assertion entities. His notable work centers on Realtime Data LLC's data-compression patent portfolio (U.S. Patent Nos. 7,415,530; 8,717,203; 8,933,825; 9,054,728; 9,116,908; 9,667,751; 10,019,458), where he served as counsel and lead counsel for defendants in Realtime Data v. Array Networks and Realtime Data v. Reduxio Systems (D. Del.). The practice is heavily concentrated in software and data-compression technologies and Alice/§ 101 subject-matter-eligibility motions practice; a chemistry undergraduate degree suggests technical depth beyond software.

Firm context. Mitchell is a partner at Mitchell & Company (styled Mitchell + Company), a boutique at 4 Embarcadero Center, San Francisco. Public sources confirm 29+ years of experience but do not reliably document prior law-firm affiliations, so any pre-Mitchell & Company history should not be assumed.

Notable cases & outcomes. In the tracked Realtime Data matters, Mitchell secured dismissal of infringement claims under 35 U.S.C. § 101 in the District of Delaware. Realtime appealed, and the Federal Circuit vacated the dismissal in Realtime Data LLC v. Reduxio Systems, Inc., 831 F. App'x 492 (Fed. Cir. 2020), faulting the district court's reasoning; Mitchell also entered an appearance as principal counsel for appellee Panzura in the related Federal Circuit appeal (No. 19-2202). Separately, on remand, the Delaware court again dismissed the patents on § 101 grounds in Realtime Data v. Array Networks. One recent, verifiable professional development: on August 27, 2026, the USPTO's Office of Enrollment and Discipline publicly reprimanded Mitchell in In re Brian E. Mitchell, Proceeding No. D2026-16 (settled July 2026) — the agency's first AI-predicated discipline order — for filing a claim construction chart containing generative-AI hallucinated citations to the intrinsic patent record in Magpul Industries Corp. v. Mission First Tactical Group, despite prompt correction and no court sanctions.

PTAB/IPR & credentials. No verified record of regular PTAB/IPR appearances was found in public sources. Mitchell is a California-barred attorney (admitted 1997) registered to practice before the USPTO, and holds a B.A. in chemistry (cum laude, Cal State Sacramento, 1992) and a J.D. (cum laude, University of San Francisco, 1997).