Brian Ervin Simmons

Brian Ervin Simmons is an experienced intellectual property attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing (AZA), focusing on patent and trade secret litigation, patent counseling, and IP due diligence. His practice spans a diverse range of complex technologies, including chemical arts (ethylene oxide, acetic acid catalysts, polymers, pharmaceuticals, oil and gas, medical devices) and non-chemical areas such as interactive voice response systems, semiconductor manufacturing processes, speech/audio compression, and other computer and software-related technologies. Before entering law, he worked as a senior research chemist for Dow Plastics, specializing in polymer design and processing.

While the provided case data indicates one plaintiff-side appearance in patent litigation, Simmons' broader experience includes representing both patent owners and defendants. He served as counsel for the plaintiff in Wapp Tech Limited Partnership et al. v. Bank of America Corporation, a case involving mobile application development and testing technology that resulted in a $172 million jury verdict for the plaintiffs. He has also represented defendants such as Shell in patent infringement actions concerning ethylene oxide catalysts, which involved two trials and two appeals to the Federal Circuit before settling. Additionally, he defended numerous companies, including Continental Airlines, Discover Financial Services, Verizon, GE, GM, and Ford, in extensive multi-district litigation related to interactive voice communication systems, which also resulted in favorable settlements.

Simmons is "Of Counsel" at AZA. The firm maintains a recognized practice before the Patent Trial and Appeal Board (PTAB), with a 2018 study ranking AZA as a top-performing firm nationally in Inter Partes Review (IPR) cases for both overall activity and patent owner representation. The Wapp Tech case itself saw related IPR proceedings which were terminated.

Brian E. Simmons earned his J.D. from the University of Houston Law Center in 1997 and was admitted to the bar in 1998. He has been recognized by Super Lawyers for 2024-2026 and is a Life Fellow of the Texas Bar Foundation.