Brian R. Nester

Brian R. Nester is a first-chair trial litigator specializing in patent and trade secret disputes, with extensive experience before the U.S. International Trade Commission (ITC) and district courts nationwide. His practice primarily focuses on complex technology areas, including semiconductor fabrication, circuit design, cryptography, telecommunications (3G, 4G, wireless), Flash, DRAM, photolithography, displays, disk drives, magnetic media, cooling systems, optical communication, Ethernet networks, video and graphics processing, and memory modules. Nester also possesses significant experience with standard essential patents (SEPs), as well as associated antitrust and FRAND-based breach of contract claims. He regularly represents clients in Inter Partes Review (IPR) and other Patent Trial and Appeal Board (PTAB) proceedings.

Nester works for prominent global technology companies, engaging in both plaintiff and defendant-side litigation. While the provided case list shows one plaintiff and one defendant appearance, his broader practice involves representing major operating companies such as SK hynix, Microsoft, Nokia, Alibaba, Research in Motion, Samsung, LGE, Seagate, Intel, ASUS, and Tyco. He often serves as lead counsel for these clients.

Currently a partner at Covington & Burling, Brian Nester joined the firm in June 2021, bringing 25 years of ITC litigation experience. Before joining Covington, he was a partner at Sidley Austin. His notable engagements include successfully prosecuting patent infringement claims for Intel against Altima Communications, resulting in an exclusion order, and defending ATI Technologies, Inc. against Cirrus Logic, Inc., where ATI prevailed on all claims. He represented Microsoft Corporation as a complainant in an ITC action, leading to an infringement finding affirmed by the Federal Circuit, and defended Nokia and Microsoft Mobile in a 3G/4G SEP dispute where no infringement was found. His tracked cases include representing DISH Technologies, LLC as lead counsel and acting as partner for Samsung Electronics Co., Ltd. in defense against Netlist, Inc. in District of Delaware proceedings.

Brian Nester earned his J.D. from The George Washington University Law School in 1996 and holds a B.A. in Biology from Temple University.