Brian W. Oaks

Brian W. Oaks is a seasoned patent litigator with a practice focused on intellectual property law, encompassing patent post-grant trials, district court litigation, and patent portfolio development and management. His technical background in mechanical engineering underpins his work across a diverse range of technologies, including internet technologies, complex software, telecommunications applications, computing components, wireless and optical networking, electric vehicles, medical devices, mechanical devices, and business methods. His experience also extends to clean air technologies, specifically mercury emissions control, and 3D printing.

Oaks demonstrates a versatile practice, representing both plaintiffs and defendants in patent disputes. While he has primarily appeared on the plaintiff side in 12 of his 15 tracked cases, notably representing Unified Patents in multiple challenges against patents asserted by Non-Practicing Entities (NPEs), he also represents companies accused of infringement. His defendant-side work includes representing Stratasys Inc. in 3D printing patent disputes and serving as backup counsel for Berkshire Hathaway Energy Company in litigation concerning mercury emissions technology. He was also lead counsel for Wisconsin Power & Light Co. et al. as a plaintiff in a case against Birchtech Corp. concerning mercury emissions technology.

Oaks is currently a partner at McDermott Will & Emery, having joined the firm in June 2022 as part of an eight-partner intellectual property team that launched the firm's Austin office. Prior to this, he spent 24 years at Baker Botts, where he was a patent attorney since 1998, and also had an appearance with Alston & Bird earlier in his career.

He has significant experience before the Patent Trial and Appeal Board (PTAB), having led over 200 post-grant trials, including inter partes reviews (IPRs) and post-grant reviews (PGRs). Oaks is adept at both challenging patents as a petitioner and defending patent owners whose patents have been challenged. Notable outcomes include representing Unified Patents in an IPR against MPHJ Technology Investments, LLC, which resulted in claims being found invalid and affirmed by the Federal Circuit. Additionally, Birchtech Corp., a party in cases where Oaks served as counsel for related entities, has secured substantial judgments, including a $78 million award in patent infringement litigation concerning mercury emissions reduction technology, with all IPR petitions against its core patents eventually dismissed or resolved.

Oaks earned his J.D. from the University of Virginia School of Law and holds a B.S. in Mechanical Engineering from The University of Texas. He is admitted to practice in Texas.