Brian Berliner

Brian Berliner is a seasoned intellectual property litigator focused on representing technology companies in patent litigation, particularly involving electronics, computer hardware, software, communications, and Internet technology.

In addition to litigating patent matters in U.S. District Courts across the country and before the U.S. International Trade Commission (USITC), Brian has an active practice representing clients in inter partes and other post-grant review proceedings in the U.S. Patent & Trademark Office. Brian is also Chair of O’Melveny’s patent and trademark prosecution sub-practice.

Chambers USA has repeatedly ranked Brian among the top Intellectual Property lawyers in the country, noting his ability “to explain the byzantine patents process in layman’s terms, which helps make informed and tactical decisions,” and describing him as an “exceptionally responsive” lawyer with “great business sense” and “fine legal knowledge.”

The Daily Journal has recognized Brian among the leading portfolio managers, patent prosecutors, and intellectual property litigators in California. And Brian has been recognized as a Southern California “Super Lawyer” in a survey conducted by Law & Politics Media Inc. that is published in Los Angeles magazine.

In addition to his technical patent work, Brian represents and counsels clients in trademark matters, including trademark litigation, clearance, and registration, and advises clients on transactional intellectual property matters, including licensing and technology transfer agreements and due diligence.

Prior to practicing law, Brian served as a Captain in the US Air Force, responsible for the acquisition and testing of defense satellite systems and subsystems. In that capacity, he had hands-on payload integration responsibilities involving a number of Atlas expendable launch vehicle missions.

Brian also serves as Chair of O’Melveny’s firm’s Community Legal Services committee responsible for overseeing its active pro bono representations.

Education :

• Loyola Law School, J.D., 1991: chief articles editor, Loyola of Los Angeles International and Comparative Law Journal
• University of Southern California, M.S., Systems Management, 1984
• Northeastern University, B.S., Electrical Engineering, 1981

Bar Admissions : California, District of Columbia, New York.

Court Admissions :

• US Court of Appeals, Ninth and Federal Circuits
• US District Court, Central District of California

Experience :

• Prevailing at trial and securing a rare Eastern District of Texas jury verdict in favor of the defense for an international consumer electronics company against patent infringement claims asserted by a competitor involving digital television products; the jury found all patents non-infringed and two patents invalid in a decision affirmed on appeal to the Federal Circuit
• Currently defending an international consumer electronics company against patent infringement claims asserted by a competitor involving digital television and monitor products (E.D. Tex.)
• Currently representing a privately held e-commerce company in asserting patent infringement claims against an e-commerce and cloud computing giant in a seven-patent case involving e-commerce technology; currently on appeal to the Federal Circuit (W.D. Wash.)
• Representing a major retail grocery chain in enforcing trademark rights against a copycat retailer; currently on appeal to the Ninth Circuit
• Representing a leading global entertainment content company in a confidential commercial arbitration involving patent, copyright, and licensing rights one of most popular music videogames of all time; case settled favorably for the client
• Representing a major retail grocery chain in seeking a preliminary injunction in a trademark infringement matter against a would-be competitor; matter resolved with a consent decree that halted all of defendant’s infringing activities (E.D. Penn.)