Brandon G. Smith

Brandon is the editor in chief of the Federal Bar Association of Orange County’s newsletter, and he previously served as a deputy district attorney at the Orange County District Attorney’s Office, through the Trial Attorney Partnership program, where he successfully prosecuted criminal matters, including a jury trial, as a first chair trial lawyer.

Before joining Morgan Lewis, Brandon was a partner at a national IP law firm where he chaired the firm’s education committee. 

• Obtained settlement for a consumer eyewear company in US International Trade Commission (ITC) proceeding
• Obtained favorable settlement for a fitness apparel company in a patent and trade dress dispute
• Obtained summary judgment affirmed on appeal for a yoga apparel brand in trademark litigation
• Obtained summary judgment of noninfringement of multiple patents in high-stakes patent litigation for medical device company involving the first FDA-cleared at-home saliva collection device for COVID-19 PCR testing.
• Counsel for medical device company in high-stakes patent litigation and corresponding inter partes reviews (IPRs) that resulted in five patents being invalidated, including findings that the patents were invalid due to patent owner's misconduct during the IPR proceeding
• Obtained both damages and an injunction following a bench trial for a leading luxury watch company against a counterfeiter. The judgment was upheld and the injunction was expanded through multiple appeals
• Resolved patent and trade secret dispute for a medical device manufacturer through arbitration
• Obtained favorable settlements for consumer products company in multi-forum trade dress, design patent, and utility patent dispute against competitor
• Obtained favorable outcome for a prosthetics company in patent litigation after serving invalidity contentions
• Obtained final determination of noninfringement and invalidity for a child carrier and baby products manufacturer in ITC litigation
• Obtained global resolution for a healthcare technology company in ITC proceedings after favorable claim construction rulings
• Obtained withdrawal of complaint against a healthcare technology provider in ITC litigation following favorable evidentiary rulings