With over 15 years of experience, Brian Johnson is a skilled patent litigation attorney representing clients before the International Trade Commission (ITC) and district courts. He represents clients and technologies from a range of industries including high-technology and consumer electronics, such as cellular phones, memory modules, gaming systems, processors, and acoustomagnetic security tags.
Brian’s experience includes litigation covering intellectual property infringement as well as allegations related to fair, reasonable and nondiscriminatory (FRAND) patent license terms. He has appeared in dozens of ITC investigations and many district court suits where he counseled clients with litigation strategy, including the interplay of multijurisdictional disputes and advocacy with US Customs.
Prior to joining Axinn, Brian was a partner at a prominent law firm in Washington, DC. Before entering private practice, Brian served as a patent examiner at the US Patent and Trademark Office. He received his JD from The George Washington University Law School and his BS from the University of Wisconsin, Madison.
Professional Activities
- District of Columbia Bar Association
- Virginia Bar Association
- Patent Bar Association
Experience
- Represented a respondent fiber optic company in a pair of ancillary proceedings at the ITC. The advisory proceeding was won on summary determination and, after a full enforcement proceeding trial, the Staff sided with our client on all contested issues. The case settled favorably before an Initial Determination was issued.
- Represented a national store against allegations of trade dress infringement at the ITC. The Initial Determination found my client did not infringe and that the trade dress was invalid, resulting in a finding of no violation.
- Represented a respondent semiconductor supply company in an ITC investigation involving memory modules. The Initial Determination found no violation the Commission did not review.
- Represented a respondent multinational e-commerce and technology conglomerate in an ITC investigation involving electronic scooter technology. Deciding an issue of first impression in the respondent’s favor, the Initial Determination found no violation.
- Represented a complainant security systems company in an ITC investigation involving retail security tags. Settled on the eve of trial, with all respondents agreeing to a consent order.
- Represented a respondent multinational technology company in an ITC investigation involving consumer electronics, including gaming devices and FRAND obligations. Commission found no violation.
- Represented a complainant multinational technology company in an ITC investigation involving consumer electronics. Commission found a violation for all accused products. The result was affirmed by the Federal Circuit.
- Represented respondent multinational technology companies in an ITC investigation involving consumer electronic and FRAND obligations. Commission found no violation.
- Represented several major telecommunications companies in multiple district court litigations including antitrust and breach of contract claims, stemming from FRAND obligations owed for ETSI telecommunication standards.
*Includes matters handled prior to joining Axinn
Education
- JD – The George Washington University Law School (2009)
- BS, Computer Engineering – University of Wisconsin, Madison (2005)
Admissions
- District of Columbia
- Virginia
- US Patent and Trademark Office