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Brett E. Cooper

New York Office
New York Office

One Bryant Park
47th Floor
New York, NY 10036
TEL: 212.402.9415 FAX: 212.402.9444

Brett Cooper is a Principal at McKool Smith and joined in 2008 helping the firm expand into New York. For more than 15 years, Mr. Cooper has represented both plaintiffs and defendants in complex litigation, often with technology at the core of the dispute.  Mr. Cooper has successfully managed numerous litigations in District Court as well as the International Trade Commission (ITC).  He has also appeared with positive results before the Federal Circuit in appeals related to his work at the trial level. 

Mr. Cooper is frequently called upon to lecture on litigation issues.  He has been invited to speak at the Practicing Law Institute and at St. John’s School of Law.  He has also been interviewed and quoted in news articles that appear in IP360.  Mr. Cooper is admitted in various district courts, the Federal Circuit Court of Appeals, and is registered with the U.S. Patent and Trademark Office.

Prior to joining McKool Smith, Mr. Cooper clerked for Judge Joanna Seybert in the Eastern District of New York and practiced at another major New York law firm. 

Before (and during) attending law school, Mr. Cooper was an engineer for the State of New York and later for a joint venture of Air Products and Chemicals and Browning Ferris Industries called American Ref-Fuel Company, which generated energy from refuse and related business activities. Mr. Cooper is qualified in Fundamentals in Engineering (FE).  In his personal life, Mr. Cooper was elected to Trustee of the Village of Hewlett Neck and volunteers in his local community.

Representative Matters

  • BMC Software Inc.  Counsel for BMC Software, the leading provider of information technology service management products, in litigation (and inter-partes reviews) against ServiceNow Inc. BMC Software Inc. v. ServiceNow Inc., Eastern District of Texas/USPTO.
  • Wi-LAN, Inc.  Counsel for Wi-LAN, a Canadian company, in patent infringement litigation in the Eastern District of Texas and Northern District of California against leaders in the laptop, router, semiconductor and handset industries, involving use of Wi-LAN's patented wideband OFDM air interface that makes possible the Wi-Fi and Wi-MAX wireless capability in such devices: Wi-LAN, Inc. v. Acer, Inc., et al., Eastern District of Texas; Wi-LAN, Inc. v. Research in Motion Corporation, et al., Eastern District of Texas; Wi-LAN, Inc. v. Westell Technologies, Inc., et al., Eastern District of Texas; Acer America Corp., et al. v. Wi-LAN, Inc., Northern District of California; Broadcom Corporation, et al. v. Wi-LAN, Inc., Northern District of California; Intel Corporation v. Wi-LAN, Inc., Northern District of California; Marvell Semiconductor, Inc., et al. v. WI-LAN, Inc., Northern District of California; Sony Computer Entertainment America, Inc., et al. v. Wi-LAN, Inc., Northern District of California.
  • T-Mobile (MetroPCS). Counsel for T-Mobile (MetroPCS) in several patent litigations filed against the company alleging patent infringement. Jurisdictions include the District of Delaware, Southern District of California, Eastern District of Texas, and Southern District of New York.
  • Lexos MediaLead Counsel for Lexos Media in patent litigation filed in the Southern District of New York relating to the infringement of patents covering cursor animation: Lexos Media v. Zynga, Southern District of New York.
  • Realtime Data.  Counsel for Realtime Data (dba IXO) in patent litigations involving data compression technology used in the realtime delivery of market data: Realtime Data v. CME, et al., Realtime Data v. Morgan Stanley et al., Realtime Data v. Thomson Reuters et al., Eastern District of Texas;  CME v. Realtime Data, Northern District of Illinois, Thomson Reuters v. Realtime Data, Southern District of New York.
  • BTG International. Counsel for BTG International in patent litigation involving Multi-Level Cell flash memory chips against Samsung and others.  Certain MLC Flash Memory Devices and Products Containing Same, Inv. 337-TA-683.
  • Good Technology. Counsel for Good Technology in a patent litigation involving technology relating to secure email solutions.  Good Technology v. Excitor, Southern District of New York.
  • Affiliated Computer Services. Counsel for Affiliated Computer Services in an action filed by J.P. Morgan Chase in the District of Delaware, alleging infringement of patents regarding the technology involved in outsourced state-governed child support payments.  JPMorgan Chase v. Affiliated Computer Services, District of Delaware.

Professional & Community Activities

  • Trustee of the Village of Hewlett Neck (2008-2016)
  • Lecturer St. John’s University School of Law
  • Registered Fundamentals in Engineering (FE)