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Overview

Brett Cooper is a principal at McKool Smith and joined in 2008, helping the firm expand into New York. For almost 20 years, Brett has represented both plaintiffs and defendants in complex litigation, often with technology at the core of the dispute. He 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.

Brett is frequently called upon to speak on litigation issues. He has been invited to speak at various Licensing Executive Society Conferences, Practicing Law Institute and at St. John’s School of Law. His articles appear in IP360 frequently and in 2019 one of his articles was among the “most-read.” Brett is admitted in various district courts, the Federal Circuit Court of Appeals, and is a registered patent attorney with the U.S. Patent and Trademark Office.

Prior to joining McKool Smith, Brett served as a law clerk for the Honorable Joanna Seybert in the Eastern District of New York and practiced at another major New York law firm.

Before (and while) attending law school, Brett 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. Brett is qualified in Fundamentals in Engineering (FE). In his personal life, Brett has been elected five times as a Trustee of the Village of Hewlett Neck and volunteers in his local community.

Experience

Representative Matters

  • Wi-LAN, Inc. Counsel for Wi-LAN in multiple patent litigations, recently securing an $85 million damages verdict and a separate infringement verdict against Apple concerning two WiLAN patents that cover voice over LTE ("VoLTE") wireless communication technology. Wi-LAN v. Apple, Southern District of California. 
  • Clear Imaging LLC Counsel for Clear Imaging in patent litigation against Samsung for camera and digital image processing technology.  Clear Imaging v. Samsung, Eastern District of Texas.
  • BMC Software Inc. Counsel for BMC Software, the leading provider of information technology service management (ITSM), in litigation (and inter-partes reviews) against ServiceNow, Cherwell, and FireScope. BMC Software Inc. v. ServiceNow Inc., Eastern District of Texas/USPTO. BMC Software Inc. v. Cherwell Software, LLC, District of Colorado/USPTO. BMC Software Inc. v. Firescope, Inc., Northern District of Texas/USPTO.
  • 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 Media. 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 (d/b/a 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.
  • Freescale (now NXP). Counsel for Freescale in patent litigation involving various chip manufacturing processes against LSI Corporation.  Certain Integrated Circuits and Products Containing the Same, U.S. ITC Inv. No. 337-TA-656.

Affiliations

Community & Professional Activities

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

Media & Events

Articles

Education

J.D., cum laude, St. John’s University School of Law.

M.S., Environmental Engineering, Tufts University.

B.S., Mechanical Engineering, Tufts University.

Clerkships

  • Hon. Joanna Seybert, U.S. District Court, Eastern District of New York

Court Admissions

  • State of New York
  • Federal Circuit Court of Appeals
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Eastern District of New York
  • U.S. Patent and Trademark Office
  • Supreme Court of Illinois

Bar Associations

  • New York Intellectual Property Law Association
  • Federal Circuit Bar Association
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