Main Menu

Overview

Brett Cooper is a principal at McKool Smith and joined in 2008, helping the firm expand into New York. For more than 15 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 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. Brett 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, Brett clerked 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 was elected to Trustee of the Village of Hewlett Neck and volunteers in his local community.

Experience

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 (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.

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)

News & Events

Education

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

M.S., Environmental Engineering, Tufts University.

B.S., Mechanical Engineering, Tufts University.

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
Back to Page