C. Brandon Rash, Partner, Intellectual Property | Akin

C. Brandon Rash

Senior Counsel

Areas of Focus

C. Brandon Rash, Partner, Intellectual Property | Akin

C. Brandon Rash

Senior Counsel

brandon.rash@akingump.com

Areas of Focus

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Biography
  • Focuses on patent infringement litigation in federal district courts and at the U.S. International Trade Commission (ITC) and post-grant proceedings at the PTAB.
  • Counsels on legal matters outside of litigation, including patent portfolio management, regulatory compliance, licensing, due diligence, export controls & sanctions, national security and other international trade and regulatory issues.
  • Represents high-tech companies, such as AI, data center & digital infrastructure clients, in a broad range of sectors, including electronics, medical devices, computer hardware and software, network communications, wireless and semiconductors.
  • Brings significant scientific acumen and highly technical knowledge to cases and matters involving cutting-edge technologies, including AI, machine learning, Internet of Things and digital assets, to name a few.

Brandon advises on leading-edge technical issues and analyzes the application of international trade regulations. He draws on his technical background and electrical engineering experience to help clients facing challenges unique to high-tech companies, cases and matters. Brandon’s practice encompasses intellectual property (IP), international trade and technology, including significant work advising on artificial intelligence (AI), data centers, semiconductors and software.

Brandon has substantial experience in all aspects of patent litigation, from pre-litigation through trial and appeal. He has served as lead counsel in district court actions and ITC investigations, and advises clients on patent eligibility under Section 101. Brandon has significant experience in the U.S. District Court for the Eastern District of Virginia (EDVA), known as the “Rocket Docket,” where he served as a law clerk to the Honorable Henry E. Hudson.

Drawing on his electrical engineering background and semiconductor industry experience, Brandon has a cutting-edge practice advising innovative technology startups and established companies on complex matters and disputes. From reviewing AI architecture to analyzing the regulatory issues impacting the development and deployment of AI systems and AI-enabled tools, Brandon delivers bespoke solutions to sophisticated market participants. 

Brandon routinely represents high-tech clients in district courts across the country and at the ITC. In addition, Brandon has vast experience in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). He has served as lead or backup counsel in over 40 inter partes review (IPR) proceedings.

With a deep understanding of highly technical issues and emerging technologies, Brandon guides clients navigating the complex regulatory landscape. He advises on export controls & economic sanctions, national security reviews of foreign direct investments and other international trade and regulatory issues, including the AI Diffusion Framework.

Brandon’s experience spans Office of Foreign Assets Control (OFAC) sanctions, Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), the Foreign Corrupt Practices Act (FCPA), Office of Export Enforcement (OEE) and Department of Justice (DOJ) actions.

Clients also rely on Brandon for advice and counsel on non-litigated IP matters, including strategic patent portfolio management, regulatory compliance, licensing and transactional due diligence, among many other types of matters.

Brandon specializes in complex electrical and computer-related technologies, including electronics, medical devices, computer hardware and software, internet and network communications, wireless communications, semiconductors and audio technologies, which are applicable across a broad range of emerging technology areas, such as 5G, Internet of Things (IoT), AI & machine learning (ML), autonomous vehicles, streaming video services and digital assets.

A leader in the industry and at Akin, Brandon serves as an authority on AI and AI-enabled systems and tools. He is a key member of Akin’s AI governance team and task force. Further, Brandon works with Akin’s IT team to develop AI for OverRuled, an AI-enhanced legal data productivity platform for lawyers and compliance professionals, as well as other AI solutions to better serve Akin’s clients.

While in law school, Brandon served as manuscripts editor of the University of Richmond Law Review. Before law school, he was a technical marketing engineer at National Semiconductor Corporation, where he was responsible for power management and wireless semiconductor products.

Representative Work
  • Representing Kingston Technology Company in a matter addressing patent infringement claims, brought by Vervain in the Western District of Texas, involving products that relate to FLASH memory and associated controllers for managing the use of memory devices.
  • Advising a computer hardware manufacturer on IP-related due diligence in connection with U.S. export controls & sanctions.
  • Advising a multinational technology company in connection with export control classification and licensing for new platforms and products, including novel AI & ML technologies.
  • Represents a global high technology company in the following areas:
    • Interpreting new export control & sanctions regulations (particularly with respect to China, Hong Kong, Russia, Belarus, and Ukraine), identifying the business impact of the recent advanced computing and semiconductor manufacturing rules, and developing compliance processes and solutions to respond to the new rules and their application to encryption software and consumer electronics.
    • Providing timely export control classification and licensing support for new technologies and products, including novel ML and AI technologies.
    • Developing sanctions compliance tools to review large-scale projects and efforts.
    • Counselling on key interpretive sanctions and export control issues that impact technology companies.
    • Reviewing and drafting trade control language in large joint venture projects.
    • Providing advice on transactional due diligence and domestic and cross-border transactions.
  • Counsels a prominent high technology company in an action involving OEE and DOJ investigations regarding the client’s exporting activities.
  • Counsels a global AI company on international trade and regulatory compliance issues.
  • Counsels a multinational technology company on regulatory schemes impacting its AI and AI-enabled systems.
  • Represented Butterfly Network in a patent infringement action brought by FUJIFILM Sonosite in the District of Delaware involving seven patents related to ultrasound diagnostic hardware and software, and as lead counsel in related IPR proceedings.
  • Represented Endava Inc. and its Irish sister company in connection with a copyright infringement suit filed against the client by Plusgrade related to an airline seat upgrade platform.
  • Secured a favorable settlement on behalf of VIZIO related to an ITC 337 proceeding brought by Maxell Holdings involving patent infringement claims related to smart television hardware and software technologies, as well as an IPR proceeding.
  • Represented Boston Scientific in a series of multi-front patent and trade secret litigations against Nevro relating to spinal cord stimulation technology in the District of Delaware. The cases involved affirmative patent and trade secret claims asserted by Boston Scientific, counterclaims for patent infringement asserted by Nevro and parallel petitions for IPR before the PTAB. The Court scheduled trials for October 2021, January 2023, and October 2023. The jury in the 2021 trial returned a verdict finding Nevro liable for patent infringement and awarding Boston Scientific $20 million in damages. The case settled in August 2022, prior to the next-scheduled trials.
  • Represented patent owner EnChroma in a declaratory judgment action brought by accused infringer Eyenavision in the Western District of Pennsylvania related to lenses used for color vision correction.
  • Represented petitioner Lectrosonics as lead counsel in IPR proceedings against Zaxcom related to wireless audio recording and processing technology.
  • Represented patent owner Signify (formerly known as Philips Lighting) as lead counsel in district court and ITC actions and IPR proceedings against various companies related to light-emitting diode (LED) lighting devices, power supplies, and optics.
  • Represented petitioner Unified Patents as lead counsel in IPR proceedings against various patent owners related to Global Positioning System (GPS) location tracking devices, video and audio data compression, personal communications system transmission protocol, Global System for Mobile Communications (GSM), short message service (SMS) messaging, telemetry applications, network bandwidth allocation and management, and public key cryptosystems.
  • Represented defendant United Bank in patent infringement action in the EDVA brought by Groove Digital, Inc. related to the delivery and display of digital content to computer systems, push notifications, and smartphone applet applications.
  • Represented United Technologies Corporation in district court and ITC actions and IPR proceedings against Rolls-Royce plc and General Electric Company related to gas turbine engine technologies.
  • Represented defendant Verizon Services Corp. in patent infringement actions in the EDVA against various patent owners related to virtual local area networks (VLAN), Internet Protocol network, and Voice Over Internet Protocol (VoIP) technologies.
  • Represented appellee Trading Technologies International Inc. in an appeal to Federal Circuit (CAFC) against CQG Inc. regarding a motion to stay district court litigation pending covered business method (CBM) review proceedings.
  • Represented defendant TouchType Inc. d/b/a SwiftKey in a patent infringement action in the Southern District of California (SDCA) brought by WordLogic Corporation related to predictive text technology for computer systems, touch keyboard applications, and smartphone applet applications.
  • Represented defendant patent owner Asetek Danmark A/S in a declaratory judgment action in the EDVA brought by Asia Vital Components Co. related to liquid cooling systems for computer systems.
  • Represented respondent Realtek Semiconductor Corporation in ITC action brought by LSI Corporation related to IEEE 802.11 wireless local area network (WLAN) communication protocols.
  • Represented plaintiff Netscape Communications Corp. in patent infringement action in the EDVA against ValueClick Inc. related to the HyperText Transfer Protocol (HTTP) and internet cookies.

Education
  • J.D., University of Richmond School of Law, magna cum laude, 2006

  • B.S.E.E., Virginia Polytechnic Institute and State University, 1999

Clerkships
  • U.S.D.C., Eastern District of Virginia

Bar Admissions
  • District of Columbia

  • U.S. Patent and Trademark Office

  • Virginia

Recognitions
  • IAM Patent 1000—The World’s Leading Patent Professionals, Leading Private Patent Litigator in Washington, D.C., 2024.
  • The Legal 500 US, Patents: Litigation (Full Coverage), 2020 and 2022-2024.
  • The Legal 500 US, Patents: Litigation (International Trade Commission), 2020.
  • AIPLA, Past Presidents’ Award for Academic Achievements in the Study of Intellectual Property Law, 2006.
  • University of Richmond School of Law, Inducted into McNeill Law Society, 2005.
Affiliations and Public Service
  • American Intellectual Property Law Association.
  • PTAB Bar Association.
  • Virginia Bar Association.
  • University of Richmond School of Law, Young Graduate Association Board of Directors (president, 2010-2012; vice president, 2009-2010).
Speeches and Publications
  • “AI-Assisted Inventions May Be Patentable, but Only Humans Can Be Inventors,” Akin TechSpeak Alert, February 23, 2024.
  • “USPTO Pilot Program Expedites Examination of Patent Applications Directed to Semiconductor Manufacturing in Support of CHIPS Act,” Akin TechSpeak Alert, December 5, 2023.
  • “District Court Dismissed Infringement Claims Regarding Online Video Streaming Because the Patents Recited Patent-Ineligible Abstract Ideas,” IP Litigator, July 11, 2023.
  • “Overlooked Patent Cases: Indirect Infringement Developments,” Law360, August 2, 2021.
  • “Overlooked Patent Cases: Lessons On Section 101 Motions,” Law360, September 22, 2020.
  • “Improvements from Using a Computer May Not Transform Abstract Idea into a Patent-Eligible Concept,” IP Litigator, June 25, 2020.
  • Presenter, “Electrical and Computer Patent Practice,” Patent Resources Group Advanced Courses, April 7-12, 2019.
  • Presenter, “Electrical & Computer Patent Practice,” Patent Resources Group Advanced Courses, April 15-20, 2018.
  • Presenter, “Electrical & Computer Patent Practice,” Patent Resources Group Advanced Courses, October 15-20, 2017.
  • Panelist, “Considering the Evolution of PTAB Practice,” Boston Patent Law Association’s Contested Matters PTAB Summit, September 14, 2017.
  • Presenter, “Electrical and Computer Patent Practice,” Patent Resources Group Advanced Courses, April 2-7, 2017.
  • Presenter, “Electrical & Computer Patent Practice,” Patent Resources Group Advanced Courses, October 19-25, 2016.
  • Presenter, “Important Concepts and Considerations in Advanced Biofuels Pathway Protection and Approval,” Advanced Biofuels Conference & Expo, October 26-28, 2015.

Insights and Achievements

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