C. Brandon Rash
Partner
Areas of Focus
- Intellectual Property
- Inter Partes Review
- IP Transactions
- ITC Section 337 Investigations
- Patent Litigation
- Royalty Monetization
- Supreme Court & Appellate: IP
- Technology
- Artificial Intelligence & Machine Learning
- Autonomous Systems & Advanced Mobility
- Digital Assets, Cryptocurrency & Blockchain
- SEP/FRAND disputes
- Semiconductors
- Fintech
- CleanTech & ClimateTech
- Aviation, Space & Defense
- 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.
- Represents high-tech companies in a broad range of sectors, including electronics, medical devices, computer hardware and software, network communications, wireless and semiconductors.
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. He has substantial 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.
Brandon also 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. In addition, he regularly counsels clients in IP transactions, due diligence, strategic patent portfolio management and other IP-related 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), artificial intelligence (AI), autonomous vehicles, streaming video services and digital assets.
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.
- Represents 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.
- Represents VIZIO in 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 inter partes review 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.
EducationJ.D., University of Richmond School of Law, magna cum laude, 2006
B.S.E.E., Virginia Polytechnic Institute and State University, 1999
J.D., University of Richmond School of Law, magna cum laude, 2006
B.S.E.E., Virginia Polytechnic Institute and State University, 1999
ClerkshipsU.S.D.C., Eastern District of Virginia
U.S.D.C., Eastern District of Virginia
Bar AdmissionsDistrict of Columbia
U.S. Patent and Trademark Office
Virginia
District of Columbia
U.S. Patent and Trademark Office
Virginia
- The Legal 500 US, Patents: Litigation (Full Coverage), 2020, 2022 and 2023.
- The Legal 500 US, Patents: Litigation (International Trade Commission), 2020.
- Awarded the AIPLA Past Presidents’ Award for academic achievements in the study of intellectual property law, 2006.
- Inducted as a member of the McNeil Law Society, the University of Richmond School of Law’s honor society, 2005.
- 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)
- 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.
