Samuel Brenner, Ph.D., is counsel practicing in Ropes & Gray’s intellectual property group, focusing primarily on patent litigation.
Sam is an experienced trial lawyer who has litigated patent cases in district court and the United States International Trade Commission on behalf of companies in a variety of technical fields, including telecommunications, electronics, software and hardware, and semiconductors. Sam has significant experience counseling clients in matters involving litigation and licensing strategy. Sam’s practice encompasses all facets of litigation, from pre-suit investigation through formulating litigation strategy, managing discovery, taking and defending fact and expert depositions, claim construction proceedings, motion practice, trial preparation, trial, and appeals. Sam is also experienced with patent damages, Standard Essential Patents and RAND/FRAND issues.
Sam also maintains a robust pro bono practice, most recently representing clients before the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Ninth Circuit, and U.S. Court of Appeals for Veterans Claims.
Before joining Ropes & Gray, Sam served as a law clerk for Judge Kim McLane Wardlaw of the U.S. Court of Appeals for the Ninth Circuit and Judge David McKeague of the U.S. Court of Appeals for the Sixth Circuit, and worked for Fidelity Investments in Massachusetts and New Hampshire. Sam, who also received graduate degrees in history and political science from Brown University, has taught at the University of New Hampshire School of Law, the University of Michigan, Brown University, and the University of Rhode Island.
- Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics (4:14-cv-00371, E.D. Tex.): Defending Samsung in a case relating to three patents directed to functionality of image sensors and camera modules. The case involved a six-day trial in the Eastern District of Texas.
- Samsung Electronics (IPR2015-01232). Represented Samsung in an IPR for a patent relating to imaging technology; all instituted claims were found invalid.
- Arvest Bank v. RSA Security, Inc. (1:15-cv-11798, D. Mass.): Defending EMC and RSA in breach-of-contract action concerning indemnification for an underlying patent infringement suit.
- Novitaz, Inc. v. A Leading Marketing Innovation Company (3:16-cv-00546, D. Conn.): Defended client in a patent infringement suit relating to mobile presence marketing technology.
- In the Matter of Certain Devices Containing Non-Volatile Memory and Products Containing the Same (No. 337-TA-922, U.S.I.T.C.): Represented Spansion LLC in International Trade Commission Investigations involving patents related to semiconductor devices.
- In the Matter of Certain Non-Volatile Memory Devices and Products Containing Same (No. 337-TA-909, U.S.I.T.C.): Represented Spansion LLC in International Trade Commission Investigations involving patents related to semiconductor devices.
- Certain Wireless Devices with 3G and 4G Capabilities (No. 337-TA-868): Represented Samsung Electronics in an ITC investigation, including an eight-day trial, brought by InterDigital relating to seven patents directed to 3G and 4G standards.
- Parallel Iron, LLC v. EMC Corporation (C.A. No. 12-764, D. Del.): Represented EMC in patent infringement lawsuit concerning three patents concerning data storage systems.
- Motorola Mobility, Inc. v. Microsoft Corp. (No. 2:10-cv-01823, W.D. Wash.): Represented Motorola Mobility in a patent and FRAND rate lawsuit against Microsoft concerning features and functionality of computers and mobile communication devices.
- Micro Motion, Inc. v. Krohne, Inc., et al. (C.A. No. 09-CV-10319, D. Mass.): Represented Micro Motion in patent infringement litigation concerning intrinsically safe meter electronics for Coriolis mass flowmeters.
- Co-author, “FRAND: Beginning With a Three-Pronged Approach,” World IP Review (September 10, 2018)
- Cited, “Samsung Gets Damages Cut To $11Million In Bluetooth Patent Suit,” Law360 (March 29, 2018)
- Co-author, “Shielded by Sovereignty,” American Intellectual Property Law Association Quarterly Journal (Fall 2017)
- Cited, “Federal Circuit Revives Veteran’s Suit Over Benefits After Non-VA Care,” Law360 (May 26, 2017)
- Matthew Rizzolo, Samuel Brenner, Andrew Sutton, and Michael Gershoni, “Shielded by Sovereignty: The Implications for Patentees ofCovidien v. University of Florida Research Foundation,” 45 AIPLA Q.J. ---- (2017)
- Steven Pepe and Samuel Brenner, “Implications of a Revitalized 28 U.S.C. § 1400(b): Identifying the 'Regular and Established Place of Business' for Patent Venue in the Internet Age,” 33 TOURO L. REV. --- (2017)
- Co-author, “Settlement Evidence and Patent Damages,” American Bar Association Section of Litigation Trial Evidence Committee Newsletter (2013)
- Samuel Brenner, “Context and Trivia,” 110 Michigan Law Review ---- (reviewing James C. Foster, BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska’s Capital (2010))
- Samuel Brenner, “‘WikiLeaks Documents Explosive’”: The Perverse Effects of Scholars Being Forced to Look to Third Parties Rather than State Institutions for Classified Material,” Canadian Journal of Law & Society (forthcoming)
- Samuel Brenner, “Fellow Travelers: The ‘Mainstream’ Conservative Ideological Concerns of ‘Extremist’ Americanist Anti-Communists in the Early 1960s,” in In Decade of Transformation: Contesting the Future of Conservatism in the 1960s (Daniel Williams and Laura Gifford eds.)
- Samuel Brenner, “‘I Am a Bit Sickened’: Examining Archetypes of Congressional War Crimes Oversight after My Lai and Abu Ghraib,” 205 Military Law Review 1 (2010)
- Samuel Brenner, “‘Negro Blood in His Veins’: The Development and Disappearance of the Doctrine of Defamation Per Se by Racial Misidentification in the American South,” 50 Santa Clara Law Review 388 (2010)
- Samuel Brenner, Note, “‘Airbrushed Out of the Constitutional Canon’: The Evolving Understanding of Giles v. Harris, 1903-1925,” 107 Michigan Law Review 853 (2009)
- Samuel Brenner, Book Review, 26 Disability Studies Quarterly (Summer 2006) (reviewing John Tayman, The Colony: The Harrowing True Story of the Exiles of Molokai (2006))
- Samuel Brenner, “Protecting Colleges and Universities in the Age of Global Terror,” in 2 Homeland Security: Protecting America’s Targets (Public Places and Perception) (James J.F. Forest ed., 2006)
- The Death Penalty (Issues on Trial) (Samuel Brenner ed., 2006)
- Vietnam War Crimes (At Issue In History) (Samuel Brenner ed., 2005)
- Living Through the Vietnam War (Living Through The Cold War) (Samuel Brenner ed., 2005)
- Dwight David Eisenhower (Presidents and Their Decisions) (Samuel Brenner ed., 2002)