Samuel Brenner, Ph.D., is an accomplished trial, arbitration, and appellate lawyer who has litigated intellectual property and complex commercial cases on behalf of a variety of high-tech and life sciences companies. Sam regularly represents clients in the federal district and appellate courts, as well as in front of the United States International Trade Commission, the Patent Trial and Appeal Board of the United States Patent and Trademark Office, and multiple international arbitration bodies. Honored by Massachusetts Lawyers Weekly in 2020 for “excellence in the law,” Sam counsels clients in matters involving litigation and licensing strategy, and is also experienced with patent damages, Standard Essential Patents and RAND/FRAND issues.
Sam maintains a robust pro bono practice, including recently representing clients before the U.S. Supreme Court, 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 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, and is a frequent author and commentator concerning intellectual property issues.
- Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics (Nos. 17-1570, 17-1571, 17-2107, 17-2133, 18-1923.): Second-chaired multiple appeals at the U.S. Court of Appeals for the Federal Circuit on behalf of Samsung resulting from merits and fees decisions from the Eastern District of Texas and two inter partes review proceedings, all involving patents directed to functionality of image sensors and camera modules.
- Samsung Electronics v. Imperium IP Holdings (Cayman)(No. 17-3445): Representing Samsung at the U.S. Court of Appeals for the Third Circuit in breach-of-contract appeal.
- Representing the world’s leading consumer electronics company in multiple appeals (Nos. 18-1987, 18-1988, 18-2092, 18-2114, 18-2115, 18-1529, 18-1531) at the U.S. Court of Appeals for the Federal Circuit resulting from inter partes review proceedings involving four patents directed towards methods and systems for transferring data between computers/host devices and data transmitting/receiving devices.
- Certain Wireless Mesh Networking Products and Related Components Thereof (337-TA-1131): Representing Emerson Electric and Tadiran Batteries in a Section 337 investigation brought by non-practicing entity SIPCO LLC, involving four patents asserted against WirelessHART-compatible industrial wireless technology and infrastructure products.
- Solar Junction Corporation v. IQE plc: Representing a semiconductor wafer manufacturer and its employees in a series of lawsuits, an international arbitration, and a PTAB derivation proceeding concerning whether the client’s patents incorporate the plaintiff company’s trade secrets.
- Godo Kaisha IP Bridge 1 v. TCL Communication Technology Holdings Limited et al. (1:15-cv-00634, D. Del.): Representing IP Bridge at jury trial in asserting standards-essential patents related to the 4G/LTE telecommunications standard. After seven-day trial, the jury found all four asserted claims valid and infringed and awarded FRAND damages.
- Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (U.S. Sup. Ct. 2018): Co-authored Supreme Court amicus brief on behalf of the world’s leading consumer electronics company, supporting the respondent, in a case addressing the authority of the USPTO’s Patent Trial & Appeal Board (PTAB) to rule on the patentability of issued patents in inter partes review proceedings.
- Wavetamer Gyros, LLC v. Seakeeper, Inc. (IPR2017-1931, IPR2017-01996): On behalf of patent owner Seakeeper, forced petitioner to dismiss petitions pre-institution in IPRs on two patents directed to cooling heat generating components in gyroscopic roll stabilizers for small boats.
- Paul L. Ollis v. David J. Shulkin: Represented U.S. veteran at the Court of Appeals for Veterans Claims (No. 14-1680) and the U.S. Court of Appeals for the Federal Circuit (2016-1315) in successful precedential appeal regarding rights to disability benefits.
- Novitaz, Inc. v. Gimbal, Inc. (3:16-cv-01553, D. Conn.): Defended client in a patent infringement suit relating to mobile presence marketing technology.
- Allure Energy, Inc. v. Honeywell International, Inc. (15-cv-00079, W.D. Tex.): Representing Honeywell in case involving two patents relating to apparatuses for home energy management.
- 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.