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Elizabeth L. Brann

Partner, Litigation Department

Overview

Elizabeth Brann guides many of the world’s largest technology and life sciences companies in navigating their most complex litigation. A formidable litigator, Elizabeth has appeared and won in trial courts across the United States, the International Trade Commission, and the U.S. Patent Trial and Appeal Board.

Elizabeth works closely with clients to understand their business and objectives, guiding them in building an effective patent portfolio strategy to generate the most value. She has had a number of impressive accomplishments throughout her career. Recently, Elizabeth served as lead counsel in the closely watched, long-running dispute between client Align, the maker of Invisalign, and rival ClearCorrect. This 14-year battle required precise coordination among multiple firms and litigation in the U.S. district court, the Federal Circuit, the International Trade Commission. Elizabeth’s tenacity helped secure a $51 million settlement for Align. She was named "Litigator of the Week" by The American Lawyer, a "Legal Lion" by Law360, and a "Female Power Player" by the University of Texas’ Center for Women in Law for her exceptional work.  

Elizabeth also participates in numerous community activities. She serves as Chair of the Board of the San Diego Volunteer Lawyer Program and serves on the board of the Emilio Nares Foundation, which helps families dealing with childhood cancer, to name a few.

Elizabeth has a strong background in both electrical and biomedical engineering, and has particular expertise in computer hardware and software, medical devices, telecommunications, semiconductors, and consumer electronics.

Recognitions

  • Named to the IAM Patent 1000 (2021)
  • Named among Daily Journal’s Top Women Lawyers in California for 2021 and Top IP Lawyers in California for 2020
  • Named to the Legal 500 for patent litigation (2020)
  • Named "Litigator of the Week" by The American Lawyer, recognized as a "Legal Lion" by Law 360, and named a "Female Power Player" by the University of Texas’ Center for Women in Law for her blockbuster settlement for Align
  • Rising Star, San Diego Super Lawyers (2015–17)
  • Pro Bono Publico Award from Casa Cornelia Law Center Inn of Court (2012)
  • Wiley Manuel Award from the State Bar of California for pro bono efforts (2010, 2012)

Education

  • Harvard Law School, J.D., 2002 (Editor-in-Chief of the Harvard Journal of Law & Technology)
  • Marquette University, B.S, Electrical and Computer Engineering major, Biomedical Engineering minor, 1999 (summa cum laude)

Representations

  • Align Technology v. ClearCorrect (ITC, S.D. Tex.).  Secured a $51 million settlement for Align in historic patent infringement battle.
  • Ironworks v. Samsung (N.D. Cal.).  Represented Samsung Electronics in patent infringement case related to smartphone functionality. Ironworks stipulated to non-infringement and invalidity.
  • CyWee v. Samsung (E.D. Tex.).  Representing Samsung Electronics in patent infringement case related to 3D pointing devices and movement tracking and obtained a stay of litigation pending inter partes review just a few months before trial.
  • Uniloc 2017 LLC v. Google LLC (E.D. Tex.). Representing Google in nine separate patent infringement cases.
  • ID Tech et al. v. Samsung Electronics and Samsung Pay, Inc. et al.  Defending Samsung in a patent infringement case brought International Technologies and Systems Corp. d/b/a ID TECH. ID Tech stipulated to non-infringement after a favorable claim construction ruling.
  • Honeywell v. Apple (D. Del.). Represented Samsung SDI in patent infringement case related to LCD modules. The court granted summary judgment of invalidity due to the on sale bar days before trial was set to begin. The summary judgment decision was affirmed on appeal to the Federal Circuit.
  • Allele Biotechnology and Pharmaceuticals, Inc. v. BioNTech SE and Pfizer (S.D. Cal.). Representing BioNTech SE, which filed the world’s first FDA application for a Covid-19 vaccine and an mRNA drug product.

    Involvement

    • Chair of Paul Hastings San Diego office’s pro bono committee
    • Chair of the San Diego Volunteer Lawyer Program, which provides free civil legal services to low income and underserved communities in San Diego
    • Serves on the board of the Emilio Nares Foundation for the past nine years. The Foundation provides support in numerous ways, including transportation for treatment, to families navigating their children’s journey with cancer.
    • Contributes her time to the Casa Cornelia Law Center, a nonprofit public interest law firm in San Diego, and has helped refugees seeking asylum in the United States and domestic violence victims seeking permanent restraining orders. She was honored for her work with the Pro Bono Publico Award.

    Practice Areas

    Litigation
    Patent Office
    Patent Litigation
    Internet of Things
    ITC Section 337 Investigations
    Technology
    Intellectual Property
    Life Sciences and Healthcare

    Languages

    English
    Spanish

    Admissions

    United States Patent & Trademark Office
    California Bar

    Education

    Harvard Law School, J.D. 2002
    Marquette University, B.S.E.E. 1999

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