Mr. Brun’s work includes representing:
- FireEye, Inc. as lead counsel, in defending claims of patent infringement and trade secret misappropriation brought by Fortinet, Inc. in the U.S. District Courts in Delaware and in San Jose and San Francisco, California. Following FireEye’s successful challenge to Fortinet’s trade secret disclosure and the Court’s issuance of a protective order barring discovery by Fortinet on its trade secret claims, Fortinet dismissed its claims of trade secret misappropriation. Fortinet also dismissed its patent infringement claims against FireEye.
- FireEye, Inc., as lead counsel, in asserting claims of patent infringement against Fortinet, Inc. in the U.S. Districts Courts in San Jose and San Francisco, California. As part of a multi-case resolution, FireEye voluntarily withdrew its claims, but without prejudice.
- F5 Networks, as lead counsel, in a breach of contract case brought by Neustar in the U.S. District Court in San Jose, California. Following depositions of key witnesses and the exchange economic expert reports, the case settled on terms favorable to F5.*
- F5 Networks, as lead counsel, in a patent infringement matter brought by Implicit Networks in the U.S. District Court in San Francisco, California. Following a favorable ruling construing key terms in the asserted patents, the court granted F5’s motions for summary judgment of non-infringement and invalidity. Implicit withdrew its appeal of those rulings.*
- F5 Networks, as lead counsel, in a patent infringement matter brought by Implicit LLC in the U.S. District Court in San Francisco, California. Mr. Brun obtained an early claim hearing on a single term, and following a favorable ruling, Implicit voluntarily dismissed its claims.
- Beats Electronics, as lead counsel, asserting claims of design patent and trade dress infringement against Yamaha Ltd. in the U.S. District Court in Los Angeles, California. The case settled on terms favorable to Beats, including obtaining ownership of a Yamaha design patent covering Yamaha’s infringing headphones.*
- Moov, Inc., as lead counsel, in defending claims of patent infringement brought by Infomotion, Inc. (represented by Fish & Richardson) in the U.S. District Court in San Francisco, California. Following exchanges of claim charts and arguments with opposing counsel, Infomotion voluntarily withdrew its claims.
- Moov, Inc., as lead counsel, in defending claims of patent infringement brought by Sportbrain, Inc. in the U.S. District Court in Chicago, Illinois.
- National Semiconductor defending claims by eTool, Inc. in the U.S. District Court in Marshall, Texas, that National’s WEBENCH automated circuit design tool infringed eTool patents. Following a favorable claim construction ruling, the Court granted National’s motion for summary judgment of non-infringement.*
- VF Outdoor, as lead counsel, on various patent infringement, trade dress, and trademark matters.
- Aruba Networks, as co-lead counsel, defending a patent infringement action in the International Trade Commission and the U.S. District Court in Oakland, California. The matter involved signal transmissions under the IEEE 802.11n standard and MIMO technology. The ITC investigation is In the Matter of Certain Wireless Communication Devices And Systems, Components Thereof, And Products Containing Same, Inv. No. 337-TA-775. The complainant withdrew its complaint just weeks before the ITC trial was scheduled to begin.*
- Eastman Kodak Company in multiple patent infringement matters against Apple and Research In Motion (RIM) in the ITC and various district courts across the United States. These matters centered on digital camera technology. The ITC investigation was In re Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof, Inv. No. 337-TA-703.*
- Eastman Kodak Company, as co-lead counsel, in offensive and defensive patent cases against Shutterfly in the U.S. District Court in Delaware. These cases involved uploading and processing digital images.*
- Hitachi Plasma Patent Licensing (HPPL) and a number of Hitachi affiliates in patent infringement suits involving Hitachi's pioneering plasma display patents brought in the U.S. District Court in Marshall, Texas. Following a claim construction ruling in which Hitachi won every meaningful dispute, Hitachi negotiated a favorable settlement of several patent infringement cases involving Hitachi and LGE just weeks before Hitachi's infringement case was set for trial.*
- Early-stage company Negevtech in a bet-the-company patent litigation defense against competitor Applied Materials in the U.S. District Court in San Francisco, California. Mr. Brun developed creative defense strategies while significantly defraying the associated costs of litigation. Of the three patents asserted, Mr. Brun obtained a stay of the litigation on one of the patents pending an ultimately successful reexamination in the U.S. Patent Office, obtained a voluntary dismissal of the second patent just prior to filing a summary judgment motion of non-infringement, and obtained a dismissal of the third patent through a stipulated design-around.*
- Nikon following a loss by the company in an action it brought in the International Trade Commission in the companion action in the U.S. District Court in San Francisco, California. Mr. Brun was primarily responsible for establishing Nikon's infringement claims on its microlithography patents in suit, including obtaining an interpretation of a key limitation materially different from the ITC ruling. With this new and overall favorable claim construction in the district court, and with a motion for summary judgment of infringement pending, Nikon negotiated a favorable settlement with ASML, including cross licenses and a payment of $145 million to Nikon.*
*Denotes experience prior to joining Goodwin Procter
Mr. Brun’s pro bono experience includes representing Plaintiffs’ class in Valenzuela v. State of California, et. al, challenging California’s implementation of the California High School Exit Exam in the Superior Court in Oakland, California. After obtaining a preliminary injunction and pending the State’s appeal, the case settled with the State allocating $280,000,000.00 for exit exam remediation and counseling services targeting students who did not pass the exam by the end of high school. This was a critical extension for students still in need of instruction in the test materials. For English Learner students, the remediation included further instruction in English language proficiency and individual counseling.
Mr. Brun is a member of the International Trade Commission Trial Lawyers Association, San Francisco Bar Association, American Bar Association, Educational Foundation of Orinda and Arkansas Alumni Association.
Prior to joining Goodwin in 2014, Mr. Brun was a partner at K&L Gates in San Francisco, where he was a member of its IP Litigation Practice. Previously, Mr. Brun was a partner at Morrison & Foerster, where he focused on patent litigation and before that served as in-house counsel to public technology and media companies NBC Internet and OpenTV.
Before law school, Mr. Brun worked as a manufacturing engineer with Accenture (then Anderson Consulting) focusing on semi-conductor processing.