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Bryan Banks

Senior Counsel

Bryan Banks

Bryan Banks, senior counsel in the firm's Phoenix office, focuses his practice on litigating commercial disputes that involve complex technology, including patent and trade secret matters.

Education & Credentials

Education

  • University of Utah, S.J. Quinney College of Law, J.D., Order of the Coif, 2004
  • Utah State University, B.S., Crop Science, magna cum laude, 1998

Bar and Court Admissions

  • Arizona
  • U.S. Patent and Trademark Office
  • U.S. District Court for the District of Arizona

Related Employment

  • Burbidge and Mitchell, Salt Lake City, UT, Law Clerk, 2003
  • J.R. Simplot Company Office of General Counsel, Boise, ID, Law Clerk, 2003

Impact

Professional Leadership

  • State Bar of Arizona
  • Maricopa County Bar Association

Professional Experience

Patent Litigation

Apple Inc. v. High Tech Computer (HTC) Corporation

International Trade Commission
U.S. District Court for the District of Delaware
Defended HTC in actions in the International Trade Commission (ITC) and district court alleging infringement of twenty patents relating to operating systems and mobile handsets.

Garnet Digital LLC. v. Apple, Inc., et. al.

U.S. District Court for the Eastern District of Texas
Represented T-Mobile USA in a case regarding video steaming to mobile handsets.

In re Certain Electronic Devices, Including Handheld Wireless Communication Devices

U.S. International Trade Commission
Defended HTC Corporation against allegations of patent infringement relating to performance and power management in semiconductors used in wireless communication devices.

Lemelson Medical, Education & Research Foundation Ltd. Partnership v. Intel Corporation

U.S. District Court for the District of Arizona
Defended Intel in action alleging infringement of patents claimed to relate to semiconductor manufacturing and use of machine vision and bar-coding equipment. Portion of claim dismissed; remainder settled after favorable claim construction.

Lochner Technologies, LLC v. Hewlett Packard Company, et al.

U.S. District Court for the Eastern District of Texas
Represented HTC in a case related to multimedia capabilities of the Android operating system.

Microprocessor Enhancement Corporation, et al. v. STMicroelectronics N.V., et al.

U.S. District Court for the Central District of California
Defended STMicro in action alleging infringement of patent related to conditional execution in a pipelined processor.

MOSAID v. Dell, et al.

U.S. District Court for the District of Delaware
Represented Dell in a case involving a patent portfolio asserted to be essential to several 802.11 standards.

Saxon Innovations LLC v. Apple Inc., et al.

U.S. District Court for the Eastern District of Texas
Represented Intel Corporation as intervenor-defendant in patent infringement action filed against Intel customers alleging infringement of patents relating to microprocessor, chipset and wireless communications/privacy technology.

Sound Design Technologies, Ltd. v. Oticon, Inc.

U.S. District Court for the District of Arizona
Representing declaratory judgment plaintiff Sound Design in patent case relating to hearing aid circuitry. Won motion for summary judgment of non-infringement.

St. Clair Intellectual Property Consultants Inc. v. Apple Inc., et al.

U.S. District Court for the District of Delaware
Defending HTC in six-patent infringement case relating to power management and chipset technology used in wireless communication devices.

Surfware Inc. v. Celeritive Technologies Inc., et al.

U.S. District Court for the Central District of California
Defended departed employees and their new company in an action alleging infringement of a patent and misappropriation of trade secrets involving the use of computational geometry to generate tool paths for computer-controlled milling machines. Case settled after denial of plaintiff's preliminary injunction motion and favorable constructions of patent claims.

Xpoint Technologies Inc. v. Microsoft Corporation, et al.

U.S. District Court for the District of Delaware
Defended HTC in patent infringement matter involving data transfer technology.

Litigation

Banta Corporation v. Honeywell International Inc.

U.S. District Court for the Western District of Wisconsin
Defense of breach of contract and fraud action relating to attempted procurement of a contract for the U.S. Department of Defense. Settled on favorable terms in mediation.

PowerDsine Inc. (Microsemi Corporation), et al. v. AMI Semiconductor Inc. (ON semiconductor), et al.

U.S. District Court for the Southern District of New York
Defense of action alleging misappropriation of proprietary information disclosed under a Non-Disclosure Agreement (NDA) relating to integrated circuits used in Power-over-Ethernet technology, and seeking $88 million in damages. Case settled on highly favorable terms after Court found sufficient merit in Defendant's oral motion to exclude Plaintiff's damages expert and to strike Plaintiff's damages claims to suspend the trial in its second week and request detailed written briefing.

TASER International Inc. v. Watkins

Superior Court of Arizona, Maricopa County
Action for permanent injunction for equitable assignment of patent based on alleged breaches of contracts and fiduciary duty. Judgment issued granting permanent injunction and equitable assignment.

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