Brian has great composure and an outstanding ability to think on the fly and deliver arguments that deflect attacks that the other side are yet to even make, which inspires confidence. He goes above and beyond to accommodate your needs and preferences, and takes a pragmatic approach to resolving issues.
IAM Patent 1000 (2020)

Brian Nash leads the firm’s Texas IP practice. He is a trial and appellate lawyer with experience in more than 150 cases involving complex commercial litigation related to intellectual property and technology at the Federal Circuit, the International Trade Commission, the Patent Trial & Appeal Board, and U.S. District Courts nationwide.

Brian is a registered patent attorney with an engineering degree who handles disputes across a wide range of technical fields. He has handled litigation involving semiconductor design and fabrication, video games, virtual reality, cellular telephones, digital media distribution, oilfield equipment, wireless standards, blockchain, e-commerce, aluminum alloy composition and container fabrication, search marketing, geolocation, encryption, computer software, image processing, and liquid crystal displays. His experience spans a wide variety of intellectual property issues—including patents, trademarks, trade secrets, and copyrights—as well as other complex commercial disputes involving technology. Brian also advises on IP portfolios and licensing.

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Clients value Brian’s combination of technical and legal fluency. Brian draws on his experience at all stages of litigation and across a variety of forums to find strategies that win at early stages, to focus on issues that succeed at trial, and to protect those wins on appeal.

Brian is an active leader in the Western District of Texas. He formed the committee to start the Honorable Lee Yeakel IP Inn of Court, the first IP-focused Inn of Court in Texas, and he presently serves as the Inn’s Vice-President and Membership Co-Chair. He recently served as president of the Austin Chapter of the Federal Bar Association, and he currently serves on its Executive Board. Brian is also a recent past President of the Austin Intellectual Property Law Association.

Brian served as a judicial law clerk at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. 

Representative Experience

  • Representing Rubicon Oilfield International Holdings LLC in defending against claims of patent infringement in a case in the Western District of Texas before Judge Albright.
  • Advising Anheuser-Busch in bringing a derivation proceeding at the Patent Trial and Appeal Board.
  • Successfully upheld on appeal to the Federal Circuit a finding of invalidity against all asserted claims on behalf of The Kroger Co. for a patent case brought in the Eastern District of Texas.

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  • Defended Valve Corporation in the District of Delaware against four British Telecommunications patents asserted against Valve's Steam platform and technologies.

Professional Highlights

  • Recognized by Chambers USA in Texas Intellectual Property (2021).
  • Recognized by Best Lawyers (published by BL Rankings LLC), Litigation - Patent, Litigation - Intellectual Property (2021-2022).
  • President, Austin Chapter of the Federal Bar Association and member of its executive board since 2012.

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  • Recognized by IAM Patent 1000 for Litigation in Texas (2020).
  • Past President of the Austin Intellectual Property Law Association and member of its executive board since 2013.
  • Recognized as a “Rising Star” by Managing Intellectual Property (2018).
  • Master of the Bench, Secretary, Membership Co-Chair, and founder of the Hon. Lee Yeakel IP Inn of Court.

Education

  • J.D., The University of Texas School of Law, 2005
    with honors, Order of the Coif

    B.S., Mechanical Engineering, Iowa State University, 2002
    with distinction

Admissions

  • Texas

    U.S. Patent and Trademark Office

Courts

  • U.S. District Court for the Northern District of California

    U.S. District Court for the Northern District of Texas

    U.S. District Court for the Southern District of Texas

    U.S. District Court for the Eastern District of Texas

    U.S. District Court for the Western District of Texas

    U.S. Court of Appeals for the Federal Circuit

Clerkships

  • Law Clerk to Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit