1400 Page Mill Road\\Palo Alto, CA 94304-1124\\United States
Brent A. Hawkins centers his practice on intellectual property litigation, counseling, and procurement. Throughout his career, Brent has served as lead counsel in numerous patent, trademark, trade dress, unfair competition, and copyright matters, representing clients in jurisdictions throughout the United States. He also has served as lead counsel in ex parte and inter partes proceedings before both the US Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). Brent has experience across a variety of sectors and industries, with a particular focus on the technology, automotive, fintech, and consumer product sectors.
Brent has litigated and counseled on a broad array of patents in the areas of automotive in-vehicle and networked infotainment systems, audio video switching and control systems and interactive audio video interfaces, diesel engines, fuel injectors, consumer electronics, thermal printing, houseware goods, furniture systems, orthotic devices, pharmaceutical products, power control and supply, semiconductors and integrated circuits, and software, including patented technologies concerning cloud computing, navigation and location software, Internet of Things (IoT), LTE, secured storage, streaming media, and WiFi.
Utilizing his engineering background, Brent prosecutes patent applications in the mechanical, electro-mechanical, and software arts. He also advises clients in licensing negotiations, including with regard to alleged standard-essential patent (SEP) and related fair, reasonable, and nondiscriminatory (FRAND) issues. Brent further applies his patent expertise to the transactional realm by working with clients to perform due diligence investigations and render opinions in the sale or acquisition of businesses or targeted business assets involving various technologies.
Brent also has prosecuted patent applications across an array of mechanical, electro-mechanical and software technologies, including patent applications for diesel engine technology, automotive breaking technology, consumer houseware products, financial transaction and rewards management software, customer relationship management (CRM) software, encryption software, and telephony event detection software.
Brent was appointed to serve on the Magistrate Judge Review Panel in 2013 and the Magistrate Judge Merit Selection Panel in 2012 for the US District Court for the Northern District of Illinois.
Prior to joining Morgan Lewis, Brent was a partner at another global law firm.
Defended software development company against patent infringement, misappropriation of trade secrets and false advertising claims brought by a competitor relating to its software for collecting, analyzing and authenticating telephonic information. (D. Del.)
Lead counsel for defendant against patent infringement and trade secret misappropriation claims directed to its wireless synchronized timing technology. (W.D. Wisconsin)
Serve as lead counsel for the defendant in patent litigation involving vehicle infotainment interactive audio/video interface systems in Dale Progress Ltd. v. AllGo Systems, Inc. (D. Del.)
Serve as lead counsel for the defendant in patent litigation involving route guidance software and systems in Blackbird Tech. v. Uber Technologies, Inc. (D. Del.)
Serve as lead counsel for the defendant in patent litigation involving route guidance software and systems in Route Guidance Systems LLC v. Uber Technologies, Inc. (D. Del.)
Serve as lead counsel for the defendant in patent litigation involving thermal modeling in printer technology in TPP Tech. v. Zebra Technologies, Inc. (D. Del.)
Served as lead counsel for the defendant in patent litigation involving telephone switching technology using a networking protocol for sending the programming language code to a client in Wave Linx LLC v. Polycom, Inc. (D. Del.)
Served as lead counsel for the defendant in patent litigation involving Power over Ethernet (PoE) technology in audio technology in ChriMar Systems, Inc. v. Polycom, Inc. (W.D. Tex.)
Served as lead counsel for the plaintiff in patent litigation involving office furniture and systems in Steelcase, Inc. v. Haskell Office LLC (W.D. Michigan)
Served as lead counsel for the plaintiff in a breach of contract dispute involving medical research funding agreements relating to the development of gene therapy technology in Families of Spinal Muscular Atrophy v. Nationwide Children's Hospital, et al. (N.D. Ill.)
Served as lead counsel for the defendant in patent litigation involving Power over Ethernet (PoE) technology in ChriMar Systems, Inc. v. AMX, LLC. (E.D. Tex.)
Served as lead counsel in patent litigation involving an online real estate transaction system in Property Disclosure Technologies v. Redfin Corp. (E.D. Tex.)
Served as lead counsel for the defendant and obtained a finding of invalidity and full dismissal of patent infringement claims brought against our clients in Groundswell Technologies, Inc. v. Synapsense Corporation et al. (C.D. Cal.)
Secured a dismissal of claims against Dovonex® Abbreviated New Drug Application (ANDA) prior to trial and served as trial counsel for the defendant in Hatch-Waxman litigation involving Taclonex® in Leo Pharma A/S v. Tolmar, Inc. (D. Del.)
Secured settlement for the defendant in Hatch-Waxman litigation involving topical pharmaceutical product Solaraze® in Fougera Pharmaceuticals, Inc. v. Tolmar, Inc. (D.N.J.)
Served as lead counsel for the defendant in patent litigation involving a travel website and successfully secured a dismissal with prejudice of all infringement claims after claim construction in Pinpoint, Inc. v. Orbitz, LLC (N.D. Ill.)
Served as lead counsel for the defendant and obtained summary judgment of noninfringement and no breach of contract on claims brought by the plaintiff; prevailed on the breach of contract claim brought by our client in Spoilage Cutter Co. v. World Kitchen, LLC (N.D. Ill.)
Served as trial counsel for the plaintiff in a patent and trade dress counterfeit action involving consumer houseware products in World Kitchen, LLC, et al. v. Big Lots, Inc., et al. (N.D. Ill.)
Served as trial counsel for the defendant in a trademark infringement suit, Picture Me Press, LLC v. CPI Images, LLC (N.D. Ohio), involving a major photography studio chain brand name
Obtained summary judgment on behalf of the defendants in a copyright suit involving major residential architectural designs; the decision of the district court was affirmed by the US Court of Appeals for the Third Circuit in Barefoot Architecture, Inc. v. Bunge, et al. (D. Virgin Islands)
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Recognized, Trademark Law, San Francisco, The Best Lawyers in America (2020)
Recognized, Litigation – Intellectual Property, San Francisco; Litigation – Patent, San Francisco; Patent Law, San Francisco, The Best Lawyers in America (2011–2020)
Recommended, Intellectual property: Patents: licensing, The Legal 500 US (2019)
Recommended, Intellectual property: Patents: litigation (full coverage), The Legal 500 US (2019)
Recommended, Intellectual property: Patents: prosecution (including re-examination and post-grant proceedings), The Legal 500 US (2019)
Ranked, Intellectual Property: Patent, California, Chambers USA (2013–2019)
Recognized, IAM Patent 1000: The World's Leading Patent Professionals (2014–2019)
Vice President, Board of Directors, Ada S. McKinley Community Services, Inc.
Chairman, The Chicago Committee on Minorities in Large Law Firms (2013–2015)
President, Intellectual Property Law Association of Chicago (IPLAC) (2013–2014)
Member, Richard Linn American Inn of Court
Member, American Intellectual Property Law Association (AIPLA)
Member, International Trademark Association (INTA)
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Federal Circuit
US District Court for the Northern District of Illinois
US District Court for the Central District of Illinois
US District Court for the Northern District of California
US District Court for the Central District of California
US District Court for the Southern District of California
US District Court for the Eastern District of Wisconsin
US District Court for the Eastern District of Texas
US District Court for the Eastern District of Michigan
US District Court for the Western District of Michigan