Calvin M. Brien litigates patent and trade secret cases before the US International Trade Commission (ITC) and federal district courts. He applies his background in electrical engineering and mathematics to help clients solve complex technical issues underlying patent infringement and trade secret misappropriation. He has gone to trial numerous times, where he has examined witnesses and presented oral arguments. Calvin is also a former patent examiner at the US Patent and Trademark Office (USPTO) and has unique insight into how the US Patent Trial and Appeal Board (PTAB) tackles validity questions in post-grant proceedings.
Calvin is proficient in several software programming languages and works closely with technical experts to analyze source code and prepare expert reports. He has been involved in numerous high-stakes litigations where source code has been at issue, including a recent jury trial involving machine learning (ML) and artificial intelligence (AI) software. In that case, Calvin’s technical strategies helped secure a $45 million verdict for the client, and he was recognized in an article by The American Lawyer for his work.
Calvin regularly leverages his technical skills and background as a patent examiner to advise clients on maximizing the values of their global patent portfolios through strategic patent prosecution. He helps clients mine their portfolios for valuable patent assets for use in licensing and litigation.
Calvin translates his litigation achievements to serving underserved clients through his pro bono work. He has argued before the US Army Discharge Review Board on behalf of an Iraq War veteran to secure an upgrade of the veteran’s discharge status.
Before his legal career, Calvin was an engineer for a defense contractor in Maryland, where he helped design and integrate communications systems for the US Navy.
Recommended, Intellectual property: Patents: Litigation (International Trade Commission), The Legal 500 US (2024)
Member, International Trade Commission Trial Lawyers Association
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Member, American Bar Association
Member, American Intellectual Property Law Association
Editor, American Intellectual Property Law Association Quarterly Journal (2016–2018)