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Bryan J. Sinclair

Fax +1.650.798.6701

Bryan Sinclair is a partner in the firm's Palo Alto office. He focuses his practice in patent, trademark, copyright, and trade secret litigation, complex commercial litigation, and intellectual property counseling, licensing, protection, and enforcement. He has argued numerous Markman hearings, handled case dispositive motions, arbitrated multiple intellectual property matters, and tried several patent infringement cases to jury verdict.

Mr. Sinclair has broad industry experience in litigating intellectual property disputes involving Internet web browser technology, content delivery networks, server load balancing technology, consumer electronic devices, integrated circuit design, manufacture, and inspection, sensor integration technology, genetic engineering, biochemical compounds, petrochemical compounds, and medical devices, as well as a variety of design patents

Mr. Sinclair has represented clients in many federal jurisdictions including the Northern, Central, and Southern Districts of California; the District of Delaware; the Western District of Washington; the Northern, Eastern, and Southern Districts of Texas; the Southern District of New York; the Middle and Southern Districts of Florida; the Middle District of Pennsylvania; the Northern District of Ohio; the District of Arizona; the District of D.C.; the Eastern District of Virginia; the District of Maryland; and the U.S. Court of Appeals for the Federal Circuit.

Professional Background

Following law school, Mr. Sinclair served as a judicial clerk to Judge Peter T. Fay of the U.S. Court of Appeals for the Eleventh Circuit. During his career, he has practiced in Miami, Washington, D.C., and Silicon Valley, Calif. at several national and international firms.

Professional/Civic Activities

  • Member, American Intellectual Property Law Association
  • Member, California Bar Association, Intellectual Property Law Section

Speaking Engagements

  • "Standard Setting Organizations and Patent Pooling," Silicon Valley Association of General Counsel - 21st Annual All Hands Meeting, December 3, 2009
  • "Nuts & Bolts of Patent Prosecution and Litigation; Current Developments in Patent Law," California Bar 33rd Annual IP Institute, November 2008
  • "Nuts & Bolts of Patent Litigation; Critical Patent Law Developments," California Bar 32nd Annual IP Institute, November 2007
  • Obtained very favorable settlement at the time of the Markman hearing in a case involving content delivery network technology.
  • Secured summary judgment of non-infringement in a case involving chemical compounds utilized in cosmetic products.
  • Obtained an extremely favorable settlement for the client in a source code copyright infringement and trade secret misappropriation case.
  • Obtained a seven-figure arbitration award in a matter with a variety of claims surrounding a Web-based technology development agreement involving electronic time and date stamping.
  • Obtained a favorable settlement for a client in a patent infringement case involving biochemical compounds.
  • Obtained a favorable settlement for a client in a patent infringement case involving server load balancing technology.
  • Prevailed on summary judgment of non-infringement for the defendant in a patent infringement case involving semiconductor wafer inspection technology and proceeding to trial on the only remaining counterclaim patent covering wafer defect detection.
  • Defeated a motion for preliminary injunction in a "bet the company" patent infringement case involving semiconductor ultra-shallow junction measurement.