Overview
Elizabeth Brann guides many of the world’s largest technology and life sciences companies in navigating their most complex litigation. A formidable litigator, Elizabeth has appeared and won in trial courts across the United States, the International Trade Commission, and the U.S. Patent Trial and Appeal Board.
Elizabeth works closely with clients to understand their business and objectives, guiding them in building an effective patent portfolio strategy to generate the most value. She has had a number of impressive accomplishments throughout her career.
Elizabeth served as lead counsel in the closely watched, long-running dispute between client Align, the maker of Invisalign, and rival ClearCorrect. This 14-year battle required precise coordination among multiple firms and litigation in the U.S. district court, the Federal Circuit, the International Trade Commission. Elizabeth’s tenacity helped secure a $51 million settlement for Align. She was named “Litigator of the Week” by The American Lawyer, a “Legal Lion” by Law360, and a “Female Power Player” by the University of Texas’ Center for Women in Law for her exceptional work.
Elizabeth also participates in numerous community activities. She serves as chair of the board of the Emilio Nares Foundation, which helps families dealing with childhood cancer, and previously was chair of the board of the San Diego Volunteer Lawyer Program.
Elizabeth has a strong background in both electrical and biomedical engineering, and has particular expertise in computer hardware and software, medical devices, telecommunications, semiconductors, and consumer electronics.
Recognitions
- Named to the IAM Patent 1000 (2021-2023)
- Named to Managing Intellectual Property's IP Stars (2023)
- Named among Daily Journal’s Top Women Lawyers in California for 2021 and Top IP Lawyers in California for 2020
- Named to the San Diego Business Journal’s Top 50 Nonprofit Board Leaders of Influence 2023
- Named to The Legal 500 for Patents: Litigation (2020)
- Named “Litigator of the Week” by The American Lawyer, recognized as a “Legal Lion” by Law360, and named a “Female Power Player” by the University of Texas’ Center for Women in Law for her blockbuster settlement for Align
- Rising Star, San Diego Super Lawyers (2015-2017)
- Pro Bono Publico Award from Casa Cornelia Law Center Inn of Court (2012)
- Wiley Manuel Award from the State Bar of California for pro bono efforts (2010, 2012)
Education
- Harvard Law School, J.D., 2002 (Editor-in-Chief of the Harvard Journal of Law & Technology)
- Marquette University, B.S, Electrical and Computer Engineering major, Biomedical Engineering minor, 1999 (summa cum laude)
Representations
- CyWee v. Samsung (E.D. Tex.). Represented Samsung Electronics in patent infringement case related to 3D pointing devices and movement tracking and obtained a stay of litigation pending inter partes review just a few months before trial. Both asserted patents were invalidated through inter partes review, resulting in dismissal in favor of her client.
- Anonymous Media Research Holdings v. Samsung (E.D. Tex.). Representing Samsung Electronics in patent infringement case related to content recognition functionality. Case is ongoing.
- AlmondNet v. Samsung (W.D. Tex., N.D. Cal.). Representing Samsung Electronics in patent infringement case related to targeted advertising. Obtained rare transfer of case from the Western District of Texas to the Northern District of California. The case is stayed pending the outcome of inter partes review proceedings.
- Organovo, Inc. v. Cellink AB and related actions (D. Del., W.D. Tex.). Lead counsel for Organovo in multi-patent litigation involving pioneering patents on bioprinter technology. Case settled favorably.
- Allele Biotechnology and Pharmaceuticals, Inc. v. BioNTech SE and Pfizer (S.D. Cal.). Represented COVID-19 vaccine developer BioNTech SE in patent infringement litigation involving artificial fluorescent protein assay technology.
- Align Technology v. ClearCorrect (ITC, S.D. Tex.). Secured a $51 million settlement for Align in historic patent infringement battle.
- Ironworks v. Samsung (N.D. Cal.). Represented Samsung Electronics in patent infringement case related to smartphone functionality. Ironworks stipulated to non-infringement and invalidity.
- Uniloc 2017 LLC v. Google LLC (E.D. Tex.). Representing Google in nine separate patent infringement cases.
- ID Tech et al. v. Samsung Electronics and Samsung Pay, Inc. et al. Defending Samsung in a patent infringement case brought International Technologies and Systems Corp. d/b/a ID TECH. ID Tech stipulated to non-infringement after a favorable claim construction ruling.
- Honeywell v. Apple (D. Del.). Represented Samsung SDI in patent infringement case related to LCD modules. The court granted summary judgment of invalidity due to the on sale bar days before trial was set to begin. The summary judgment decision was affirmed on appeal to the Federal Circuit.
Engagement & Publications
- Another Look at the Doctrine of Equivalents, IP Law360
- That’s Your Opinion Letter, IP Law360
Involvement
- Chair of Paul Hastings San Diego office’s pro bono committee
- Chair of the San Diego Volunteer Lawyer Program, which provides free civil legal services to low income and underserved communities in San Diego
- Vice Chair of the board of the Emilio Nares Foundation. The Foundation supports families navigating their child’s journey with cancer in numerous ways, including transportation to and from treatment
- Contributes her time to the Casa Cornelia Law Center, a nonprofit public interest law firm in San Diego, and has helped refugees seeking asylum in the United States and domestic violence victims seeking permanent restraining orders. She was honored for her work with the Pro Bono Publico Award