Brian F. McMahon

• Christensen O'Connor Johnson Kindness^PLLC
  Seattle, WA, 2012 - present
• Morrison & Foerster
  Los Angeles, CA, 2006 - 2007; 2010 - 2012
• Alston & Bird, LLP
  Charlotte, NC, 2007 - 2010
• Latham & Watkins, LLP
  Los Angeles, CA, 2004 - 2006

• American Bar Association
• Federal Bar Association of the Western District of Washington
• Patent Trial and Appeal Board Bar Association
• U.S. District Court of Western Washington
  Rule 39.1 Neutral, Alternative Dispute Resolution 
• Washington State Patent Lawyers Association
• King County Bar Association, ADR and Intellectual Property Sections

Federal District Court

• MacNeil Automotive Products Limited d/b/a WeatherTech et al v. Yita, LLC et al
  U.S. District Court for the Western District of Washington
  Representing WeatherTech in a patent infringement matter relating to protective floor trays for automotive vehicles and their method of manufacture.
• wedi Corp. v. Hydroblok Grand International Ltd. et al
  U.S. District Court for the Western District of Washington
  Representing defendant Hydroblok Grand International Ltd. against a complaint of false advertising and unfair business practices under federal and state law.
• MercAsia USA, Ltd. v. Jianqing “Johnny” Zhu and 3BTech, Inc.
  U.S. District Court for the Northern District of Indiana  
  Representing MercAsia USA, Ltd. in enforcing patent rights and to obtain preliminary injunction related to consumer products. 
• DuPont Safety & Construction, Inc. v. Hutchinson SA et al
  U.S. District Court for the District of Delaware
  Represented Hutchinson SA in a patent infringement matter relating to flame barrier laminates for use in aircraft thermal acoustic blankets.
• Northwestern University v. King County
  U.S. District Court for the Western District of Washington  
  Represented defendant against allegations of unfair and deceptive trade practices and trademark infringement under federal, state, and common law.
• Data Management Association International v. Enterprise Warehousing Solutions, Inc.
  U.S. District Court for the Northern District of Illinois
  Represented plaintiff in matter alleging trademark infringement and unfair business competition.
• Shinn Fu Company of America, Inc. et al. v. Alltrade Tools LLC
  U.S. District Court for the Central District of California
  Represented plaintiffs Shinn Fu Company of America, Inc. and Shinn Fu Corporation to enforce patent rights and to obtain declaratory judgments concerning defendant’s intellectual property. 
• Bombardier Inc. v. Mitsubishi Aircraft Corporation et al.   
  U.S. District Court for the Western District of Washington
  Represented plaintiff Bombardier, Inc. in a complaint alleging among other claims, trade secret misappropriation under federal and state law. 
• wedi Corp. v. Wright et al.
  U.S. District Court for the Western District of Washington
  Represented defendant Hydro-Blok USA LLC, et al. against complaint of various causes of action, including unjust enrichment based on misappropriation of trade secrets.
• Hydro-Blok USA LLC, et al. v. wedi Corp. 
  U.S. District Court for the Western District of Washington
  Represented Hydro-Blok USA LLC, et al. in patent infringement matter related to prefabricated shower systems.
• wedi Corp. v. Seattle Glass Block, Inc.
  U.S. District Court for the Western District of Washington
  Represented defendant Seattle Glass Block, Inc. against a complaint for various causes of action, including breach of contract, breach of fiduciary duty, fraud, and misappropriation of trade secrets.
• The Tire Hanger Corporation v. Shinn Fu Company of America, Inc., et al
  U.S. District Court for the Central District of California
  Represented defendants Shinn Fu Company of America, Inc. and Shinn Fu Corporation against complaint for allegations of patent infringement.
• Glen J. Lerner v. Executive Marketing Consultants, Inc., et al
  U.S. District Court of Nevada
  Represented defendant Executive Marketing Consultants, Inc. against a complaint for Lanham Act violations and trademark infringement.
• Microsoft Corporation v. The Software King et al. 
  U.S. District for the Western District of Washington
  Represented defendants against allegations of copyright and trademark infringement and related commercial claims.  
• Protochips, Inc. v. Hummingbird Precision Machine Co. a/k/a Hummingbird Scientific
  U.S. District Court for the Western District of Washington
  Represented defendant Hummingbird Scientific against allegations of patent infringement pertaining to electron microscope sample holder technology, and to oppose a related motion for preliminary injunction.  
• Weatherhaven Resources, Inc. et al. v. Vantem Modular, LLC et al.
  U.S. District Court for the Western District of Washington
  Represented all defendants in patent litigation matter pertaining to mechanical devices.
• Dorman Products, Inc. v. PACCAR Inc
  U.S. District Court for the Eastern District of Pennsylvania
  Represented defendant PACCAR Inc in a declaratory judgment action to enforce various patent rights and defend against various state law unfair business practice allegations.
• Alfdex AB et al. v. PACCAR Inc
  U.S. District Court for the Northern District of Illinois
  Represented defendant PACCAR Inc in patent infringement litigation pertaining to mechanical devices.
• PACCAR Inc v. Four State Int'l Trucks, Inc. et al
  U.S. District Court for the Western District of Missouri
  Represented plaintiff PACCAR Inc to enforce intellectual property rights in various design patents, trademarks, and trade dress.
• InterForm Inc. v. Target Corp.
  U.S. District Court for the Eastern District of Texas
  Defended Target Corporation in patent litigation matter pertaining to mechanical devices.
• Molycorp Minerals, LLC v. HaloSource, Inc.
  U.S. District Court for the District of Colorado
  Represented defendant HaloSource, Inc. in a suit for breach of contract, misappropriation, and declaration of ownership of certain intellectual property related to water purification.
• Bitreserve, Ltd. et al v. Bitgold, Inc. et al.
  U.S. District Court for the Southern District of New York
  Represented Bitgold, Inc. et al. in a trademark infringement matter.
• J.W. Pharma Corp. v. PRISM Pharma Co., Ltd.
  U.S. District Court for the Central District of California
  Represented defendant PRISM Pharma Co., Ltd. in trade secret misappropriation case to obtain early dismissal based on lack of subject matter jurisdiction.
• Takeda Pharms. v. Impax Labs., Inc.
  U.S. District Court for the Northern District of California
  Represented defendant Impax Laboratories, Inc. in Hatch-Waxman (ANDA) patent litigation matter pertaining to dexlansoprazole.*
• The Medicines Co. v. Teva Parenteral Medicines, Inc. et al
  U.S. District Court for the District of Delaware
  Represented defendant APP Pharmaceuticals, LLC in Hatch-Waxman (ANDA) patent litigation matter pertaining to bivalirudin.*
• The Medicines Co. v. Kappos
  U.S. District Court for the Eastern District of Virginia
  Represented third-party intervenor APP Pharmaceuticals, LLC in patent term extension dispute relating to "The Dog Ate My Homework Act."*
• Medtronic, Inc. v. AGA Medical Co.
  U.S. District Court for the Northern District of California
  Represented defendant AGA Medical Co. in patent litigation matter pertaining to medical implant devices and metallurgy.*
• Volumetrics Medical Imaging, LLC v. GE Healthcare, Ltd. et al.
  U.S. District Court for the Middle District of  North Carolina
  Represented plaintiff Volumetrics Medical Imaging, LLC in patent litigation matter pertaining to medical device ultrasound technology.*

United States Patent and Trademark Office:

• Yita LLC et al. v. MacNeil IP LLC (IPR2023-00172)
  Representing patent owner MacNeil IP LLC in an inter partes review proceeding of US Patent No. 8,899,655 related to vehicle floor trays.
• Yita LLC et al. v. MacNeil IP LLC (IPR2023-00173)
  Representing patent owner MacNeil IP LLC in an inter partes review proceeding of US Patent No. 9,138,917 related to vehicle floor trays.
• 3BTech, Inc. v. Jingle Master International Ltd. (IPR2018-00663)
  Represented patent owner Jingle Master International Ltd. in an inter partes review proceeding for a certain claim of US Patent No. 7,882,986 related to liquid dispensing devices.

International Trade Commission

• In the Matter of Certain Dynamic Random Access Memories, Static Random Access Memories, and Products Containing Same
  Represented complainant SGS-Thomson in an investigation involving eight SGS-Thomson patents relating to SRAM and DRAM semiconductor technology.*
• In the Matter of Certain Nitrile Rubber Gloves
  Represented respondent Cardinal Health, Inc. in patent litigation matter pertaining to polymer chemistry.*
• In the Matter of Certain Voltage Regulator Circuits, Components Thereof, and Products Containing Same
  Represented respondent Monolithic Power Systems in an investigation involving two patents relating to switching voltage regulators.*

Appeals

• Spiroflow Sys., Inc. v. Flexicon Corp.
  U.S. Court of Appeals for the Federal Circuit
  Represented defendant-appellee in patent litigation matter pertaining to mechanical devices.*
• Amado v. Microsoft Corp.
  U.S. Court of Appeals for the Federal Circuit
  Represented plaintiff-appellant in patent litigation matter pertaining to computer programming and software engineering.*
• Cross Medical Prods., Inc. v. Medtronic Sofamor Danek, Inc.
  U.S. Court of Appeals for the Federal Circuit
  Represented plaintiff-appellant in patent litigation matter pertaining to medical impl ant devices.*
• Centillion Data Systems, LLC v. Qwest Comm's Int'l, Inc. et al.
  U.S. Court of Appeals for the Federal Circuit
  Drafted petition for rehearing en banc on behalf of defendants-cross appellants for issues pertaining to joint infringement.*
• Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.
  U.S. Court of Appeals for the Federal Circuit
  Drafted amicus brief for third party AGA Medical Corp. addressing impropriety of potential extraterritorial reach of 35 U.S.C. 271(f) as applied to method claims.*

(*indicates represented while at another firm)

Presentations

• “The status of willful infringement jurisprudence in the aftermath of SRI v Cisco," Washington State Patent Law Association; panelist (Seattle, WA, January 2022).
• “Ethics for Patent Practitioners,” National Association of Patent Practitioners, Annual Meeting & Conference (Seattle, WA, July 2019).
• "Intellectual Property: From Fundamentals to Enforcement," Seattle University School of Law, Summer Practice Academy  (Seattle, WA, July 2015 and July 2017).
• "Daimler AG v. Bauman and its Impact in Hatch-Waxman Lawsuits' Personal Jurisdiction Challenges," The Knowledge Group Live Webcast Series (Seattle, WA,
• July 2015).
• "H.R. 3309: ‘The Innovation Act' and its Likely Impact on Patent Litigation," Licensing Executive Society, Vancouver Chapter (Vancouver, BC, January 2014).
• "Federal Circuit Survey & USPTO Review Procedures," Christensen O'Connor Johnson Kindness (Seattle, WA, June 2013).
• "Protection of Intellectual Property Under the Biologics Price Competition & Innovation Act," American Conference Institute, Hatch-Waxman Boot Camp 
  (San Diego, CA, July 2011).
• "The Significance of Bioequivalence in FDA ANDA Applications," American Conference Institute, Paragraph IV Litigation (San Francisco, CA, October 2010).

Publications 

• "The Biologics Price Competition and Innovation Act of 2009:  Legislative Imprudence, Patent Devaluation, and The False Start of a Multi-Billion Dollar Industry," Kentucky Law Journal, Vol. 100, No. 3 (2011 - 2012).
• "Search Terms: The Use of Trademarked Terms by Web Search Pages has Challenged Traditional Boundaries of Trademark Protection," Los Angeles Lawyer: The Magazine of the Los Angeles County Bar Association, Vol. 28, No. 9, pp. 38-44 (November 2005).
• "Comment, ‘Lee v. Kemna': A Model for Ends-Justify-the-Means Jurisprudence," The Georgetown Journal of Law and Public Policy, Vol. 1, No. 467 (2003).