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Brooks M. Beard

Partner
San Francisco, (415) 268-7339
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Brooks Beard is a partner in the firm’s Intellectual Property Group. Mr. Beard has a trial and appellate litigation practice focusing on complex IP litigation. Mr. Beard also provides counseling and litigation advice on issues surrounding false or deceptive advertising allegations relating to environmental or “green” marketing claims and is a Steering Committee member for Morrison & Foerster's Clean Technology + Alternative Energy Practice Group.

Regarding his IP litigation practice, Mr. Beard has overseen dozens of complex technology matters for clients in the federal trial and appellate courts. He has been involved in everything from high-stakes patent litigation matters to patent litigation against non-practicing entities. The technologies at issue in these matters have included such things as online technical design tools, telecommunications equipment, Internet search and advertising, website functionality, graphical user interfaces, smartphones, optical character recognition software, camouflage stealth systems, power over Ethernet, candle designs (relating to design patents), and consumer product packaging. Mr. Beard’s clients have included companies such as Clorox, Huawei Technologies, OpenTV, National Semiconductor, Nuance Communications, Restoration Hardware, Texas Instruments, Viztek, VMware, and Xelerated.

Mr. Beard serves on the Council of Legal Advisors and the Eco-Entrepreneurship Advisory Council at the Donald Bren School of Environmental Science & Management, University of California, Santa Barbara. In October 2007, then-Mayor Gavin Newsom appointed Mr. Beard to serve as a Commissioner on the San Francisco Rent Stabilization and Arbitration Board. He was sworn in as a Commissioner in January 2008 and in January 2012, Mayor Edwin Lee reappointed him to this position.

Mr. Beard received his B.A. from the University of California, Santa Barbara, his J.D., cum laude, from Vermont Law School, and his LL.M., with distinction, from Georgetown University Law Center.

Smartphone Litigation
Member of team that successfully tried a high-profile smartphone case leading to a jury verdict of over $1 billion.
Nuance Communications v. ABBYY USA Software House, et al.
(Northern District of California). Representing Nuance in patent infringement, trade dress infringement, and false advertising lawsuit relating to optical character recognition technology.
Unified Messaging Solutions LLC v. Intuit Inc., et al.
(Eastern District of Texas; Northern District of Illinois). Represented VMware, Intuit, and Homestead Technologies in patent infringement lawsuit brought by non-practicing entity regarding VMware’s Zimbra webmail platform. Cases consolidated by MDL Panel in Northern District of Illinois for pretrial proceedings.
eTool Development, Inc. v. National Semiconductor Corporation
(Eastern District of Texas). Represented Texas Instruments (formerly National Semiconductor) in patent infringement lawsuit involving online circuit design tool. Prevailed on two non-infringement arguments at summary judgment stage. Case settled in 2012 after defeating plaintiff’s motion to reconsider the non-infringement summary judgment rulings.
Aloft Media, LLC and Stragent, LLC cases
(Eastern District of Texas). Represented eight defendants in 12 patent infringement lawsuits filed by non-practicing entities Aloft Media and Stragent, with technologies relating to browser, toolbar, and instant message functionality, network processors technology, and network router technology. Clients included Yahoo!, Huawei Technologies, Xelerated, Schwab, E*Trade, TD Ameritrade, Fidelity, and Cupid.com.
Parallel Networks v. Restoration Hardware
(Eastern District of Texas). Represented Restoration Hardware in patent infringement lawsuit involving website functionality.
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