Brian Nash co-chairs Morrison Foerster’s global Intellectual Property Litigation Group and the cross-disciplinary Intellectual Property Group, in addition to serving as Managing Partner of the firm’s Austin office. With over 200 cases litigated in Texas alone, Brian brings a wealth of experience to high-stakes disputes in some of the nation’s most active intellectual property jurisdictions. His practice extends nationally, encompassing district courts, the PTAB, the ITC, and the U.S. Court of Appeals for the Federal Circuit. Brian has represented Fortune 50 clients in matters involving patents, trademarks, trade secrets, and copyrights.

Brian’s recent work exemplifies his ability to deliver outstanding results for clients facing complex, high-value IP disputes. Among his notable achievements, he secured a complete summary judgment win in a case where the opposing party sought over $800 million in damages by attempting to capture royalties across an entire product ecosystem. In another matter, he obtained a highly favorable settlement in a 10-patent case, leveraging an aggressive early motion strategy to reach resolution. Brian has also advanced client interests as plaintiff’s counsel in a major competitor-v.-competitor case. He has delivered several dispositive wins that resolved major cases without any damages paid, further establishing his reputation as highly sought-after counsel for leading technology companies. Additionally, Brian recently won dismissal with prejudice in a case based on a motion to dismiss for patent invalidity under Section 101, underscoring his skill in legal writing and strategic advocacy.

Brian’s technical acumen is grounded in his experience as a registered patent attorney and his engineering background. He is known for his ability to analyze and simplify complex technical issues, providing strategic counsel across a broad spectrum of technologies, including semiconductors, programmable logic devices, software, blockchain, e-commerce, digital media, video games, virtual reality, wireless standards, video streaming, aluminum alloy composition, container fabrication, hydrocarbon exploration, search marketing, geolocation, encryption, image processing, organic light-emitting diode (OLED) displays, and liquid crystal displays. Clients value his analytical approach and his capacity to translate intricate technical concepts into effective legal strategies.

Widely recognized as a leader in the Texas intellectual property community, Brian has played a pivotal role in shaping the region’s legal landscape. He founded the Honorable Lee Yeakel IP Inn of Court—the first IP-focused Inn of Court in Texas—and currently serves as its president. His commitment to professional service is further demonstrated through his roles as a board member and past president of the Austin Chapter of the Federal Bar Association and as a past president of the Austin Intellectual Property Law Association.

Representative Experience

• Won a dispositive claim construction ruling that resulted in a dismissal following a Markman hearing before Judge Albright on behalf of a Fortune 50 semiconductor company on a patent related to field programmable gate arrays.
• Won a final written decision holding all claims unpatentable and denying patent owner’s motion to amend in an inter partes review for a Fortune 50 semiconductor company on a patent related to field programmable gate arrays.
• Representing Cimarex Energy Co. in defending against a multi-patent case involving e-fracking technologies.
• Advising Anheuser-Busch in an instituted derivation proceeding related to aluminum alloy composition technology that is pending at the Patent Trial and Appeal Board.