Paul F. Brinkman

Direct Tel: 202-538-8102

 

Washington, D.C. Office
Tel: 202-538-8000
Fax: 202-538-8100
paulbrinkman@quinnemanuel.com

Practice Areas
Antitrust and Trade Regulation
Intellectual Property Litigation
International Trade Commission Proceedings

Education


University of Virginia (J.D., 1993)
     Virginia Law Review:
          Editorial Board Member, 1992-1993
     Virginia Journal of International Law:
          Editorial Board Member, 1992-1993

 

Cambridge University (M.Phil, 1989)

 

Yale University (B.A., 1988)






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Biography


Chambers describes Paul Brinkman’s work before the International Trade Commission as “unflappable, measured, and technically superb."  Based in the firm’s Washington, D.C. office, Mr. Brinkman leads the firm’s Section 337 practice before the ITC.  His work at the ITC has led to numerous orders excluding competitor’s infringing products from the United States and settlements valued at over $1 billion.  He has been profiled as a key participant in the global smartphone patent wars, but has worked on a wide variety of technologies as simple as faucets, blackpowder rifles and paper towel dispensers, and as complex as light emitting diodes, capacitive touch sensors and baseband processors.

Mr. Brinkman served on the Steering Committee of the D.C. Bar’s International Section from 2006-2009, is a fellow of the American Bar Foundation, and was co-chair of the American Bar Association’s Customs Law Committee from 2007-2009.  He is currently listed in Who’s Who Legal, Patents and Trade & Customs, and The Best Lawyers in America, and is nationally ranked in Chambers’ guides as a leading Section 337 practitioner.




Representative Clients

RF Micro Devices
Motorola Mobility
Samsung Electronics
HTC
Ford
Nissan
Barnes & Noble
Sony


Notable Representations


Certain Radio Frequency Integrated Circuits (ITC 2012): Currently representing RF Micro Devices and Motorola Mobility in a Section 337 action brought by Peregrine Semiconductor, alleging infringement of five US patents. 

Certain Projectors with Controlled-Angle Optical Retarders (ITC 2012): Currently representing Sony in responding to an investigation relating to cinema and high-end projectors.  The case is currently in discovery.  Trial is set for November, 2012.

Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions (ITC 2012): Representing MediaTek in responding to serial-patent infringement complaints filed by Freescale.  Trial is set for September, 2012.

Certain Automotive GPS Navigation Systems (ITC 2012): Represented Ford, Nissan, Clarion, e-Ride and Mitsubishi Electric in wide-ranging patent infringement litigation brought by Swiss NPE Beacon Navigation.  The complaint was withdrawn in the middle of discovery and the section 337 investigation was terminated.

Certain Handheld Electronic Computing Devices (ITC 2011).  Currently representing Barnes & Noble in defending its popular Nook e-readers from claims of patent infringement by Microsoft. The case was tried in February, 2012 and a decision from the ALJ is pending.

Certain Portable Electronic Devices (ITC 2011): Representing HTC in responding to patent infringement litigation brought by Apple against HTC’s smartphones. The case is set for trial in August, 2012.

Certain Mobile Electronic Devices (ITC 2011): Representing Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications America, LLC in two 337 actions against Apple Inc., involving twelve design and utility patents.  The cases are set for trial in June, 2012.

Certain GPS Navigation Products, Components Thereof, and Related Software (ITC 2011): Represented Furuno Electric Co., Ltd. and Furuno U.S.A., Inc. against Honeywell International, Inc. in a 337 action where Furuno was accused of importing GPS products alleged to infringe four patents.  The case settled favorably.

Certain Mobile Devices and Related Software (ITC 2011): Representing Motorola Mobility, Inc. in two actions against Apple Inc., involving nine patents.  The cases were tried in September and December, 2011.  Final decisions are pending.

Certain Electronic Devices, Including Mobile Phones, Mobile Tablets, Portable Music Players, and Computers (ITC 2011):  Represented a global telecommunications company in high-stakes patent litigation against Apple, which spanned three separate ITC investigations and resulted in an extraordinarily large settlement in the client’s favor.

Certain Muzzle-Loading Firearms and Components Thereof (ITC 2011): Defended a Spanish manufacturer of black powder rifles in patent litigation brought by Smith & Wesson. 

Certain Components for Installation of Marine Autopilots with GPS or IMU (ITC 2011):  Represented a marine navigation company in patent litigation involving autopilot systems. 

Certain Electronic Imaging Devices (ITC 2011).  Defended a global telecommunications company in a camera-related patent dispute brought by Flashpoint.  The case was settled prior to trial.

Certain Electronic Paper Towel Dispensing Devices and Components Thereof (ITC 2011).  Led a global paper products company to a complete victory in a patent dispute against numerous manufacturers and importers of infringing paper towel dispensers.  After a finding of infringement on summary determination, the client obtained a general exclusion order prohibiting importation of all infringing devices from any source.

Certain Mobile Telephones and Wireless Communications Devices Featuring Digital Cameras (ITC 2010):  Represented the most well-known photography company in the world against Apple and RIM at the Commission level following an unfavorable initial determination, obtaining a remand to a new Administrative Law Judge.

Certain DC-DC Controllers and Products Containing Same (ITC 2010): Represented a Taiwanese semiconductor company in seeking relief for patent infringement and trade secret misappropriation.  The respondents filed a consent order agreeing not to import accused products on the eve of trial.

Certain Welding Bulk Welding Wire Containers and Components Thereof and Welding Wire (ITC 2010): Defended a European welding wire supplier against allegations of infringement.   The case was tried in 2010, and the Commission found no infringement and terminated the investigation.

Certain Non-Shellfish Derived Glucosamine (ITC 2010): Defended a Chinese health products company accused of patent infringement by Cargill.  The investigation was settled favorably very early in the litigation.

Certain Catheters, Consoles, and Other Apparatus for Cryosurgery (ITC 2008): Defended a small Canadian medical products company in bet-the-company litigation brought by its market rival CryoCor, Inc., which settled favorably prior to trial.  Immediately thereafter, our client was acquired by Medtronic.

Certain R-134a Coolant (otherwise known as 1,1,1,2-tetrafluroethane) (ITC 2008): Represented a global chemical company in an investigation against Sinochem for infringement of a patented process of producing an ozone-friendly refrigerant.  The investigation was settled favorably on appeal.

Certain Hard Disk Drives (ITC 2008): Defended a California-based hard disk drive manufacturer in an investigation brought against hard drives and computers that contain them. Complainant withdrew its case prior to trial.

Certain 3G Mobile Handsets (ITC 2008): Defended a global telecommunications company in an investigation brought by Interdigital Communications LLC. The ITC found non-infringement of any of InterDigital's patents and terminated the investigation.

Certain Nitrile Rubber Gloves (ITC 2008): Obtained a finding of no violation based on invalidity on behalf of a global medical equipment supplier and its affiliates in an investigation regarding medical examination gloves. 

Certain Mobile Telephone Handsets (ITC 2007):  In perhaps the largest global intellectual property war at the time, defended a global telecommunications company.  At the ITC, the Administrative Law Judge denied the plaintiff’s request to enjoin our client from importing its handsets into the United States.  It also held that none of the three asserted patents were infringed and that one was invalid under KSR Int’l v. Teleflex.  This provided a complete defense victory—allowing our client to continue importing hundreds of millions of handsets into the United States—and set the stage for a global settlement on the eve of trial in another case in Delaware.

Certain Automotive Grilles (ITC 2005). Defended the principal importer of aftermarket automotive body parts from Taiwan in an investigation brought by one of the big three US automakers.  The case was withdrawn after we demonstrated to the complainant that its patent was invalid.

Certain Electric Robots (ITC 2005): Led a German paint robot manufacturer to a trial victory over its Japanese rival.

Certain Point of Sale Terminals (ITC 2004) Defended an Irish manufacturer of credit and debit card processing machines against a claim filed by a non-practicing entity based on lack of jurisdiction.

Certain Insect Traps (ITC 2004): Defended the lead respondent in an investigation involving propane-based insect traps. In a novel move, succeeded in terminating the investigation as to one of the patents and certain of the accused products during the discovery period without a hearing and without any findings of a Section 337 violation. Tried the remaining case in late May 2004 and won a final determination of non-infringement.

Certain Two-Handle Centerset Faucets (ITC 2000): Led one of America’s largest plumbing products companies to obtain a rare “general exclusion order” instructing U.S. Customs to seize or deny entry to any imported infringing faucets.  The victory was highlighted by the ITC Bar Association as the most significant ITC patent litigation of the year and resulted in detentions and seizures by U.S. Customs of many competitive products.